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HomeMy WebLinkAboutAGMT - Tyner Paving Company (SBB Bike Lane) 01/02/21)03 17:40 FAX 7148342675 ORANGE-COUNTY-CLERK a002/002 .0 • �1 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder RECORDING REQUESTED BY: CITY OF SEAL BEACH NII111116111 11111111111111111111R 11111111111111111111111NO FEE CITY CLERK 2003000814259 02:42pm 07123/03 • 211 8th Street 213 109 R28 3 P Seal Beach, CA__90740 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AND WHEN RECORDED MAIL TO: CITY OF SEAL BEACH ATTN: CITY CLERK 211 —8th Street Seal Beach, CA 90740 RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103. THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NUMBER 5143 - rks Syr 111°41) I la I, THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 94141 (Additional recording lee applies) '0• 059-TITLE PAGE(P.7/95) JAN-02-2003 17:13 7148342675 88% P.02 • �!' RESOLUTION NO. 6 /7/3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50025 THE CONSTRUCTION OF SEAL BEACH BOULEVARD BIKE LANE AND STORM DRAIN PROJECT, SOUTH OF WESTMINSTER AVENUE ENTERED INTO BETWEEN TYNER PAVING CO. WHEREAS, on January 13, 2003, the City of Seal Beach entered into a contract with Tyner Paving Co.; and WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER 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$185,610.00. Section 3. That the work is herby 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 Mart by the City Cou ell o ithe City of Seal Beach at a meeting thereof held on the ! day of � , 2003. / / AYES: Councilmembei. ,= / /r, NOES: Councilmembers ABSENT: Councilmembers • )6cl:el) A. Aiista Mayor A'I E I': 4.4..4.24° ( Cit CI STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Cali prn' do hereby certify that the foregoing resolution is an original copy of Resolution Number a/ on file in the Office of the City Clerk, passed, approves dopted by the' ity . ouncil of the City of Seal Beach at a meeting thereof held on the / 09:4)( day of L,/_ / , 2003. Cirlerk • • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8'" 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 June L 2003.The work was: Seal Beach Boulevard Bike Lane and Storm Drain Project, South of Westminster, Project No. 50025. 6. The name of the contractor, if any, for such of improvement was: Tyner Paving Company. 7. The date of the Contract was: January 13,2003 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 Boulevard Bike Lane and Storm Drain Project. South of Westminster,Project No. 50025. Date: 7- 110-° Signature f 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 erjury the foregoing is true and correct. Executed on /0 ,20 Di Seal Beach, ..'omia (Da e of Signature) ' vector of Public Works EXHIBIT "A" •— • p �6C c�7t . PUBLIC WORKS CONTRACT Seal Beach Blvd Bike Lane and Storm Drain Project Project No. 50025 For the following project named Seal Beach Blvd Bike Ln & Storm Dram n Tmprvmnt. ,in the City of Seal Beach. THIS AGREEMENT, made and entered into this 19 day of Tanitary 200 9 , by and between the City of Seal Beach, California hereinafter referred to as the "CITY." Party of the First Part, and I,MT Enterprises Inc., dbe Tyner Paving Company hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. 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 famished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE 11. 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 III. 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 teens and conditions herein contained and refen to for the price aforesaid, and hereby contracts to pay the same, at the time, in the mariner 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 \Vage 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 anv conflict between the terns 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 terns 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. 3 r 6 • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL B • ' . CALIFO Party of 0 BY `/ 4 City er ( -S\ TEST: / f � ' Paving �� •any y Clerk i ILA BY ILA 44( / CONTRACTO' - 'a of the Second Part Craig Thomas ire- esident rte 2005 San Fernando Road Address Los Angeles, CA 90065 4 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AM) CONTRIBUTION Seal Beach Blvd Bike Lane & TITLE OF PROJECT OR WORK:Storm Drain Improvement Indemnitor(s) (list all names): Craig Thomas,': 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 Indennitee's right to recover under this indemnity provision. Indemnitor 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 panics 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 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' Name Craig Thomas Name: By: President B_v: Its Its 9 • • CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT r-cr--.c&-<>a --a,.-._- - `-cYJ.c9c' a_-..o.•V..- : rc'S.rsc'-.-. - .cf_a•9,...a.: - vs -.:k..- ,4'ca?, U. 8 State of California ' Los Angeles } ss. i County of ` ' 2003 Wendy Moore, Notary Public On January 30, 003 before me, Y Y , Dale Craig Thomas Name and tale of Officer le.g.,Dane Doe.Nmary Public") personally appeared 51 I�.3 Hornets)of Slgnegs) }}},,, li >1 personally known to me 4 r: ID proved to me on the basis of satisfactory P�h evidence ,x, 21 *�h: to be the person%) whose name(ti) is/ar. . 5 r' subscribed to the within instrument and gacknowledged to me that he/slTelthrey executed i h the same in his/Mc-tithe,' authorized NI g capacity(•irds), and that by his/her/thoir i �' signature(*) on the instrument the person(a), or the entity upon behalf of which the person @) �h �� WENDY MOORS acted, executed the instrument. Ag 11 Commission a 1360552 x iii ;,:;, Notary Public-California ; WITNE S my aand and official sea y`51 `r hf Los Angebs County :'4; hh My Comm.Eicirea Jun 14,2006 1: d �✓ w � '•'� �lure of Notary Pudic I OPTIONAL hh' �hS 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, ahS� g' Description of Attached Document aS,4 Title or Type of Document: g��h Document Date: Number of Pages: S r 1 ircg Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: RIGHTTNGMBPRINT ?I OF SIGNER gU Individual rap of[numb here g ❑ Corporate Officer—Title(s): g II Partner--1 Limited E I General h�� gr; Attorney-in-Fact :n5�� „ ❑ Trustee :Th cA: Guardian or Conservator •h r' ❑ Other L' 2;1 Signer Is Representing: „rccc.-w(,c 4zc,<,c C.`C.(.`ccc(i�`'`C` ,`�C.CT,, ,:e.C.nC2:>CC.`c:.<,c i>'c,i,crjc,K <TC:(`-Qj„KK{SEC:•Ci:.'Ck',cc- `G`r`_..(.`t7C::'cZi c'fCX,_-'<^'L`.W;),_, c:999 Na,wnal Notary Association•9350 De Solo Ave..P.O.Box 2402•Chatsworth.CA 91 31 3.24 02•w w.na,ionalnofary org Prod.No.5907 Reoraer:Call Toll-Free 1.800.876-6827 ak- • AGREEMENT TO COMPLY WITIICALIFORAIA LABOR LAW REQUIREMENTS )Labor Code§§ 1720, 1773.8, 1775, 1776, 1 777.5, 1813, 1860, 1861,3700] 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 lull herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 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 (550) 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 works 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 (525) 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, Pan 7. Chapter L 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: °1 am aware of the provisions of Section 3700 of the Labor Code which require even:employer to he insured against liability for worker'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... Date 01-28-03 Signature A • A Craig T omas — President 10 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business K Professions Code § 7028.15] [Public Contract Code § 20103.5] 1. the undersigned, certify that I am 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 R.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 (S4,500), 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 non-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 three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code i 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 contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal 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.: 676195 Class: A C12 HIC Ex,Lr.tio date: 0 8—3 1—0 3 Date 01-28-03 Signature A. if Craig Thomas — President 12 • EXECUTED IN TRIPLICATE Bond No, 3SM 049 865 00 .__.,__ _Bond Premium 51,856_00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESF,N'TS that: WHEREAS the City of Scat Beach,has awarded LMT ENTERPRISES DBA: TYNER PAVING COMPANY, 2005 SAN FERNANDO ROAD, 1.0$ ANGELES. CA 90065. (Name and address of Contractor) ("Principal"),a contract(the"Contract') for the work described as follows: SEAL BEACH BLVD. BIKE LANE AND STORM DRAIN, PROJECT NO. 50025 WHEREAS, Principal it required under the terms of the Contract to furnish a bond for the faithful . performance of the Contract. NOW,THEREFORE,we the undersigned Principal,and__ .—.- AMERICAN MOTORISTS INSURANCE COMPANY 7470 N. FIGUEROA STREET, LOS ANGELES. CA 90041 (Name and address of Surely) -----_— ('Surety') a duly admitted surety insurer under the lawn of the Sate of California. as Surety,are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED EIGHTY FIVE_ . THOUSAND SIX HUNDRED TEN AND NQl1Q0 Dollars (S 185 610.00 ), 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, hat or its heirs, executors, administrators: successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made ai therein provided, on the Principal's pan to he kept and Performed, all within the time and in the manner therein specified,and in all respects according to their tr2c Intern and meaning, and shell indemnify and hold harmless the Public Agency. its officers, agents, and others es therein provided,then this obligation shall become null end void;otherwise, it shall be and remain in full force and effect, In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonahlc attorneys' fees in an amount fused by the court. FURTHER,the Surety, for value received, hereby stipulates and agrees that no chance.extension of time, alteration,addition or modification to the Iertnt of the Contract or of the work to ha 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. Surery hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has ail rights of a party hereto, IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shalt for all purposes'be deemed an original hereof, have been duly eKecuted by Principal end 5 I • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •-x• .e<>;cr.G'("•cY:re`.cryf Lcse.c9.e-c4?r±sl'.ca7ec••-.-.;: - •w• - 'C'LZ^.c`_stcrc4S:_cstce,GS>-erc��:c�s3cYR;r State of California Los Angeles ss. County of J 2;! On January 30, 2003 before me, Wendy Moore, Notary Public , Date Craig Thomas Name and role of Officer 5.,vans Doe,Notary Public-I *' personally appeared r y,? Ig Name(s)of Signegs) }}}3�,,, Il�h >c personally known to me ti ti 8 h❑ proved to me on the basis of satisfactory eg vidence i 5 to be the person(%) whose name(ti) is/aco. ,I subscribed to the within instrument and L' h h acknowledged to me that he/s14e4they executed 1 dj the same in his/kert444aic authorized capacity(4eg), and that by his/her,tthor g signature(*) on the instrument the person(a), or K� A A A A in a a a a Q !A the entity upon behalf of which the person(a) >,,' ,. 11 a.� WENDY MOORE ♦- -, acted, executed the instrument. h ,���, commission 81360552 • r i 'ii Notary Public-California i �f Los Angeles County W I T N E I S my h nd an offi ial seal.. I ` My Comm.EaplreaJun14,2008 � ) •\ C! Sign tt e of Notary Pointe `—� I , A OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 'I fraudulent removal and reattachment of this form to another document. Description of Attached Document ? g r: Title or Type of Document: 1 YDocument Date: Number of Pages: Signer(s) Other Than Named Above: Li Capacity(ies) Claimed by Signer , ki! ,! '! Signer's Name: flIW THUMBPRINT OF SIGNER .��'h• ❑ Individual Top of l,uMb here F: ❑ Corporate Officer—Title(s): ry El Partner—=1 Limited C General rF: Er Attorney-in-Fact y3, 0 Trustee :h',i� El Guardian or Conservator 'h F ❑ Other •5 r; Signer Is Representing: `c,Ct7cc,'�tici>' e T' 'i '� 'v`ic '�tC � cccii' �tcii`Ci>' ` iCi` ,ciri' '�CC.c` Cici'rc[>a'>,i ®1999 National Notary Assoaatron•9350 De Solo Ave..P 0.Box 2402•Cnalswoeq CA 91313-2402•wam natonalnntary o,5 P,00 No.5907 Reome[Call Toll-Free 1-900-9766827 • • Surety, on the date set forth below, the name of tach corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: JANUARY 29, 2003 .Principe" "Surety" LMT ENTERPRISES D:A AMERICAN MOTORISTS INSURANCE COMPANY TYNE WAVING CO r • 1 MARGARETA T. THORSEN, By I � f ATTORNEY—IN—FACT Its y Ics -. (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. • 6 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California i 1 ss. a County of LOS- ANGELES I it On JANUARY 29, 2003 , before me, EMILY PRECIADO, NOTARY PUBLIC L Date Name and flue of Officer(e.g.,'Jane Doe,'Notary Public') C i personally appeared MARGARETA T. THORSEN Z Name(s)of Signer(s) - fA personally known to me e ❑ proved to me on the basis of satisfactory A ie evidence Q li to be the person(s) whose name(s) is/are v, I oaavPRECwna subscribed to the within instrument and ? ! 1° . Commission 01381551 acknowledged to me that he/she/they executed e the same in his/her/their authorized ss '■ Notary Public—Califomla € 1 4 � l�r"� LosAngeleBCourlgr � capacity(ies), and that by his/her/their • ;e44", MyComm.&pima Jun 2O,2005. . signature(s) on the instrument the person(s), or p the entity upon behalf of which the person(s) A acted, executed the instrument. i A • it WITNESS my hand and official seal. S Q 8 ^ / l a 1/4 alO<.tPrlr - ¢ Place Notary Seal Above Signature of Notary ry Public ti 1 g OPTIONAL --- - itt eThough the information below is not required by law, it may prove valuable to persons relying on the document '?�I and could prevent fraudulent removal and reattachment of this form to another document. 7.: a Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT k OF SIGNER ❑ Individual S Too of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ICI Attorney in Fact g pA ❑ Trustee ❑ Guardian or Conservator gx D. Other: S c Signer Is Representing: r C'-.•-Lv_A. -'C�.J=4C:;-.•«,".>--.. "t-c,�:C,c� .-�'!'.cc:.c, �:'-..-.- -t• S-._. .? ':-r^�..L��'___'.�" t�:'-`c)C:;a,. 5,-:'.�•_ ©1999 Navonal Notary Association•9750 De Solo Ave..NO.Box 2402•Chatsworth.CA 91313-2402•w•.w.nationalnotary.org Prop.No.5907 Reorder:Call Toll-Free I.900-876-682: • • EXECUTE* TRIPLICATE Bond No. 3SM 049 865 00 Bond Prtmiurtt INCLUDED IN PERF. BOND PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to LMT ENTERPRISES DBA: TYNER PAVING COMPANY 2005 SAN FERNANDO ROAD, LOS ANGELES CA 90065 (Name and address of Contractor) (-Principal-1,a contract(the"Contract')for the work described as follows: SEAL BEACH BLVD. BIKE LANE AND STORM DRAIN, PROJECT NO. 50025 WHEREAS, Principal is required under the terms of the Contract and-the California Civil Code to secure the payment of claims of laborers,mechanics,natcrialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal.and_ AMERICAN MOTORISTS INSURANCE COMPANY _ 7470 N. FIGUEROA STREET, LOS ANGELES, CA 90041 ^— (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the Stale of California,as Surety.are held and futnly bound unto the Public Agency in the penal sum of ONE HUNDRED EIGHT FIVE THOUSAND SIX HUNDRED TEN.-.AND NO/100 Dollars(S 185,610.00 this amount being not lass than fifty percent (53 @/,)of the total contract price,in lawful money of the United States of America, for the payment of • which mum 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, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3l8( of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant no Section 13020 of the Unemployment Insurance 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 became null and • void. This bond than 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 wit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorney. fees in an amount fixed by the court FURTHER,the Surety, For value received, hereby stipulates and agrees that no change.extension of time. alteration,addition or modification to the team of the Contract, or of the work to be performed thereunder, or the specific-ado= for the same,shall in any way affect its obligations under this band,and it does hereby waive notice of any such&tinge,ecctension of time.alteration.addition,or modification to the terms of the 7 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .cr,_s2 ,c cc-.r..cra,..g..� _,.-.-.- _- . `.4rescr&s fcess''•cc> c :c 1 I ce- _ • .'r• iga g State of California g Los Angeles ss. County of } g 15 • on January 30, 2003 before me, Wendy Moore, Notary Public ZR Dane Name and Tele of ouicer le g..-Jane Doe.Notary Pubic') Craig Thomas 5I I , personally appeared I8 Name(s)of Signer(S) Fe ,cI personally known to me F ❑ proved to me on the basis of satisfactory y,� g evidence 'hhs' r 1, to be the person%) whose name(tf) is/arm g. , subscribed to the within instrument and .5 acknowledged to me that he/sae'they executed the same in his/laehtne)e authorized Ig capacity(4s), and that by his/hea4iieir signature(*) on the instrument the person(a), or the entity upon behalf of which the persons) { :�• WENDY MOORS acted, executed the instrument. ??,,i C' ti'��. Commisalon 01360552 }�„ z 3 ,S $ %� ,_;.. Notary publle-California ; WIT[N�E$$$S my h nd an official seal. Z�; 111 ' ' omm.EOebsJun14, [[ I I II, official (N1�/y� IA/ is MYComm.EZires Jun 1 at>-at p lV^ l vim`?`4 H r �'v ... .. w u .r +.v w v®®®® Sig wre or Notary Pubic J hg y1, 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. tc?1 Description of Attached Document C,� g g: r! Title or Type of Document: � Id Document Date: Number of Pages: .hi� Signer(s) Other Than Named Above: yy'h P z Capacity(ies) Claimed by Signer 'r; Signer's Name: ., -1 HT THUMBPRINT J> OF SIGNER kx, 0 Individual Top of nemo here P ❑ Corporate Officer—Title(s): ��' 0 Partner— Limited ❑ General 3 P, 0❑ Attorney-in-Fact �8 h ❑ Trustee �5 0 Guardian or Conservator T ,h' ❑ Other: •5 Signer Is Representing �� Tc:cilCi,cc<.'C(,ccicctic:i`C(ici; ;C., C.`C(fC2.yCt,TVcveiicZSC:ii` �4Ci;�('>Cii`CCJC.c:`cC- ,C-`u=ii`CC> `C<.cC(i`c(.�C,'�GSCGCt,:'Ci:'���i Cr 1999 Naional Notary Association•9350 On Soto Ave.. PO Box 2402•Chatsworth.CA 91313-2402•www..nat,onalnofary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 • • Contract or to the work or to the s,ccif cadent thereunder. Surety hereby waivet the provisions of California Civil.Codc.§d 2845 and 2849. IN WITNESS WHEREOF, two (2) Identical counterpane of the Instrurnent, each of AUL shall for eh purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set Icrth below, the name of each corpora party being hereto sated and those presents duly signed by its undersigned represcntativc(s)pursuant to authority of its governing body. Dated: JANUARY 29, 2003 "Principal" "Surety" • LMT ENTERPRISES DBA: • AMERICAN MOTORISTS INSURANCE COMPANY TYNER PAVING COM'L 9y' - //// • .MARL RETA . THORSEN, By. �� l� 1 � BY: ATTORNEY-IN-FACT —_ Its lta • (Sea]) (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. • • • 8 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California d 55. it County of LOS ANGELES e On JANUARY 29, 2003 , before me, EMILY PRECIADO, NOTARY PUBLIC { Date Name and Title of Officer(e.g..'Jane Doe.Notary Public') Q it personally appeared MARGARETA T. THORSEN it Name(s)of Signer(s) i2I personally known to me ❑ proved to me on the basis of satisfactory evidence it 91 to be the person(s) whose name(s) is/are A subscribed to the within instrument and ' EMILY PRECIADO acknowledged to me that he/she/they executed y :'j1 _ Commission81361551 the same in his/her/their authorized e � 31% Notary Public—Califomla g capacity(ies), and that by his/her/their '< Los Angeles County�' ! % signature(s) on the instrument the person(s), or P- er9y Comm.Spites Jun mv the entity upon behalf of which the person(s) I d acted, executed the instrument. . WITNESS my ha and official seal. it STYR V Place Notary Seal Above Signature of Notary Public Q OPTIONAL C Though the information below is not required by law, it may prove valuable to persons relying on the document '2y i and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: It Document Date: Number of Pages: i e Signer(s) Other Than Named Above: Z • • Capacity(ies) Claimed by Signer i Signer's Name: RIGHT THUMBPRINT i • OF SIGNER ❑ Individual filp Top of thumb here ❑ Corporate Officer—Title(s): �' ❑ Partner—0 Limited ❑ General 1 pi Ni Attorney in Fact g ❑ Trustee -x, ❑ Guardian or Conservator e.; ❑ Other: O Signer Is Representing: • � Q 5 1999 National Notary Association•9350 De Soto Ave.PO.Boo 2402•Chatsworth.CA 91313.2402•www nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1.600-976662: • • • 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 Marshall Rose and Margareta T. Thorsen of SIERRA MADRE , 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. This 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 Power 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 be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. • • • • In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this August 6, 2002. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company b ry cg , ECPIOFAiF °. <M!LAOIS CCBIOxi4 3 _ch,5f\L` o E g • awl ,YeV \„4 or co.t • oh-1 K. Conway, Corpor e Secretary - Gary 71y, inior Vice Pres' 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 whose names are respectively as Senior Vice 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" tvlQ arn n MARIA I.OMORI - NOTARY Puma,STATE Or ILLINOIS NW COMMISSION WIRES 9/17/2003 Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, 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 August 6, 2002 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 29th day of JANUARY , 20 03 . • �y,ww Cy� `,Mur.rn4� Nul'vWy • 2 P 1 ELI IIMn 9 = Eaev"FUE a Ax v CZ X"x r"R LH 0 An0 IJYN W ° SEAL E\_e 1 \„,UwO ea `n9 V% `angROI John onway, 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 FK 09 75 (Ed. 09 01) Page 2 of 2 - - • Printed in U.S.A. ACORD DATE (MM /DD/YY) TM. CERTIFICA41 OF LIABILITY INSURA JAN 2903 PRODUCER THIS CERTIFICATE SSUED AS A MATTER OF INFORMATION M W R INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 51 E. HUNTINGTON DRIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ARCADIA CA 91006 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 626- 294 -1009 FAX: 626 - 445 -4521 INSURERS AFFORDING COVERAGE NAIC # Agency Lic #: OB93657 INSURED INSURER A: GREENWICH INSURANCE COMPANY LMT ENTERPRISES, INC. INSURER B: DBA TYNER PAVING COMPANY 2005 SAN FERNANDO RD. INSURER C. LOS ANGELES CA 90065 -1235 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM /DD/YY) GENERAL LIABILITY GEC000889401 MAR 30 02 MAR 30 03 EACH OCCURRENCE I$ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1$ 300,000 PREMISEE(Ea occurence) CLAIMS MADE X OCCUR MED. EXP (Any One Person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG. $ 2,000,000 POLICY I 1 PRO IFCT I I I AUTOMOBILE LIABILITY AEC000889301 MAR 30 02 MAR 30 03 COMBINED SINGLE LIMIT $ 1,000,000 I X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1$ ANY AUTO OTHER THAN EA ACC I $ AUTO ONLY: AGG I$ I EXCESS / UMBERELLA LIABILITY UEC000890701 MAR 30 02 MAR 30 03 I EACH OCCURRENCE I$ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 Al $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 1 WC STATU I OTHER EMPLOYERS' LIABILITY TORY LIMITS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MAMBER EXCLUDED? E.L. DISEASE - EMPLOYEE $ dyes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $ OTHER: DESCRIPTION OF OPERATIONS /LOCATIONNEHICLES /EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS RE: SEAL BEACH BLVD. BIKE LANE AND STORM DRAIN PROJECT. CITY OF SEAL BEACH IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS. ** *SEE SPECIAL CITY FORM ATTACHED * ** CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF SEAL BEACH PUBLIC WORKS DEPARTMENT 211 8TH STREET nut 13 SEAL BEACH, CA. 90740 Attention: � ;, ACORD 25 (2001/08) Certificate # 16647 0692232