All American Asphalt (July 2009) . 111 410
RECORDING REQUESTED BY:
City of Rancho Palos T-rdes
- WHEN RECORDED MAIL TO:
City Clerk 1
Name City of Rancho Palos V:-rdes
Street 30940 Hawthorne Blvd , 07/21/2010
Address
city Rancho Palo Verdes1111111111
Zip
CA q� '� � :,' *201009984
L 90275 73
Space above this line for recorder's use
WOLCOTTS FORMS INC. SINCE 1893
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for complete requirements.)
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 Ranc.hn Pa10S Verdes •
3. The full address oftheowneris 30940 Hawhtorne Blvd_ , Rancho Palos Verdes, CA90275 •
4. The nature of the interest or estate of the owner is:In fee.
(If other than Fee,strike'In fee'and insert,for example."purchaser under contract of purchase'or'Lessee')
5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on June 1 2, 201 0 .The work done was:
Residential Rtreets Overlay and Slurry SealProjcct 08 09 , Mcdlmpr
S. The names of the contractor,if any,for such work of improvement was
All American Asphalt, Inc_
(If no contractor for work of improvement as a whole,insert'None') (Date of Contract)
9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes ,
County of.Los Angeles ,State of CA ,and is described as follows: Various Streets (sPP a t to`4)
•
10. The street address of said property is Varirwts Streets (sen attached doc. for list) •
(It no street address has been officially assigned,insert'none.)
Dated 7/20/2010u(444_ r
(Signature of Owner or corporate officer of Owner named in paragraph 2,or his agent)
VERIFICATION
I,the undersigned,say:I am the Ci t vC l. rk ,the Declarant of the foregoing Notice of Completion;
(Pr sident of,Manager of.Partner of.Owner of,etc.)
I have read said Notice of Completion and know the contents thereof;the same is true to my own knowledge.I declare under penalty of
perjury that the foregoing is true and correct.
9 Executed on 0 ll 20 t _ . _ . . _ _ - _ - CA •
(Personal signature of the individual who is swearing tents of the Notice of Completion are true)
Before you use this form fill in all blanks,and make whatever changes are appropriate and necessary ti quointo your particular transaction.Consult a lawyer if you doubt the form s fitness for your purpose and use. 1!, i
Wolcotts makes no representation or warranty, express or implied,with respect to the merchantability 7 167775 011141112 1✓.,
or fitness of this form for an intended use or purpose. ®2005 WOLCOTTS FORMS,INC. j
FORM 1114 Rev.10-05 �_
DO NOT RECORD THIS PAGE
REQUIREMENTS AS TO NOTICE OF COMPLETION
Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the
work of improvement (to be computed exclusive of the day of completion) as provided in Civil
Code Section 3093.
The "owner" who must file for record a notice of completion of a building or other work of
improvement means the owner (or his successor in interest at the date the notice is filed) on
whose behalf the work was done, though his ownership is less than the fee title. For example,
if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then
B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the
notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for
giving of the notice by only one co-tenant), but the names and addresses of the other co-
owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the
names and addresses of his transferor or transferors.
In paragraphs 3, 5 and 6, the full address called for should include street number, city,
county, and state.
As to paragraphs 7 and 8, this form should be used only where the notice of completion
covers the work of improvement as a whole. If the notice is to be given only of completion of a
particular contract, where the work of improvement is made pursuant to two or more original
contracts, then this form must be modified as follows: (1) Strike the words "A work of
improvement" from paragraph 7 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., "The foundation for the improvements");
(2) Insert the name of the contractor under the particular contract in paragraph 8.
In paragraph 8 of the notice, insert the name of the contractor for the work of improvement
as a whole. No contractor's name need to given if there is no general contractor, e.g. on so-
called "owner-builder jobs."
In paragraph 9, insert the full, legal description, not merely a street address or tax
description. Refer to deed or policy of title insurance. If the space provided for description is
not sufficient, a rider may be attached.
In paragraph 10, show the street address, if any, assigned to the property by any
competent public or governmental authority.
A
This
, top-04,,,.44, , 20100998473
;:!:•;i4 ToOsti:lelFergcLiinty,
California
C*411,00)' 07/21/10 AT 02:43PM
FEES: 0.00
TAXES: 0.00
OTHER: 0.00
PAID: 0.00
11111 111111111111101111011113111111 110 1111
LEADSHEET
11111 11101111 1111 101 1111 1
201007210060076
00002690169
III0 II0 1101 010 III llI 01111111111111 1111
002793000
SEQ:
02
llIIIIIIIEIIAeISISm1I111EIIIY11111Y1111
1110011111011 II IIU ID 1110 III I 11110 I 101111111110111111111110 liii 01110111!
THIS FORM IS NOT TO BE DUPLICATED
• •
Bond No: 08950441
warranty/Maintenance Bond Executed in One(1)Part
KNOW ALL MEN BY THESE PRESENTS,that we
All American Asphalt hereinafter
called Principal,as Principal,and Fidelity and Deposit Company of Maryland
a corporation of the State of Maryland , ,hereinafter called Surety,as Surety,
are held and firmly bound unto
the City of Rancho Palos Verdes,CA.
hereinafter called Obligee in the sum of One Million,Four Hundred Forty Seven Thousand,Nine Hundred Thirty Four&04/100ths
($1,447,934.04)DOLLARS,lawful money of the United States of America,to be paid to the said Obligee,or its successors or assigns,to
the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally,firmly by these presents.
SIGNED,sealed and dated this 26th day of July 2010
WHEREAS,the Principal entered into a contract with the said Obligee,dated July 7, 2009
for
Residential Streets Overlay and Slurry Seal project,Fiscal Year 2008-2009 Area 6 and Some Streets in Area 8
and,
WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said
contract and
WHEREAS,said contract was completed and accepted on the 4th day of May 2010
•
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall remedy,without
cost to the Obligee,any defects which may develop during a period of One(I)Year
from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior
materials or workmanship,then this obligation shall be void:otherwise it shall be and remain in full force and effect.
ATTEST: All American Asphalt
J Q.tom '7. 7Y_, By: ��
go t- )r4td►�J1 Vice Pr lc161 -
Fidelity and Deposit Company of Maryland
/ �4
���/� I �..�✓
By:
Barbara J.Bender Rebecca Haas-Bates ,Attorney-in-Fact
CON80010ZZ0601 f
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
s�: :!.j:�-•j.,.aS..-•:g.:.�.�:jC:?�.�:=i�n��:j.;7:�aa:llsiS,lS;vaL!�Si,c�.�:ji:c�Y7S:jiw;....�S�aC�..S2,:��:3'v-$✓��J'a>��'�.!•aVs��'.�.S;:j>.aS>:=�.J„.�2�:»�: :�.%�
State of California
County of Orange
On 7-26-10 before me, Barbara J. Bender, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas-Bates
Nam(*)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(e) is/are subscribed to the
within instrument and acknowledged to me that
ire/she/they executed the same in.his/her/their authorized
capacity(iee), and that by his/her/theif signature(r}on the
instrument the person*, or the entity upon behalf of
which the person(s)acted, executed the instrument.
BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws
Commission# 1801899 of the State of California that the foregoing paragraph is
Z ;� �0.' Notary Public-California > true and correct
" Orange County
My Comm.Expires Jul 13_2012
` WITNESS t,,i,d an•Afficial -�
Signature 'moi f r /'/ - A/ de s
Place Notary Seal Above Signature o 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: Warranty/Maintenance Bond No. 08950441
Document Date: 7-26-10 Number of Pages: One(1)
Signer(s)Other Than Named Above: All American Asphalt
Capacity(ies)Claimed by Signer(s)
Signer's Name: Rebecca Haas-Bates Signer's Name:
El Individual Li Individual
• Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
• Partner—❑Limited ❑General U Partner—❑ Limited ❑General
RtGtfrTtfUMBPrIR RIGHT THUMBPRINT
E l Attorney in Fact O4 SIGNER ❑Attorney in Fact cc SIGNER
Trustee Top of thumb here ❑Trustee Top of thumb here
• Guardian or Conservator 0 Guardian or Conservator
• Other: 0 Other:
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
rs '�^F*off 4`• • _ _:• Wv^C. v^ .^VCSt. MA r e�k• §G`cE
02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder.Call Tot-Free 1-800-876-6827
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On July 27, 2010 before me, Debbie A. Matsen,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley
Nemec?)of Signer)
who proved to me on the basis of satisfactory evidence to be the
person() whose names) is/ace subscribed to the within instrument
and acknowledged to me that he/shefthey executed the same in
�.� DEBBIE A. MATSEN his/her/their authorized capacity(tee), and that by his/her/their•
(7) Commission# 1775685 signature) on the instrument the person(A1), or the entity upon behalf
Notary Public -California of which the persoe)acted,executed the instrument.
= Riverside County
MYConxn.ExpireSNov22,2011 I certify under PENALTY OF PERJURY under the laws of the State of
�- " " " " ' —' ''—' California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature tajl_ Q.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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 Warranty/Maintenance Bond, City of Rancho Palos Verdes
Document Date: July 26,2010 Number of Pages: 1 Page
Signer(!)Other Than Named Above: Fidelity and Deposit Company of Maryland
Capacity(ies)Claimed by Signer(l)
Signer's Name: Robert Bradley Signer's Name:
❑ Individual ❑ Individual
X Corporate Officer—Title): Vice President ❑Corporate Officer—Title(s):
o Partner—o Limited o General o Partner—o Limited o General
RIGHT THUI.1RPRINT P,IGHT THNI it ER INT
OF SIGNER ❑Attorneyin Fact OF SIGNER
❑Attorney in Fact
Top of thumb here Top of thumb here
❑Trustee o Trustee
o Other: ❑Other:
Signer is Representing:_ Signer is Representing:
All American Asphalt
• •
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 GREGORY E.MURRAY,Assistant
Secretary,in pursuance of authority granted by Article V1, Section 2,of the By-Laws of said .. y,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d. i ereby nominate,
constitute and appoint William SYRKIN,Rebecca HAAS-BATES an ,4•1241 ' : f Irvine,California,
EACH its true and lawful agent and Attorney-in-Fact,to mak- „fill I .e behalf as surety,and
as its act and deed: any and all bonds and undert•. 4 s ' 1D • ecu itr or undertakings in pursuance of
these presents,shall be as binding upon .' I .•drad P3A 1 ents and purposes,as if they had been
duly executed and acknowled_-_ f -' y ele 1" - ompany at its office in Baltimore,Md.,in their
i
own proper persons ' 'tern . 'rn ,a'�,1'�;; i:T. s e• on behalf of William SYRKIN,Rebecca HAAS-BATES,
Sergio D.BECHA'( and ��. ;1 , 'i. ed April 8,2008.
The said Assistant .71 eaik-s • eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- .s . said Company,and is now in force.
IN WITNESS WHEREOF, 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 25th day of
September,A.D.2009.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Dtpos4.
ti 'O.v
'O O
a
life i
By: !"
Gregory E. Murray Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore
On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS,Vice President, and GREGORY E. MURRAY,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.
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 012-0033
Ilk •
•
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 Attorney-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 26TH day of JULY , 2010 .
Assistant Secretary
1 •' fa • •
Bond No: 08950471
Warranty/Maintenance Bond Executed in Two(2)Parts
KNOW ALL MEN BY THESE PRESENTS,that we
All American Asphalt hereinafter
called Principal, as Principal,and Fidelity and Deposit Company of Maryland
a corporation of the State of Maryland , , ,hereinafter called Surety,as Surety,
are held and firmly bound unto
the City of Rancho Palos Verdes,CA.
hereinafter called Obligee in the sum of Two Million,Thirty Six Thousand,Eight Hundred Thirty Nine and 38/100ths
($2,036,639.36)DOLLARS,lawful money of the United States of America,to be paid to the said Obligee,or its successors or assigns,to
the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally,firmly by these presents.
SIGNED,sealed and dated this 26th day of July 2010
WHEREAS,the Principal entered into a contract with the said Obligee,dated September 1,2009
for
Arterial Street Resurfacing Project(2007-2008 and 2008-2009),ESPL-5413(010)-See Reverse Side for Complete
and, Job Description
WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said
contract and
WHEREAS,said contract was completed and accepted on the 30th day of April 2010
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall remedy,without
cost to the Obligee,any defects which may develop during a period of One(1)Year
from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior
materials or workmanship,then this obligation shall be void:otherwise it shall be and remain in full force and effect.
A EST: / / All American ha
Fidelity and Deposit Company of Maryland
#0,
By:
Barbara J.Bender Rebecca Hans-Bates ,Attorney-in-Fact
CON800I0ZZO601 f
JOB DESCRIPTION:
Arterial Street Resurfacing Project (2007-2008 and 2008-2009)Hawthorne Boulevard
from Palos Verdes Drive West to Dupre Drive and from Verde Ridge Road to Indian
Peak Road; Palos Verdes Drive West(northbound) from Hawthorne Boulevard to North
City Limit: Palos Verdes Drive South(eastbound) from Terranea Way to 2,200 feet
west, ESPL-5413(010)
* . •
' >< ' 3 • •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On July 27, 2010 before me, Brenda L. Royster,Notary Public ,
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley
Namee4,1.af.Signer(s)4.-
1
who proved to me on the basis of satisfactory evidence to be the
whose name(s) is/are subscribed to the within instrument
r- person(s)
and acknowledged to me that he/she/they executed the same in
his/h.,�T authorized capacity(ies), and that by his/her/their
aNotaryPublic -California signature(s) on the instrument the person(s), or the entity upon behalf
i(clin
Riverside County� of which the person(s)acted,executed the instrument.
iv1y Comm.Expires Oct 26,2010 vt-
-- ---- - -- I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS m nd and official eal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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 Warranty/Maintenance Bond—City of Rancho Palos Verdes
Document Date: July 26, 2010 Number of Pages: 3
Signer(s)Other Than Named Above: Rebecca Haas-Bates,Attorney-in-Fact, Barbara J. Bender,Notary
Capacity(ies)Claimed by Signer(e)
Signer's Name: Robert Bradley Signer's Name:
o Individual o Individual
x Corporate Officer-Title(s): Vice President o Corporate Officer-Title(s):
❑Partner-o Limited o General o Partner-o Limited❑G= eral
RIGHT THUPABPRINT RIGHT TH Pr IC',PRINT
❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNFR
❑Trustee Top of thumb here ❑Trustee Top of thumb here
o Other: o Other:
Signer is Representing: Signer is Representing:
All American As•halt
• • •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t�-•�t���t at a`a1�:�t�i�C t�i�c..:i:aS;TS;-"
State of California
County of Orange
On 7-26-10 before me, Barbara J. Bender, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas-Bates
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
11e/she/tier executed the same in Ns/her/their authorized
capacity(ies), and that by iiis/her/tt eif signature(s}on the
instrument the person(, or the entity upon behalf of
which the persons}acted, executed the instrument.
BARBARA J. BENDER
>. Commission# 1801899 I certify under PENALTY OF PERJURY under the laws
a f'' Notary Public-California Eof the State of California that the foregoing
D paragraph is
Orange County
true and correct.
My Comm.Expires Jul 12,20_124
WITNESS m ;�. and •ficial
Signature , 4Ii=,��L
Place Notary Seal Above Signature of :.ry 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: Warranty/Maintenance Bond No. 08950471
Document Date: 7-26-10 Number of Pages: One(1)
Signer(s)Other Than Named Above: All American Asphalt
Capacity(ies)Claimed by Signer(s)
Signer's Name: Rebecca Haas-Bates Signer's Name:
O Individual E Individual
Corporate Officer—Title(s): n Corporate Officer—Title(s):
❑ Partner—0 Limited ❑General $ Partner—0 Limited ❑ General
RIGHT PRINT HTeP
RWIT
El Attorney in Fact OF SiGNER ❑Attorney in Fact OFs
J Trustee Top of thumb here _.Trustee Top of thumb here
▪ Guardian or Conservator ❑Guardian or Conservator
• Other: ❑Other:
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
.t✓Sr1 f��'cG^ %G^..C4eC'+-..'.rd�- "E%4.`=y`E=SSE%c 'E%`r:G' C" .ne4S h:"�V..' .C1''tScGE+CS`�%.^r=c £s'F:.f %t,`F=4' .=` " CS•,<t,,C. r
e2007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder.Call Toll-Free 1-800-876-6827
F . 4 !
41
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 GREGORY E.MURRAY,Assistant
Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said .y y,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d. �4 i� ereby nominate,
KI
constitute and appoint William SYRN Rebecca HAAS-BATES an �'�a : 51• �• f Irvine California,
EACH its true and lawful agent and Attorney-in-Fact,to mak- - - s e • - T"., behalf as surety,and
as its act and deed: any and all bonds and undert :1} 'fi'. ;— ecu ••srr s• "'or undertakings in pursuance of
these presents,shall be as binding upon 1a ?�*,��4�1 . d . i •F 1 s ents and purposes,as if they had been
duly executed and acknowled:-, r , ..�y ele �L`.'• • - ompany at its office in Baltimore,Md., in their
own proper persons 'mer �rn ,a r1'�; 1+�. •es on behalf of William SYRKIN,Rebecca HAAS-BATES,
Sergio D.BECHA and . ;1 . ed April 8,2008.
The said Assistant .t.e j -s - eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- . s •''said Company,and is now in force.
IN WITNESS WHEREOF, 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 25th day of
September,A.D.2009.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
•V DEPOs,
'O O
a Mrs ;
W T
ft,/ .%ice
By:
Gregory E. Murray Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore f
On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J.MILLS, Vice President, and GREGORY E. MURRAY, 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.
1!G 1,s cG -
92tgiAt;k, °#
Nell 1110
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 012-0033
• •
y •
�
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 Attorney-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 26TH day of JULY , 2010 .
Assistant Secretary
i S
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
RESIDENTIAL STREETS OVERLAY AND SLURRY SEAL PROJECT
FISCAL YEAR 2008-2009 AREA 6 AND SOME STREETS FROM AREA 8
This Agreement is made and entered this T day of 3 U L' , 200i by and between the
CITY OF RANCHO PALOS VERDES, hereinafter referred to as "City" and All American Asphalt,
hereinafter referred to as "Contractor."
WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated
by this reference;
WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract,
including the Proposal; and
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such
responsibility.
NOW,THEREFORE,the parties hereto do agree as follows:
1. Scope of Services. City hereby employs Contractor to perform the work and provide the services
and materials for the project identified as: Residential Streets Overlay and Slurry Seal
Project Fiscal Year 2008-2009 Area 6 and Some Streets From Area 8, as described in
these Plans and Specifications, attached hereto as Exhibit "A" and incorporated herein by this
reference, including miscellaneous appurtenant work. Such work shall be performed in a good
and workmanlike manner,under the terms as stated herein and in these Plans and Specifications,
and in accordance with the latest edition of the Joint Cooperative Committee, Southern
California Chapters of the American Public Works Association and the Associated General
Contractors of America, document entitled "Standard Specifications." In the event of any
conflict between the terms of this Agreement and any of the above-referenced documents, the
terms of this Agreement shall be controlling.
2. Term of contract. This Agreement shall commence on J(Littr 2w 1 and shall terminate on
r i S 4 2c cs dz . 4 5 w 611 cbtAa6 kb11 wit 55 uav, `n o-i 0-4°
PTV t-ea b1 44,c. C j, W ltii 4t -k.O W-A-.5 i rst
3. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid
according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of
these Plans and Specifications in Exhibit"A"and in accordance with the Special Provisions.
4. Time. Upon receipt of written Notice to Proceed from the City, Contractor shall perform with
due diligence the services requested by the City and agreed on by Contractor. Time is of the
essence in this Agreement.
5. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the conduct
of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is
free to dispose of all portions of its time and activities which it is not obligated to devote to the
City in such a manner and to such persons, firms, or corporations at the Contractor wishes except
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• S
as expressly provided in this Agreement. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants
or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay
all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold
the City harmless from any and all taxes, assessments, penalties, and interest asserted against the
City by reason of the independent contractor relationship created by this Agreement. Contractor
shall fully comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor
to comply with applicable workers' compensation laws. The City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to the
City from Contractor as a result of its failure to promptly pay to the City any reimbursement or
indemnification arising under this Article.
6. Assignment. Neither this Agreement nor any part thereof shall be assigned by Contractor without
the prior written consent of the City. Any such purported assignment without written consent
shall be null and void, and Contractor shall hold harmless, defend and indemnify the City and its
officers, officials, employees, agents and representatives with respect to any claim, demand or
action arising from any unauthorized assignment.
7. Termination. This Agreement may be canceled by City at any time without penalty upon thirty
(30) days' written notice. In the event of termination without fault of Contractor, City shall pay
Contractor for all services rendered prior to date of termination, and such payment shall be in full
satisfaction of all services rendered hereunder.
8. Workers' Compensation Insurance. 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, the 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 workers'
compensation or to under take 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."
9. Prevailing Wages. Contractor acknowledges the provisions of the State Labor Code requiring
every employer to be insured against liability for workers' compensation, or to undertake self-
insurance in accordance with the provisions of that code and certifies compliance with such
provisions. Contractor further acknowledges the provisions of the State Labor Code requiring
every employer to pay at least the minimum prevailing rate of per diem wages for each craft,
classification,or type of workman needed to execute this contract.
10. Contractor's License. Contractor shall at all times during the term of this Agreement carry,
maintain,and keep in full force and effect a Class A License.
11. Incorporation by Reference. All of the following documents are attached hereto and incorporated
herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for City of Rancho Palos Verdes Public Works Contract; Payment Bond
(Labor and Materials); Performance Bond; Workers' Compensation Certificate of Insurance;
Agreement to Comply with California Labor Law Requirements; Indemnification and Hold
Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured
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i i
Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile
Liability); and Additional Insured Endorsement(Excess Liability).
12. Conflicts of Interest. Contractor agrees not to accept any employment or representation during
the term of this Agreement or within twelve (12) months after completion of the work under this
Agreement which is or may likely make Contractor "financially interested" (as provided in
California Government Code Sections 1090 and 87100) in any decisions made by City on any
matter in connection with which Contractor has been retained pursuant to this Agreement.
13. Suit; Recovery of Attorney Fees & Costs. Should either party to this Agreement bring legal
action against the other, the validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California. Venue for any such action
relating to this Agreement shall be in the Los Angeles County Superior Court. Furthermore, if
any legal action or other proceeding, including action for declaratory relief, is brought for the
enforcement of this Agreement or because of an alleged dispute, breach, default or
misrepresentation in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to
which the party may be entitled.
14. Titles. The titles used in this Agreement are for general reference only and are not part of the
Agreement.
15. Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between City and Contractor
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be modified or amended, or provisions or breach may be waived, only by
subsequent written agreement signed by both parties.
16. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of
any matter herein, the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Agreement or who drafted that portion of the Agreement.
17. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by the City of any payment to
Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any
default which may then exist on the part of Contractor, and the making of any such payment by
the City shall in no way impair or prejudice any right or remedy available to the City with regard
to such breach or default.
18. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
19. Notice. Except as otherwise required by law, any notice, request, direction, demand, consent,
waiver, approval or other communication required or permitted to be given hereunder shall not be
effective unless it is given in writing and shall be delivered (a) in person or(b) by certified mail,
postage prepaid, and addressed to the parties at the addresses stated below, or at such other
address as either party may hereafter notify the other in writing as aforementioned:
To City:
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•
Bond No_ 089 50 441
PERFORMANCE BOND EXECUTED IN TWO (2) PARTS
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the CITY OF RANCHO PALOS VERDES
("Public Agency"),has awarded to
ALL AMERICAN ASPHALT
400 EAST SIXTH STREET, CORONA, CA. 92879
(Name and address of Connacwr)
("Principal"), a contract (the "Contract'') for the work described as follows: RESIDENTIAL
STREETS OVERLAY AND SLURRY SEAL PROJECT FISCAL YEAR 2008-2009 AREA
6 AND SOME STREETS FROM AREA 8
WHEREAS, Principal is required under the berms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW,THEREFORE,we,the undersigned Principal,and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
801 NO. BRAND BLVD, GLENDALE, CA. 91203
(Name and oddness ofSurety)
("Surety") a duly admitted surety insurer under the laws of the State of California,as Surety,are
held and fitly bound unto the Public Agency in the penal sum of
NINE HUNDRED NINETY THOUSAND. STX nnwnRTf RTawry qTY AWT ollRn/'00tho
Dars(S 990,686.80 ),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, SuCCeSson, 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 lhll 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
the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the
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• •
provisions of California Civil Code' 2845 and 2849. The City is the principal b nefic1any of this bond
and bas all rights of a party hereto.
IN WITNESS WHEREOF,two (2) identical counterparts of this instrument,each of which shall for all
purposes be donned an original hereof,have been duly executed by Principal and Surety,on the date sct
forth below,the name of each corporate party being hereto weed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
JULY 10th, 2009
"Principal" "Surety"
ALL AMERICAN A$PHALT FIDELITY AND DEPOSIT COMPANY
OF MAR
By: By:
i210 y4-TX tell Vie ' iici ATTORNEY-IN-FACT
By. By: OWEN M. BROWN
Its lActri4 1-uy�r 't.r. -aQ.rq Its
(Seal)
APPROVED AB TO SURETY AND APPROVED AS TO PORK:
PRINCIPAL AMOUNT
RICHARDS,WATSON&GERSHON
A Professional Corporation
By' Public Agency Attorney
Insurance Administrator
Noic: This bond must be exarnted im dept:ate and did •u sigmomres east be notarized and evidence of the ontlioritv of any
person signing as ouomey-injbtet mast be astethed
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R88784001H 148275v3
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE •
On 7-10-09 ._ before me, BARBARA J. BENDER, NOTARY PUBLIC ,
Dane Here Insert Name and TAM at the Mater
personally appeared OWEN M. BROWN
bianse(s)of Signers)
,
BARBARA J. BENDER who proved to me on the basis of satisfactory evidence to
Commission# 1801899 be the person(*) whose name(*) is/ab subscribed to the
n'c '' % � Notary Public-California within instrument and acknowledged to me that
'?! Orange County he/5je ed the same in authorized
My Comm.Ex lues Jul 13,2012 capacity(im),and that by h +re on the
instrument the person(s), or the entity upon behalf of
which the person()acted, executed the instrument
BARBARA*1 BEt�
-;41 -71`_ Cstror�sioii* f90t8ER99 I certify under PENALTY OF PERJURY under the laws
Public-C�lorda of the State of C-lifomia that the foregoing paragraph is
i,-..4--�- tett �
Orange County true and co -
1,.\::-.:'_ •Co Jud 1S`201211
WITNESS ` / d an•�/cial seal /
0,4%df (i/ ii le ,
Signature a ,.ir
SealPlace Nolary Acorn
OPTIONAL
Though the information below is not rem 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 NO. 089 50 441
Document Date:
7-10-09 Number of Pages: TWO (2)
Signer(s)Other Than Named Above:
ALL AMERICAN ASPHALT
Capacity(ies)Claimed by Signer(s)
Signer's Name: OWEN M. BROWN Signer's Name:
D Individual 0 Individual
O Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
O Partner—❑Limited 0 General ___, 0 Partner—❑Limited 0 General rr,__- ,,;.., ;;,,,
XXAttorney in Fact OF s GER 0 Attorney in Fact Top of SIGNER
Top of thumb here 0 Trustee
❑ Trustee
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other: - 0 Other:
Signer Is Representing: — • Signer Is Representing:
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND
c_cw�c.�c. .•--cqac,.-•-2-t�cc::cx•xoc .4:‘,1,..x-c.-c:c::c_:t".tic: c.-vc.:..w"ccxd..,-c•cx-Axcpc-4,-,4..x-4.N.:4c.oma o iieordecc�.er �Ree�eoo676-sez�
®2007 National Notary Ate•9350 De Solo Ave..P.O.Bou 2402•ClraceaortlaCA 91313.2402-
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On July 15, 2009 before me, Debbie A. Matsen,Notary Public
Date Here Insert name and Tdle of the Officer
personally appeared Robert Bradley and Mark Luer
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) ware subscribed to the within instrument
�.:., DEBBIE A. MATSEN and acknowledged to me that . e/etie/they executed the same in
s. Commission # 1775685 def/their authorized capacity(ies), and that by --iic/her/their
li1n Notary Public -California z signature(s) on the instrument the person(s), or the entity upon behalf
Z � Riverside County of which the person(s)acted, executed the instrument.
MyConm.EOesNo222,2011
- —— — — — — -` I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Q. / I ►ate
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person 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, City of Rancho Palos Verdes
Document Date: July 10, 2009 Number of Pages: 2 Pages
Signeres)Other Than Named Above: Owen M. Brown
Capacity(ies)Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name: Mark Luer
❑ Individual ❑ Individual
X Corporate Officer-Title( ): Vice President ,4f Corporate Officer-Title,( ): Secretary
❑
Partner-o Limited o General o Partner-❑ Limited o General
RIGHT THUMBPRINT EIGHT THur iBrpINT
❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
El Trustee Top of thumb here Top of thumb here
❑Trustee
o Other: o Other:
Signer is Representing:_ Signer is Representing:
All American Asphalt All American Asphalt
• •
Bond No. 089 50 441
PAYMENT BOND EXECUTED IN TWO (2) PARTS
(LABOR AND MATERIALS)
KNOW ALL PERSONS[BY THESE PRESENTS that
WHEREAS the CTTY OF AANCHO PALOS VERDES
("Public Agency"), awarded to
ALL ICAN ASPHALT
400 EAT SIXTH STREET, CORONA. CA. 92879
Mame and address ofCnaaaetor)
("Principal"), a contract (the "Contract") for the work described as follows: Residential Streets
Overlay and Slurry peal Project Fiscal Year 2008-2009 Area 6 and Some Streets From
Area 8
WHEREAS,Principal is required
under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmeen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and
FTDJ.TTY AND T)EPOSTT COMPANY UP MARYLAND -
801 NO. BRAND BLVD. 91treNDALE. CA. 91203
(Noce and address((Surely)
("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, arc
held and firmly bound unto the Public Agency in the penal sum of
80/moths
NINE HUNDRED NINETY THOUSAND., SIX HUNDRED r:T(WTy Cllr Alga
Dollars(S 990 686.80 ), this amount being not less than one hundred
percent (100%) of the total contract price, in lawful money of the United States of America, for the
payment of which sem 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 tail 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 pefermed 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 inure 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.
Further, the Surrcty, 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
C-7
R6e764001111482776v3
� r
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.
IN WITNESS WHEREOF, two (2) identical counterparts of this fit, 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 present duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
JULY 10th, 2009
Dated:
"Principal" "Surety"
ALL AMERICAN ASPHALT FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
its Rpt rrbirche/,Vice P , hs ATTORNEY—I - ACT
By, `/ By: OWEN M. BROWN
Its MctrV—\.-utr1 Geereittrq hs
(tel tip
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
PRJNCIPAL AMOUNT
RICHARDS,WATSON&GERSHON
A Professional Corporation
By: By.
Insurance Administrator Public Agency Attorney
Note~: This brand must be emoted to d fdieete and dated,oil stream walla be notarised sod evidence of the authority of a
lly
person siring as astas r-in-filet mills be came/red
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R6876r0001111482150
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Caliliomia
County of ORANGE
-0before me, BARBARA J J. BENDER, NOTARY PUBLIC ,
On 7_10 Da - Here Insert Nemo and Tete el the Mar
personally appeared OWE M. BROWN hsi a psi
who proved to me on the basis of satisfactory evidence to
.o RBARA J.BENDER mission
Commission# 1801899 be e person(*) name(*) is/alo subscribed ththat
the
i V : �, Notary Public-California = within instrument and adcnowledged
ke Orange County theisainlar executed the same in hist
�_ _ _ _ authorized
m Comm.Ex�ires Jul 13,2012E capacity*), and that by h .... - ' sK ur
instrument the person(rj, or the entity upon behalf of
which the person() acted,executed the instrument.
BARBARA J.BENDER
I certify under PENALTY OF PERJURY under the laws
.' �- Commission�113Dt88lIis
r Notary Public-California i of the State of California that the foregoing paragraph
`r" i,./ Orange true and corr
k\:--,,,,y_
__ _ W 2• WITNESS I: d -�;,offici. L/
ove Signature _. ,
Signature. t
Place Notary Seat ab
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 NO. OR9 cn tad
Document Date: 7-10-09_ Number of Pages: TWO. (2)
ALL AMERICAN ASPHALT
Signer(s)Other Than Named Above: •
Capacity(fes)Claimed by Signer(s)
Signer's Name: OWEN M. BROWN Signer's Name:
O Individual 0 Individual
O Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
❑Partner—❑Limited 0 General .,:- �,.=P=c;T
• Partner Limited ❑General �,`.=- ,u.,:=�:,; ^ ,,=s.v:�t
XAttomey in Fact OF S E R 0 Attorney in Fact Top Ot SN—..a here
top d thumb here ❑Trustee
• Trustee
0 Guardian or Conservator
O Guardian or Conservator 0 Other:
• Other.
Signer,Is Representing: Signer Is Representing:
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND _ __
sxx.,?ox;<:�vse...�c:14,A.:c: c^c trwcxti:c:1-4.22 �:-Ax-:c�c. cti x"... 9+3 32402-YA.:Lx4-,„xx.�ucx c: 15907emNabonaltdoteryorg Ilea HeartecC eese.k.WS•cxx
02007 National Notary Aaaooia)on•0300 De Soto Aa e.,P.O.Box 2402•p worth,
•
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On July 15, 2009 before me, Debbie A. Matsen,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley and Mark Luer
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Ware subscribed to the within instrument
DEBBIE A. MATSEN and acknowledged to me that-heislie/they executed the same in
.... ` Commission # 1775685 -We/her/their authorized capacity(ies), and that by -his/her/their
.�i Notary Public-California g signature(s) on the instrument the person(s), or the entity upon behalf
-jJ Riverside County - of which the person(s)acted,executed the instrument.
- ACamrrt Dq�lreet�ov22.�11-C I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (2 j. (,t�(p Q. P)"Y)Q L Gp
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person 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, City of Rancho Palos Verdes
Document Date: July 10, 2009 Number of Pages: 2 Pages
Signer(%)Other Than Named Above: Owen M. Brown
Capacity(ies)Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name: Mark Luer
❑ Individual ❑ Individual
,f Corporate Officer—Title$): Vice President 1 Corporate Officer—Title(s): Secretary
❑ Partner—❑ Limited❑General ❑ Partner—❑ Limited o General
RIGHT THIJ11BPRINT FIGHT THIII IEPRINT
❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
CI Trustee Top of thumb here Top of thumb here
❑Trustee
o Other: ❑Other:
Signer is Representing:_ Signer is Representing:
All American Asphalt All American Asphalt
• •
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 VI,Section 2,of the By-Laws of said Company, ;'are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h,,-k�e• .dens by nominate,constitute
and appoint Owen M.BROWN,of Anaheim,California, its true and , ii otei o a act,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act .: i al 4,i,a
'�" + •kings,and the
execution of such bonds or undertakings in pursuan A : ((�y��:+.�•� e - s,s BI y .� •on said Company,as fully and
amply,to all intents and purposes,as if th• • ► ' •xe •• �4• °—.ged by the regularly elected officers of
the Company at its office in Bal ' + 1 , heir • 41121 ••r,10'1". This power of attorney revokes that issued on
behalf of Owen M. rs tat Ts-+'s ru• +y
The said Assistant c . ••0. ''�'a - that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- j � •any,and is now in force.
IN WITNESS W1' 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.
Al-PEST: 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.
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'''''''''''''
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Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
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 Attorney-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 10th day of JULY 2009
Assistant Secretary
1111 41
Jim Bell,Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To Contractor:
Responsible Person: i ;.L - Vi - r� . : -F-
AH
All American Asphalt
P.O. Box 2229
Corona, CA 92878-2229
A party may change its address by giving written notice to the other party. Thereafter,any notice
or other communication shall be addressed and transmitted to the new address. If sent by mail,
any notice,tender, demand,delivery or other communication shall be deemed effective three(3)
business days after it has been deposited in the United States mail. For purposes of
communicating these time frames,weekends and federal, state,religious,County of Los Angeles
or City holidays shall be excluded.No communication via facsimile or electronic mail shall be
effective to give any such notice or other communication hereunder.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first
above written.
Dated: All American Asphalt("Contractor"):
B
,'oke-rte• ey,Yice 're '.
BY:
NictY t-Irwer Secv 2+u arc/
Dated: 7/ /D9 The City of Rancho Palos Verdes,
A Municipal C.4,oration("City")
BY: `i
AYOR
ATTEST:
eta_ • ��_ /�
CITY CLERK
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• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On July 15, 2009 before me, Debbie A. Matsen,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley and Mark Luer
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) tare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
�;�..��� DEBBIE A. MATSEN his/her/their authorized capacity(ies), and that by his/her/their
� �w Commission# 1775685 signature(s) on the instrument the person(s), or the entity upon behalf
�•s .e
M ^l; Notary Public-California z of which the person(s)acted,executed the instrument.
V7'199 Riverside County
2`°�
"MYCo !piiesN 2011 I certify under PENALTY OF PERJURY under the laws of the State of
-mm " ' " ' "2222.' -� California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature JJ4L11' Q, e-rYlc a.l, )
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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 Contract, City of Rancho Palos Verdes
Document Date: .July 15,2009 Number of Pages: 4 Pages
Signer(s) Other Than Named Above: None.
Capacity(ies)Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name: Mark Luer
❑ Individual ❑ Individual
f Corporate Officer-Title(!): Vice President /Corporate Officer-Title(, j: Secretary
o Partner-o Limited o General o Partner-❑ Limited o General
RIGHT THUMBPRINT RIGHT THL'lPPRINT
❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
❑Trustee Top of thumb here Top of thumb here
o Trustee
o Other: o Other:
Signer is Representing:_ Signer is Representing:
All American Asphalt All American Asphalt
• •
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 workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performan of the
work of this contract."
Date Sul y 15 a drag Signatur- 40% .5•07"---
4,61 SI,Ytet Pr
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•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description:
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 Rancho Palos Verdes 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 attorney's 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
coverages which may have been required under the Agreement or any additional insured endorsements
which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
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 All Arwart y Ash Et Name
By: /. / .✓rte F _ By:
Its Rom'-t broaIN,Yic•P pre" - Its
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