HomeMy WebLinkAboutAGMT - Asbury Environmental ServicesPLEASE COMPLETE THIS INFOP ""TION
RECURDING REQUESTED BY:
CITY OF SEAL BEACH
211- 8th Street
Seal Beach, California 90741
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SEAL BEACH
211 -8th Street
Seal Beach, California 9074
Recorded in Official Records, County of Orange
Toni Daly, Clerk- Recorder
1111111111111111111111111111111111111111111111111111111111111111111 NO FEE
200300004019211:39arn 01/13103
112 51 R23 3
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TITLE: RESOLUTION NUMBER 5083
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies) 21 O
0o 1 1/92 C/ v
1 W MW
NQ\Recording Fee Pursua- to
Government,Code Section, 6103,27383.
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT #50092 CITY CATCH BASIN
FILTERS, PIIASE It ENTERED INTO 13ETWEEN ASBURY
ENVIRONMENTAL SERVICES AND THE CITY OF SEAL BEACH
WHEREAS, on September 23, 2002, the City of Seal Beach entered into a contract with
Asbury Environmental Services.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach
as follows:
Section 1 . That the work required to be performed by said Contractor has been
completed.
Section 2 . That the total cost of said work is in the amount of $ 41,770.
Section 3 . That the work is hereby accepted and approved.
Section 4 . It is further ordered that a "Notice of Completion ", Exhibit "A ", be filed on
behalf of the City in the Office of the Orange County Recorder within 10
days of the date of this resolution.
PASSED, APPROVED AND PTED by t ity Council of the City of Seal Beach
at a meeting thereof held on the clay of 2002 by the following vote:
AYES: Counci
NOES: Counci
ABSENT: Counci
A ' ES
r
Cites erk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH)
I, Joanne M. Yeo, City Clerk of Seal Beach, California hereby certify that the foregoing
resolution is the original copy of Resolution Numbe • on file in the office of the City
Clerk, xassed, approved, and adop by the City until of the City of Seal Beach, at a
reg, c r me ting thereof day of`, 2002.
City Cl
Ll. $,
Mayor, City of Seal Beach
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
2118 th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
* ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * **
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereinafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach, 211 8` Street, Seal Beach, CA 90740
4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter described as completed on 11/15/2002 The work
was: Seal Beach Catch Basin Filters, Phase IL Project #50092.
6. The name of the contractor, if any, for such of improvement was: Asbury Environmental Services.
7. The date of the Contract was: September 23, 2002.
8. The property on which said work of improvement was completed in the City of Seal Beach, County of
Orange, State of California, and is described as follows: Seal Beach Catch Basin Filters, Phase II,
Project # 50092.
Date: �' O V .
Sign re of owner or corporate officer of owner
named in paragraph 2 or his agent.
DEPUTY CITY ENGINEER
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on 6 , 20, at Seal ach, Ca 'f a.
(Date of Signature)
Director of Public Works
EXHIBIT "A"
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PUBLIC WORKS CONTRACT
Seal Beach Catch Basin Filters, Project No. 50058
• For the following project named Seal Beach Catch Basin Filters Project # 50092
,in the City of Seal Beach.
THIS AGREEMENT, made and entered into this 16th day of August 20002 , by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY,' Party of the First Part,
and
Asbury Environmental Services
hereinafter designated as the "CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE L For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete
in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in
the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all
tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be
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furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings, and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE DL The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the'materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the work of this contract.
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IN WITNESS WHEREOF: The Parties hereto have caused this contract : be executed the day and year
.fast above written.
'CITY OF SEAL : ' A .4i ORNIA
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• Party of the F' Part 011 4 :
ve
BY is i ,
City Manager
T, .
Ci • erk � \ � t '
BY CONTRA ' R -Party of the econd Part
..Sales Mana: e'r
2 N. Alameda St.. , Compton, CA 90222 •
Address
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK: Seal Beach Catch Basin Filters
Indemnitor(s) (list all names):
Project # 50092•
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever ,•including fees of accountants, attorneys,
or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to
arise, directly or indirectly, out of in connection with, resulting from, or related to any act, failure to act,
error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors,
materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract,
agreement, license, or permit (the "Agreement ") -or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
Indenuritor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is
effective without reference to the existence or applicability of any insurance coverage which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
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behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by
• the Indemnitees. In the event there is more than one person or entity named in the Agreement as an
Indemnitor, then all obligations, Liabilities, covenants and conditions under this instrument shall be joint
and several.
" Indemnitor"
q are oh. :arrette _ ' Name:
• 1es.Manaer _ By: -
Its
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AGREEMENT TO COMPLY WTTHCALIFORNIA LABOR REQUIREMENTS
(Labor Code §§ 1720 , 17 73:8,1775 ,1776,1777.5,1813,'1860,1861, 37001
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The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency (`Agency") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 17732 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by kw.
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3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, -as a penalty to the Agency, forfeit not more than fifty dollars (850)
for each calendar day, or portion thereof for each worker paid less than the prevailing rates as determined
by the Director of Industrial Relations for the work or craft in -which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate - payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is- responsible for compliance with Section 1776 by itself and all of
its subcontractors. -
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public worko; projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours_ The Contractor shall, as a penalty to the Agency,
forfeit twenty -five dollars ($25) for each worker employed, in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 •of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows: -
"I am aware of the provisions of Section 3700 of the Labor Code which require . every employer to
be insured against liability for worker's compensation or to undertake self- insuuance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
�4• - %g
Date 'k Q 2— Signs. 4`.'1 ! ■ is
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL, PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I an aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award) :
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage
in the business or act in the capacity of a contractor within this state without having a license therefor,
except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public
Contract Code. .
(b) If a person has been previously convicted of the offense described in this section, the
court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials
and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the
aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be
performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a .bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered aon- responsive and shall
be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency
shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly
licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of
the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a
public entity who knowingly awards a contract or issues a purchase order to a contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall
be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued
to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by ..
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency
during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if
the public employee, officer, or employing agency made an inquiry to the board for the purposes of
verifying the license status of any person or contractor and the board failed to respond to the inquiry within
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three business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient
Public Contract Code § 20103.5: •
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at
the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of
this state. The first payment for work or material under any contract shall not be made unless and until the
Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board
indicate that the contractor was properly licensed at the time the contact was awarded. Any bidder or
contractor not so licensed shall be subject to all Iegal penalties imposed by law, including, but not limited
to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a
statement to that effect in the standard form of pre - qualification questionnaire and financial statement.
Failure of the bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the contract and
shall result in the forfeiture of the security of the bidder.
License no.: 7 313 7
C Expiration date: 01 / 31 / 03
Date 8/16/02
Signature
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Bond No. 3SE07650200 HondPremium $925.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
'WHEREAS tho City of Seal Beach, has awarded
Asbury Environmental Services
_ 2100 R. Alameda St. __
Compton, CA 90222
(Name and address of Cantraotox)
("Principal"), a contract (the "Contract') for the work described as follows:
Seal
Beast' assn Filters. Project No. 50092
Phase II _
WHEREAS, Principal is required under the terns of the Contract to famish a bond for the faithful
performance ofthe Conned.
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NOW THEREFORE, we, the undersigned Principal, and _
American Manufacturers Mutual Insurance Company
7470 H. Fi:ueroa St. 3rd Floor
os An:eles CA 90041 •
(Name and address of Surety)
("Surety ") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
Brusly bound unto the Public Agency in the penal sum of , F_ if ty Four Thousand Three _
Hundred Ninet Seven and 20 100
Dollars ($ , • • ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, admitsistmtars, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, testes, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain .
in fall force and effect.
In case suit is brought upon this bond, Surety farther agrees to pay all court costs and reasonable a cencys' •
fees in an amount faxed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees theca change, extension of time,
alteration, addition or reodifioation to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code H 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a parry hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
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saiet oa the date set forth below, tine name of each eaapa party being hereto affixed and these
presents duly signed by its undersigned ra eutative(s) puzsint tD mnbaaity of its govesa ng body.
Dated; August 12, 2002 ••
Asbury Envirq m n 1 aQryjtes • u .1 In Company
Steve
-:-� - =
�� By: Victoria Voorhees .
B3 President I Attorney -in -Fact .
By By'
its ha
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(Seal) - (Seal)
Note: This bond must be dated, all signatures must be notarized, and •
evidence of the authority of any person signing as attorney in fact must be
attached.
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
�S S c?S..s,C.os' S..oi.0 Af s.. ��.Y,::,..., ..'..a.S, S: '�..,: „.? 3o,,.g. SG <� t,.,..v 5�'sx,. -- SG�C.sa,,, :— c7.t..
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State of California j
ss. sS
County of Los Angeles s�
On August 13, 2002 , before me, Jessica F. Torres, Notary Public ,
Date Name and Title of Officer (e g , "Jane Doe, Notary Public") �)
personally appeared Steve Kerdoon
1 Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
.. evidence
(e
to be the person whose name( is/Org s�
subscribed to the within instrument and
acknowledged to me that he/afg/they executed
JESSICA F TORR6 the same in his7kw /Di authorized k
ie 'ma Commission # 1243 capacity(). ,, and that by his /IN i' Fr ')
1r. ,`; Notary public - Calitomla F signature4on the instrument the persons or )
` r__4., de o 27 y the entity upon behalf of which the person s
acted, executed the instrument.
�e ''
e NESS m•7j' hand - - . offi ' seal.
e
, A ./.i . l .arivtis i p , 4,
Place Notary Seal Above Pr l • nature of Notary Public ?
y
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
y � ; and could prevent fraudulent removal and reattachment of this form to another document. s•
( : Description of Attached Document y
�c Title or Type of Document: Performance Bond
,, Document Date: August 12, 2002 Number of Pages: Two
R. y
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Signer(s) Other Than Named Above: American manufacturers Mutual Insurance Co.
ti
Capacity(ies) Claimed by Signer 5
Signer's Name: Steve Kerdoon RIGHT THUMBPRINT $�
1C OF SIGNER ��
❑ Individual
( e Top of thumb here
C4 Corporate Officer— Title(s): President •
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee s�
❑ Guardian or Conservator s �
, ❑ Other:
Signer Is Representing: Asbury Environmental Services ,
(e ;n
erg ..s,. • -e% ., - - .7L� - "�. - ✓ -- �L°er4 - 6,4wcw. -- rte e rr�e . - ✓L "y "er<'"er `ei - ✓. - er:.rS�:�." r -rb� cri,✓".��2 " - err -rYr -a cw. a�.
0 1999 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 • www nattonalnotary org Prod No 5907 Reorder Call Toll-Free 1- 800. 876-8827
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STATE OF Califomia
1 SS.
COUNTY OF Orange
On August 12, 2002 , before me, Niria Tapia, Notary Public
PERSONALLY APPEARED Victoria Voorhees
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her /their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument. II ' " --_ - e,..,,.,.,,,.
O _ ^ * NIRIA TAPtA 'r
WITNESS my hand and official seal. 3 � � TAR P comm. # 1293351 {
w: ; NOTARY PUBLIC • CALIFORNIA $
�- ORANGE COUNTY h
1 F _ MY Comm_ Exp. Feb. 8. 2005 )
- 4
• Signature t � 1 li - tAc
II This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER Performance Bond
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 2
® ATTORNEY -IN -FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER: August 12, 2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Manufacturers Mutual Insurance Company
Asbury Environmental Services
SIGNER(S) OTHER THAN NAMED ABOVE
ID -1232 (REV 5/01) ALL- PURPOSE ACKNOWLEDGEMENT
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Bond No. 3SE07650200 BondPrenimn Included in charge for
' Performance Bond
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Seal Beach, has awarded to
• Ashur Environmental Services
It A ame.a t.
— Compton, CA 902
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
Seal Beach Catch Basin Filters Project No. 5 9
Phase II
WHEREAS, Principal is.tequired under the terms of the Contract and the California Civil Code to secure
t e payment of claims of labor srs, mechanics, materialmen, and other person as provided by law.
NOW, TRZREFORE, we, the undersigned Principal, and •
American Manufacturers Mutual Insurance Company
ueroa St,, r F oor
os n :e es, CA 90041
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of Fifty Four Thousand Three
Hundred Ninet Seven and 20 100
Dollars (5 • 3 • 0 this amount being not less than fify+percent
(50%) attic total contract price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH TEAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail' to pay any of the
persons named in Section 318I of the California Civil Code, or any amounts due under the Unemployment
Insurance Code with :aspect to wink or labor performed under the Contract, or for any amounts tcquircd to
be deducted, withheld, and paid over to the Employment Development Deparunent from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Iusmance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and
void.
This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court. ,
FURT)SER, the Surety, for value received, hereby stipulates and agrees that no change, extension of titre,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
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Contract or to die work or to the speciIcationa thereunder. Surety hereby waives this provisions of
California Civil Code §g 2845 and 2849. .
IN WITNESS WHEREOF, two (2) identical codataparls of fidadnatiumeng each of which shall for all
purposes be deemed as original hereof have been duly executed by Principal and Surety, on the date ter
• Earth below, the name of each cremate party bens baetn affzed presents duty signed by its
undersigned tepteseatadve(s) pursuant to authority of its governing body.
Dated: August 12, 2002 -
"Principal" ..5,"
Asbury Environmental Services Ameri_n Manu yyers M ual Insurance Company
St eve Kerdoon A "�i
B � - B V.ictoria Voorhees -
1ts President Ita Attorney —in —Fact -
By:
Its Its • -
(Seal) (Seal) • •
Note: This bond must be dated, all signatures must be notarized, and
• evidence of the authority of any person signing as attorney -in -fact must be
attached. .
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss. �
�? County of Los Angeles 'A
e
e
h
On August 13, 2002 , before me, Jessica F. Torres, Notary Public v�
Date Name and Title of Officer (e g , " Jane Doe, Notary Public")
k
p appeared Steve Kerdoon )
�� Name(s) of Signer(s)
PI personally known to me 5
i ❑ proved to me on the basis of satisfactory , )
evidence y
A
( to be the person whose name is/
subscribed to the within instrument and w
Le acknowledged to me that he7 /tl' executed
1 the same in his /pc /l+r authorized
� JESSICA F. TORRES capacity( ;11, and that by his/ aeir
r- Commission # 1243778 m signature on the instrument the person', or
• '?i Notary - California the entity upon behalf of which the person(
e z ` 1 ; Los MgeleS County )
�f ac executed the instrument.
�, „ My Comm.ExQiesNov27,240.i s
,TNESS my hand .- • • off seal. ,)
Place Notary Seal Above 0...._
• ature • • r ry Public Qe
G y
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. y�
�e Description of Attached Document 9
Title or Type of Document' Payment Bond
e Document Date: August 12, 2002 Number of Pages: TWO 9)
, Signer(s) Other Than Named Above:
American Manufacturers Mutual Insurance Co. �
e �
Capacity(ies) Claimed by Signer
ye Signer's Name: Steve Kerdoon ': RIGHT THUMBPRINT
lC El Individual
OF SIGNER
• C Top of thumb here J
MC Corporate Officer — Title(s): President
)
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact . 'A
❑ Trustee
•
❑ Guardian or Conservator
❑ Other:
e Signer Is Representing: Asbury Environmental Services)
e
, � ?':�+: , �, , ,Wrer,nag - ✓�J:"3 24<t -c,,,Ke. ' . `...7.'W `eYL".r� - e7 y `a erc� "eY4'erC - ei - ,74' 7i'ez "rt"e' - "✓ ,7.
O 1999 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotary.org Prod No 5907 Reorder Call Toll -Free 1- 800 - 876-6827
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STATE OF Califomia
SS.
COUNTY OF Orange
On August 12, 2002 , before me, Niria Tapia, Notary Public
PERSONALLY APPEARED Victoria Voorhees
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument. �I NIRIA TAPIA i
WITNESS my hand and official seal. a �� COMM. # 1293351
y 2T NOTARY PUBLIC • CALIFORNIA
T � Tr "1 N
c ��; � ORANGE COUNTY �
1I My Comm _ Exp. Feb 2005 (t
Signature
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER Payment Bond
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 2
❑ ATTORNEY -IN -FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: August 12, 2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Manufacturers Mutual Insurance Company
Asbury Environmental Services
SIGNER(S) OTHER THAN NAMED ABOVE
ID -1232 (REV. 5/01) ALL- PURPOSE ACKNOWLEDGEMENT
w
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company ") do
hereby appoint
Victoria Voorhees , John D. Miller , Teresa I. Jackson and Christine Maestas
of SANTA ANA , CA (EACH)
their true and lawful agent(s) and Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
(his appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Pow er of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago. Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February. 1988
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company. and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall •
continue to he --iid and binding ucan the Company '
F3( 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A.
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In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be
affixed by their authorized officers, this November8, 2001
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
s
1Ir1 M 8 L CCRPOF1I! +, S u ILLINOIS
talc � 61 - I SEAL Cai.Oaa,laN ■
uu ,
♦
4 4, 44 ovig• 4 44 GOO
K. Conway, Corpor Secretary Gary Jly, inior Vice Pre • t
STATE OF ILLINOIS SS
COUNTY OF LAKE SS
I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to
me to be the same persons w hose names are respectively as SeniorVice President and Corporate Secretary of the
Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of
Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged
that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument
as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and
purposes therein set forth.
"OFFICIAL SEAL" J. G17-a e.2.4.•
MARIA 1. MAORI
NOTARY RAM STAIEOFILLINOSS M I. Omori, Notary Public
MY MAMMON a r11ES 9j 17 2003 y
My commission expires 9 -17 -03
CERTIFICATION
1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the
attached Power of Attorney dated November8, 2001 on behalf of the person(s) as listed above is a true and
correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect
on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of
Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance
Company, and the American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens
Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company on this 12th day of August , 20 02.
•M
(iL 'f CCRPaca7 ° uL LL_NOIr
L. �t. I SEFI `
`°ro ate
'"••., ` ° '� Joh K . nway, Corporate cretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to, bind the Company except in the manner and to the extent herein stated.
Home Office Long Grove, IL 60049 ' . v
FK 09 75 (6d. 09 01) Page 2 of 2 ` u Prirrted in U.S.A.
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