HomeMy WebLinkAboutAGMT - All American Asphalt (Ocean Ave. Street Improvements) • if
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RECORDING REQUESTED BY
Recorded in Official Records, Orange County
Tonn Daly, ClerkRecorder MAIL 1 I II
AND WHEN RECORDED AIL TO I III ► IlllillllliilllllllIIllllllI1 lI llllllllil ► IIII � �I!IIII. , IIIII „ III NO FEE
CITY OF SEAL BEACH
Attn: City Clerk 115 2047040218824 45 N12 1 0141 04104107
211 8 Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Seal Beach, CA 90740
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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 _ _ _ _ _ _ _
— 31 -- 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 is described as substantially completed on January
31, 2007. The work was: Ocean Avenue Street Improvements, Project 50218.
6. The name of the contractor, for such improvement was: All American Asphalt, Inc. The date of the
Contract Award was: August 14, 2006.
7. 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: Ocean Avenue.
Date: 3fz/o
Signature of owner or corpor > , i f s fficer of owner
named in paragraph 2 or hi `. :ent.
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 3 ' 27 , 2007, at Seal Beach, California.
(Date of Signature) ,
-
Y //S
-
Dir ctor of Public Works
• • •
CONTRACTOR TO PRINT COMPANY BOOK II OF III
NAME:
A-(1- /JIEL AsP
itALT CONTRACT DOCUMENTS
DOCUMENTS TO SUBMIT UPON AWARD:
la' PUBLIC WORKS CONTRACT Er ACKNOWLEDGEMENT OF
Pl PERFORMANCE BOND LICENSE LAW
p PAYMENT BOND - WORKMEN'S COMPENSATION
CERTIFICATE
p- IND EMNIFICATION AND HOLD V HARMLESS INSURANCE REQUIREMENTS (3)
l ' LABOR LAW REQUIREMENTS
FOR: f
OCEAN AVENUE STREET IMPROVEMENTS
CITY PROJECT NUMBER: s
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These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the
Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency.
CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740 -6379.
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TABLE OF CONTENTS
CONTRACT DOCUMENTS 1
DOCUMENTS TO SUBMIT UPON AWARD: 1
PUBLIC WORKS CONTRACT 3
PERFORMANCE BOND 5
PAYMENT BOND 7
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION 9
AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS
10
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS 11
INSURANCE REQUIREMENTS 13
WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 15
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL
LIABILITY 16
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 18
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 20
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PUBLIC WORKS CONTRACT
Ocean Avenue Street Improvements, Project Number 50218
For the following project named nreno Dt Peat"` +SoZ 11
,in the City of Seal Beach.
THIS AGREEMENT, made and entered into this day of 20_, by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part,
and I t &ELcA9 -/ J AsPN C,T
hereinafter designated as the "CONTRACTOR," Party of the Second Part.
WITNESSETH: • That the Parties do hereto mutually agree as follows:
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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
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings, and Contract Documents.
ARTICLE H. 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 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 VL 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
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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.
IN WITNESS WHEREOF: The Parties hereto have caused this co . ' t to be executed the day and year
first above written.
CITY OF : EA ( ALIFO
Party of r e First ' • /
BY
City Manager
ATTEST:
ii
Tty lerk
BY
CONTRACTOR - Party of the S
WDet 6 VL�i v � l.C. r
(
Title
P:o. aaa9 - Co2ou CA 9a -=cl
Address
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Bond No. Bond Premium
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
(Name and address of Contractor)
( "Principal "), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is 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
(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
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, 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 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 full force and effect.
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.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
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
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
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CALIFORNIA ALL - PURPOSE ACK WLEDGMENT
State of California
County of Orange ss.
On August 23, 2006 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name()' of Signers'
X personally known to me
-ro od to ^ t_.-ebasis of _
setisfacturrevtdesee—
BRENDA L. ROYSTER to be the person(4) name(4—
!!!! Commission # 1381765 is/ale to the within instrument
z t r 'c, Notary Public - California > and acknowledged to me that he/staertfsey
' Orange County — executed the same in his/eir authorized
4„ My Comm. ExpiresOct26 2006 capacity(160, and that by his/bbr.(th r
signature 4 on the instrument the person (41}-
or, the entity upon behalf of which the person( acted, executed the instrument.
TNESS my hpd and office/ eaI'
Signature of Notary Public
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
Description of Attached Document
Title or Type of Document: Public Works Contract — Seal Beach
Document Date: August 23, 2006 Number of Pages: 2
Signer'' Other Than Named Above: None
Signer's Name:
Individual
XCorporate Officer Title(s): Vice President
Partner- Limited _General
Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other'
Signer is Representing: All American Asphalt
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rights of a party 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
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: 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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Bond No. Bond Premium
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to
(Name and address of Contractor)
( "Principal "), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and
(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
Dollars ($ this amount being not less than fifty percent
(50 %) of 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, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 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 to 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 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.
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FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
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 the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849.
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 Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: 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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INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK:
Indemnitor(s) (list all names):
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.
Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall berconstrued 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
lndemnitees. 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
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"
"mod — — Name: - -071 4 -40-
c �..4.
By� I • _ � 1111 k By: — 77 - 10*11 - 5 TOSCA
Its VICE ! a,�l ► Its 5tr,, / u.lw
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW
REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 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 full 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 ($50)
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 ($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 - 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 rikettri023 3edo Signature
l?.0 -T 7 a B\l CE RS!CBU(
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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 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 & 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 lieensure.
f
(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
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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 § 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.: 4 cP6 0 1 013 Class: A, C -r a Expiration date: 1 ' � J 1 'O7
Date ?9Q;> Signa
r • T- 1n ►
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INSURANCE REQUIREMENTS
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and
effect a policy or policies of comprehensive general liability insurance in which the City, along with its
City Council and each member thereof and every officer, official, agent, attorney, employee or volunteer
of the City, is the named insured or is named as an additional insured with the Contractor in accordance
with the General Provisions. The insurance company issuing such policy(ies) must be acceptable to, and
approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One
Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or
property loss or damage which may arise from or relate directly or indirectly to the acts, operations or
omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents,
officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance
shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or
agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms
included in Book II.
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Page Intentionally Left Blank
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WORKER'S COMPENSATION CERTIFICATE OF INSURANCE
WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insureds and that the same are in force at this time.
1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL
BEACH, CA 90740 -6379.
2. The insureds under such policy or policies are:
3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insureds, as follows:
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability,
unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the
CITY OF SEAL BEACH.
By:
Its Authorized Representative
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ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL
LIABILITY
•
Name and address of named insured ( "Named Insured "):
Name and address of Insurance Company ( "Company "):
OFFICIAL TITLE OF PROJECT:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of, Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds ") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third -party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govem the validity,
construction, interpretation, and enforcement of this contract of insurance.
16
• •
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street, 2 Floor
Seal Beach CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
❑ Contractual Liability ❑ Explosion Hazard
❑ Owners/Landlords /Tenants ❑ Collapse Hazard
❑ Manufacturers /Contractors ❑ Underground Property Damage
❑ Products/Completed Operations ❑ Pollution Liability
❑ Broad Form Property Damage ❑ Liquor Liability
❑ Extended Bodily Injury ❑
❑ Broad Form Comprehensive ❑
❑ General Liability Endorsement
12. A ❑ deductible or ❑ self - insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check
one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 A.M. and forms a part
of Policy Number
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
Phone No.: ( ) .
17
1
• •
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
Name and address of named insured ( "Named Insured "):
Name and address of Insurance Company ( "Company "):
OFFFICAL TITLE OF PROJECT:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds ") under the
Policy in relation to those activities described generally above with regard to operations performed by or on behalf
of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments
under the Policy.
1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no
other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance
coverages provided by the Policy.
2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim
is made or suit is brought except with respect to the limits of the Company's Liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under
the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in
the same manner as if separate policies had been issued to each insured. Nothing contained in this provision
shall operate to increase or replicate the Company's limits of liability as provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and
exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written
• agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,
reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to
Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective
date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially
drafted will continue in full force and effect until compliance with this notice requirement.
6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils
insured against in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive
negligence by the Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,
interpretation, and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street, 2n Floor
Seal Beach CA 90740
7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to
waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is
attached.
18
•
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/ TO
LIABILITY
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to
the above coverages. Includes:
O Any Automobiles 0 Truckers Coverage
O All Owned Automobiles 0 Motor Carrier Act
O Non -owned Automobiles 0 Bus Regulatory Reform Act
O Hired Automobiles 0 Public Livery Coverage
O Scheduled Automobiles 0
0 Garage Coverage 0
11. A 0 deductible or 0 self-insured retention (check one) of $ applies to all
coverage(s) except:
(if none, so state). The deductible is applicable 0 per claim or 0 per occurrence (check one).
12. This is an ❑ occurrence or 0 claims made policy (check one).
13. This endorsement is effective on at 12:01 A.M. and forms a part of Policy
Number
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
•
Phone No.: ( )
19
1 •
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY
Name and address of named insured ( "Named Insured "):
Name and address of Insurance Company ( "Company"):
OFFICIAL TITLE OF PROJECT:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers
are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds ")
under the Policy in relation to those activities described generally above with regard to operations performed by or
on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the
insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall covered as third -party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this
provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnifica -tion and/or hold harmless provision(s) contained in or executed in conjunction with the written
agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written
notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the
effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially
drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the
perils insured against in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by
the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
•
20
• • y `
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street, 2 ° Floor
Seal Beach CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO
LIABILITY
❑ Following Form '
❑ Umbrella Liability
❑
10. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
AMOUNT
11. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
12. A ❑ deductible or ❑ self - insured retention (check one) of $
applies to all coverage(s) except: (if none,
so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 A.M. and forms a part of
Policy Number
I, (print name), hereby declare under
penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this
endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
•
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
Phone No.: ( )
21
• M
EXECUTED IN THREE (3) PARTS
Bond No. 088 53 215 goad premiumm$8, 636.00
•
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
• ALL AMERICAN ASPHALT
400 EAST SIXTH ST CORONA, CA. 92879 •
(Name and address of Contractor)
("principal"), a contract (the "Contact") for the woke described as follows:
OCEAN AVE.NTW STRRRT rmPRn p..MRNTe,
TJTY PRQ Wy.CT Nn Sf1 — ------
WHEREAS, Principal k required under the terms of the Contract to thrnish a bond for the fafthfitl
performance of the Contract.
NOW, THEREF ORE, we, the undersigned Prindpal, and
801 NO. RRANI) RT.V1), f:T.RN,IAT.R, CA 9
•
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
& m1y bound unto Wylie Agency in the penal sum of - - -
TWO MILLION, THIRTY' TWO THOUSAND, THIRTY TWO AND NO /100ths
Dollars (g 2,032,032,00 _ ), this amount being not less than the total
contract price, in Iawful 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 CONDTTTON OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
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 tmdertakings, terms, 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 full force and effect.
. In case suit is brought upon this bond, Surety Rather agrees to pay all court costs and reasonable attorneys'
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 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 In the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
•
5
• •
• THREE (3)
rights of a party hereto. IN WITNESS WHEREOF,RMV) identical counterparts of this instrument, each
of which shall fbr all purposes be deemed an original hers►$ have been duly executed by Principal and
Surety, on the date set forth below, t a name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated: AUGUST 22, 2006
"Principal" "Surety"
ALL AMERICAN ASPHALT FIDELITY ��% si "Or". MARYLAND
By -.0' By'
ts .. T • — DELT Its 't' — ` —FA T
OWEN M. BROWN
(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 AC • WLEDGMENT
•
State of California
County of Orange ss.
On August 23, 2006 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
Name(s) of Signer(s)
X personally known to me
provo . mo en tho basi9
BRENDA L. ROYSTER -setisfactory-erderce
41,A �Commission # 1381765 z
z Notary Public - California z
a to be the persons) whose names)
,r Orange County re subscribed to the within instrument My Comm. ExpiresOct z 26 2006 and acknowledged to me thatTlpi,ke /they
executed the same in Wm/their authorized
capacity(ies), and that byr /their
signature(s) on the instrument the person(s)
or, the entity upon behalf of which the person(s)
acted, executed the instrument.
W NESS myh a �•.a 1offs 1 se
Signature of Notary Public
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
Description of Attached Document
Title or Type of Document: Performance Bond
Document Date: August 22, 2006 Number of Pages: 3
SignerarrOther Than Named Above: Owen M. Brown
Signer's Name:
_Individual
XCorporate Officer Title(s): Vice President and Sec./Treasurer
Partner- Limited _General
Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
• •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
.7.7 4,7,o27, — -.:etc lE.,,ii :j,_ ti. '=1 , - ,+',... .a.3,. =•': '... • el ...4.i L ..S!+1.y .! :+L -- t_=\3•::31 .4(.. ...iii. �•:•..c.v'y'
'1
`,4 State of Califomia
SS.
. County of ORANGE P
.
' On 8 before me, BARBARA J J. BENDER e.
S Data Name and Title of Officer (e.g., 'Jane Doe, Notary Public')
personally appeared OWEN M. BROWN , R
Name(s) of Signer(s)
'Z iic personally known to me
1 ti narAIXIIDDEEMENKNOOKM p•
BARBARA J. BENDER
i
Commission # 1494946 • a � Notary Public - California _
r to be the person( whose name(a) isles '\
subscribed to the within instrument and
:,:— —�— _ acknowledged to me that he ► executed }
a My Comm. Expires Jul 13, 2008
Ie: _ _ the same in his /ilr3iir authorized
%< capacity(10), and that by hiss'
signature( on the instrument the person(#), or a
'cti .. the e upon behalf of which the person(a)
BARBARA J. act =. -- ecuteltje instrument.
1 41 .. k `._ Commission # 1494946,
' 4 S myf,f nd and .
; L '� f ��
ib - My Comm. atter= .11d13.2 he.tel Le J 1•-__. h. i/i_ke:.4 ,,1
. natws of N. .10 0 0, 4 7 rT
OPTIONAL
f Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;9%
f fraudulent removal and reattachment of this form to another document. t
Description of Attached Document
w
Title or Type of Document: PERFORMANCE BOND N0, 088 53 215
Document Date: 8�- 22'06 Number of Pages: TWO (2) ?'
` Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT
,.; t
y Capacity(ies) Claimed by Signer
Signer's Name: OWEN M. BROWN RIGHT THUMBPRINT
11
G OF SIGNER f'
■ ❑ Individual Top of thumb here j,
G ❑ Corporate Officer — Title(s): .1
r ❑ Partner — ❑ Limited ❑ General ss
Attomey -in -Fact
❑ Trustee s
1 ❑ Guardian or Conservator J
r ❑ Other: `
is
Signer Is Representing: FTT)RT.TTV AND DEPnSIT CnMPkuY ,9
OF MARYLAND .7:
.c y�
.rTc�.ew- 4. r .4.74 1 te?z-a: :.? ..;' 'e a?r ,r'r -.y '%r7''':r c7ti. ? '.r e7l " e: e'i, < .;�:ys _.. g . .a' • . 1 'F
0 1999 National Notary Asacaatton • 9350 De Sob Ave., P.O Box 2402 • Chatsworth. CA 91313.2402 • www.naewwlnotary org 'Prod No. 5907 Reorder. Call Toll-Free 14004766827
• •
. EXECUTED IN THREE (3) PARTS
Bond No. 088 53 215 vimp charge for this bond
included in charge for Performance Bond.
PAYMENT BOND
• (LABOR AND MATERIALS)
KNOW ALL PERSONS BY TEESE PRESENTS that •
WHEREAS the City of Seal Beach, has awarded to
A T 12elltIC AFL AS T
(Name and address of Contractor)
•
("PrincipaP'), a contract (the "Contract") for the work described as follows:
OCEAN A'VRNTTR FMPAtpyRNtRNTS;
5 0 9
WHEREAS, Principal is required under the teams of the Contract and the California Civil Code to same
the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and
k'IDELITY AND DEPOSIT COMPANY OF MAR'YT.ANT)
801 N0. BRAND BLVD, cT,RNDAT,E, (.A: g1903
•
(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
TWO MILLION, THIRTY TWO THOUSAND, THIRTY TWO AND N0/ 10 (Yths
Dollars (g 2 , 0.32 , 032 .OQ this amotmt being not than fifty percent
(50%) of the total contract price, in lawful money of the United States of Amelia, 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 TBIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, b&
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment
Insurance Coda 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 to Section 13020 of the Unemployment Insurance
Code, with respect to wort or labor performed under ,the Contr act, 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. Suety further ads 10 pay rdutrt shots and =wattle at CST
fees in an amount fixed by the covet.
FURTHER, the Surety, for value received, hereby stipulates and agrees that uo change, extension of time,
alteration, addition or modification to the germs 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 modilcation to the terms of the
•
7
• •
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845E849. )
IN WITNESS WHEREOF, WM) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Prim and Surety, on the date set
forth below, the name of each corporates party being hereto affixed and these presents duly signed by its
undersigned representafive(S) pursuant to authority ails goveminehody.
Date& AUGUST 22, 2006
"Surety" •
ALL AMERICAN ASPHALT FIDELITY AND DEP• '!�p 'S' •
BY: / s n / �` ' V (09.3 - Its ATTORN Y - =FACT
By Its • " � �, ., - p ��,,pp By OWEN M._ BROWN
Its ?6,4031W6 6,4031W6 % 1 E( Its
•
(Seal)— (Seel)
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.
•
•
•
s
CALIFORNIA ALL - PURPOSE ACIWLEDGMENT
State of California
County of Orange ss.
On August 23, 2006 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
Name(s) of Signer(s)
X personally known to me
r ,„ ... ,
BRENDA L. ROYSTER i � Commission # 1381765 K to be the person(s) whose name(s)
fl Orange County s/are subscribed to the within instrument
Notary Pubc - California a and acknowledged to me that /they
, ar executed the same in Fir /their authorized
�
My Comm. Expires Oct 26, 2006 _ capacdy(ies), and that by �eEritheir
' .:. a cs. "" ""' a r signature(s) on the instrument the person(s)
or, the entity upon behalf of which the person(s)
acted, executed the instrument
WI ESS my hand nd officia 6 � - al, j
e / / aibr� ' At
Signature of Notary Public /
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
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date: August 22, 2006 Number of Pages: 4
Signer Other Than Named Above: Owen M. Brown
Signer's Name:
Individual
)(Corporate Officer Title(s): Vice President and Sec./Treasurer
Partner- _Limited _General
Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
• •
CALIFORNIA ALL - PURPOSE ACKNOWLEOGL1 EPI'Q
C , I V.S< f ti: :t,,.0- __>>c 31 •'ads.: i :c- '1a:..1- .„,C:,Y:-.1. ..„,..e..,,�. " +i•,".5, -- .5''S,' w -iviii A: lei.,, {_i <w_ .... ;e:i.. <•r �&: -. ti+ Ys.. ,-,;..-v�.ia.. ;
o
State of Califomia .
ss.
' County of ORANGE
S
ti
fi
In I
8 -22 -06 BARBARA J. BENDER 4.
1 On before me, ,
: r,} Date Name and Title of Officer (e g ,'Jane Doe, Notary Public")
r personally appeared O WEN M. BROWN tt
Name(s) of Slgner(s) F,
i
, apersonali known to me r "
ti.
.4 XIXOURIUMEEDEXIEMECEMEECXXKX r'
0" . B ARBARA J. BENDER
' S • Commission # 1494946 ∎
0 . to b the person(*) whose name.) leer
z, `. '" Notary Public ' California _ subscribed to the within instrument and r .,'
! `z" r► Orange County ack to me that he j- executed g
My Comm. Explres Jul 13.2 the same in his /lam authorized
,' capacity(+%s), and that by hiss ,
(, signature(*) on the instrument the person(R), or
– . - – – — - the entity upon behalf of which the person(
5 � ,�im BARBARA J• B act = • - xecuted the instrument.
Commission # 1494946
i - -,,
i !i _ Public - California g
((t. f i Notary Courtly ' � SS /1� /and : nd o i �eal. C. i .: MyCoanen. Opt= Jul 13. ` �� • ,/` .I� � / . %� L t
Signature of 7T
+? i
�r - OPTIONAL P ' ,
• Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent sJ
fraudulent removal and reattachment of this form to another document. j
4
Description of Attached Document
y a:
Title or Type of Document: PAYMENT BOND NO. 088 53 215
8-22-06 TWO (2) "
• Document Date: Number of Pages:
4 Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT
1
s, 7'.
� ` Capacity(ies) Claimed by Signer „,
C
Signer's Name: OWEN M. BROWN
g RIGHT THUMBPRINT !•
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Signer Is Representing: FTnRT.TTV AND DEPOSIT CnMPANY
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0 1999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313.2402 • www.nationabwtaryag Prod No. 5907 Reorder. Call Toll-Free 1.900-876 -6927
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, . f are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date e aCt by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and a ' Rtt �r +i o - act, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act • ., :1tA : , jZ �;^ takings, and the
execution of such bonds or undertakings in pursuan `. icy : � s �r; ii y , , _ • on said Company, as fully and
amply, to all intents and purposes, as if 4 ' .�1 xe - 4 ir :1 PV ged by the regularly elected officers of
the Company at its office in Ba ;r,. E`+ i eir s •s + y. . - w. I's power of attorney revokes that issued on
behalf of Owen M. IBNeet . t7. �. .•� . ;
The said Assistant th - r oA tolt e •f" t..t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- i, • - «any, and is now in force.
IN WITNESS 7 ' OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December, A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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By:
Eric D. Barnes Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore f
On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Ito 48 f,
0-00-774-a
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA -F 012 -4160
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 22nd day of August , 2006
C.J
Assistant Secretary
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