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All American Asphalt (Feb 2014) RECORDING REQUESTED BY. City of Rancho Palos Verdes WHEN RECORDED MAIL TO. rr� t Clerk -106/04/2015 Naht� y City of Rancho Palos Verdes Atddress 30940 Hawthorne Blvd. sCi tore Rancho Palos Verdes *20150658810* Zip 90275 t- J 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 Rancho Palos Verdes • 3. The full address ofthe owneris 30940 Hawthorne Blvd. , Rancho Palos Verdes, CA 90275 4. The nature of the interest or estate of the owner is: In fee. (II other than Fee.slnke 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 January 22, 2015 . The work done was: PVDE Arterial Roads Rehabilitation Project 8. The names of the contractor,if any,for such work of improvement was All American Asphalt None)(If no contractor for work of improvement as a whole.inser2/1411,of Contra.) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of Los AngP1 Ps ,State of ('PA_,and is described as follows: pales erries Dri me Past Between Conestoga Drive and Vista Del Mar 10. The street address of said property is pp�T��pp (If no street address hatbXMh`dtfioally assigned,insert-none") Dated i9 (3(cr- (Signature of Owner or corporate officer of Owner named in paragraph 2,or his agent) City of Rancho Palos Verdes VERIFICATION I,the undersigned,say: I am the City Clerk _,the Declarant of the foregoing Notice of Completion; (President of,Manager 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. Executed on ?.-t 4c�- 3 a) /3 ,20 1 . a - _ • i w jd4 7 --. CA ._ ��f� heti (Personal signature of the individual who is swearing that the tents of the Notice of Conpletion are true) Before you use this form fill in all blanks, and make whatever chanes are appropriate and necessary 11111 to your particular transaction .Consult a lawyer if you doubt the forms fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability 7 67775 01114 2 or fitness of this form for an intended use or purpose. 02005 WOLCOTTS FORMS,INC. FORM 1114 Rev.10-05 AThis page is part of your document-DO NOT DISCARD ows.4.v 20150658810 4. Recorded/Filed in official Records IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIAIII °�_ G ' Recorders Ofg:ilio`ronTaAn"les Cow*, 06,04/15a. 0301oM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 hUll II IIID I VIII II II I II I III I VIII II IlI III IIIIA ifi IIII I SII LEADSHEET hl I UI III II 1111111 Ifl hIH IIhI VII UI IH IIU hll UH I IIA 201506043350018 00010666901 UI0 II IIHII II I0 liii liii 1111 0II I lI SEQ: 01 UIII liii OIIUIU 0I I0II ill H I Ii HIM Iii liii IH II 01101111 HH Ml I III - IIliIIIIIOIIIIIAIIIIIII1111 • • Bond No: 7639487 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 City of Rancho Palos Verdes hereinafter called Obligee in the sum of Two Million Seven Hundred Sixty Eight Thousand and 00/100-$2,768,000.00 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 21st day of January 2015 , WHEREAS,the Principal entered into a contract with the said Obligee,dated February 18, 2014 for Arterial Roads Rehabilitation Project No.002912,Palos Verdes Drive East From Vista Del Mar to the Northerly City Limits 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 TBD day of TBD TBD • 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. ATTEST: All American Asphalt By. �°YS l Ouse c. (Ate ket. 5 S ewer* al Fidelity and Deposit Company of Maryland —.110,1111!billk By: l 9 dQ.eLIJ B/3. R. Paramo, Notary Public Rebecca Haas-Bates ,Attorney-in-Fact CON80010ZZ0601 f • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truthfulness.accuracy.or validity of that document. State of California County of Riverside On January 22, 2015 before me, B. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Name({}ef Signer4— who proved to me on the basis of satisfactory evidence to be the B.ROYSTER person(s) whose name(s) is/are subscribed to the within instrument �- and acknowledged to me that he/she/they executed the same in r Commission#2083832 his/her-/tbeir authorized capacity(ies), and that by his/her/their Z„ Notary Public-California signature(s) on the instrument the person(s), or the entityupon behalf z �x % Riverside County P ( n P Comm.Ex fres Oct 26 2018 of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my ha and off' 'al seal. g Si nature Place Notary Seal Above Signature o otary 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: January 21, 2015 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact, R. Paramo, Notary Public Capacity(ies)Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: o Individual o Individual x Corporate Officer—Title(s): Secretary o Corporate Officer—Title(s): o Partner ❑ o Limited o General ❑ Partner❑ o Limited o Genera RIGHT THUMBPRINT RIGHT THI IMBPRINT o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here o Trustee o Other:_ o Other: Signer is Representing: Signer s Representing: All American As•halt • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 01/21/2015 before me, R.Paramo,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name( of Signer's, who proved to me on the basis of satisfactory evidence to be the person(* whose name(§)• is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(il's),and that by his(her/their signature .on the instrument the person(*), or the entity upon behalf of which the person(s),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. iCommsem, R.PARAMO WI 1° SS my h. • and o f ial seal. ail ,..,,..) sn#2035890 , Notary Public -California zlb\ Z v,.. Orange County > 1 I_ __ _ _ MM Comm.Expires Aug 5,2017 c Sig �� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Warranty/Maintenance Bond Title or Type of Document: Bond No.7639487 Document Date: 01/21/2015 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: D Corporate Officer — Title(s): D Corporate Officer — Title(s): D Partner — D Limited D General D Partner — D Limited D General D Individual [Q'Attorney in Fact D Individual D Attorney in Fact D Trustee 0 Guardian or Conservator 0 Trustee D Guardian or Conservator D Other: El Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint William SYRKIN,Rebecca HAAS-BATES,Sergio D.BECHARA and Richard ADAIR,all of Irvine, California, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January,A.D.2013. ATTEST: • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND M^ BSAL • ! e'1 in1 ' lIM s :_t 121 Or icx-",( /-)/ 40-(4)--- -----ff 6 f, w ricaf BY Assistant Secretary Vice President Eric D.Barnes Thomas 0.McClellan State of Maryland City of Baltimore On this 15th day of January,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS 0. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. `s`s.•61.!`'')x''', J`!.: w17.s'�. Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 012-0033D • EXTRACT FROM BY-LAWS OF THE COMPANIES • "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V,Section 8,of the By-Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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 TESTIM Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thi0/24-day of ,2015. Gamy w.mss. -t S m ... Ito (EAL 44;01 441:e. Geoffrey Delisio,Vice President I * • • Bond No: 7639487 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 City of Rancho Palos Verdes hereinafter called Obligee in the sum of Two Million Seven Hundred Sixty Eight Thousand and 00/100-$2,768,000.00 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 21st day of January 2015 WHEREAS,the Principal entered into a contract with the said Obligee,dated February 18,2014 for Arterial Roads Rehabilitation Project No.002912, Palos Verdes Drive East From Vista Del Mar to the Northerly City Limits 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 TBD day of TBD TBD • 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. ATTES All American Asphalt By: $. �ee�S � ►�oT>A-R� u 8L1-C� � `` Fidelity and Deposit Company of Maryland R. Paramo, Notary Public Rebecca Haas-Bates ,Attorney-in-Fact CON 800I OZZ0601 f • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truthfulness_accuracy_or validity of that document. State of California County of Riverside On January 22, 2015 before me, B. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Michael Farkas Nameof Signer f who proved to me on the basis of satisfactory evidence to be the B.ROYSTER person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 1: ilr Commission*2083832 his! er/their authorized capacity(ies), and that by his/her-/their '� Notary Public California- signature(s) on the instrument the person(s), or the entityupon behalf % Riverside County 6. P O, P Comm. res Oct 26 2018 of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my h and lcial seal. Signature Place Notary Seal Above Signatur f 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: January 21, 2015 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact, R. Paramo, Notary Public Capacity(les)Claimed by Signer(s) Signer's Name: Michael Farkas Signer's Name: o Individual o Individual X Corporate Officer—Title(s): Secretary o Corporate Officer—Title(s): o Partner ❑ o Limited o General ❑ Partner❑ ❑ Limited o • eral RIGHT THUMBPRINT HIGH i THI JrIBFRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On 01/21/2015 before me, R.Paramo,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(of Signer(s). who proved to me on the basis of satisfactory evidence to be the persons} whose name4 is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les),and that by hislher/their signature4on the instrument the person* or the entity upon behalf of which the person(s),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R PAfIU is true - . correct. 40110i, Commission*2035890 ' - •• •• office- seal. Mc NotaryPublic-California4116. z ;z� f My C Orange County -- - ---•Comm. areres A75`2014 Sign- - — is Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Warranty/Maintenance Bond Title or Type of Document: Bond No.7639487 Document Date: 01/21/2015 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — 0 Limited ❑General El Partner — ❑Limited El General ❑Individual Q Attorney in Fact El Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator ❑Trustee ❑Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland • 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • • - ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS 0. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint William SYRKIN,Rebecca HAAS-BATES,Sergio D.BECHARA and Richard ADAIR,all of Irvine, California, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND snwo O"t'S, �a.r t rs 44 ¢� 1i�, ...''',".6.1.1.•p 416 ,rN GS A4 SEAL 1 ` �, MN/ a i tZl+ of 4 . lga 6 /0 x-A X-), 4L A 4*- -g 4, wrida, Assistant Secretary Vice President Eric D.Barnes Thomas 0.McClellan State of Maryland City of Baltimore On this 15th day of January,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS 0. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,,'o.,fll,l,,'/y', Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 012-0033D • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V,Section 8,of the By-Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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 TESTIMO Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thisca�St-day ,2016—. 'wp OLIpj, os s Y Z% (111411).... i AL "" ma .. 4. 11.4e:(;r Geoffrey Delisio,Vice President CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this 18th day of February, 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and All American Asphalt("Contractor"). Contractor's license number is 267073. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Arterial Roads Rehabilitation Project No. 002912, Palos Verdes Dr East from Vista Del Mar to the Northerly City Limits ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, the Technical Provisions, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are on file at the Department of Public Works and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for underwritten work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. C-1 { • • 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Million Seven Sixty Eight Thousand dollars ($2,768,000) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "A" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent(50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. C-2 f y • • e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit "A." 10. Audit. The City, Los Angeles County Metropolitan Transportation Authority ("Metro"), the County of Los Angeles, the State Auditor of California, the State of California, the Comptroller General of the United States, the United States government, or any of their respective agencies or duly authorized representatives shall have access to all books, documents, papers, and records and other written materials used by Contractor or its subcontractors that are pertinent to or related to the Agreement, such that the aforementioned entities or their representatives may audit, examine, copy, and transcribe all or a portion of the aforementioned written materials. Contractor shall inform its subcontractors of the aforementioned access. Contractor will promptly furnish these written materials if requested by any of the aforementioned entities or their representatives, and Contractor will require the same of its subcontractors. Contractor shall retain all such written materials for a period of three (3) years after final payment under this Agreement and all other pending matters are closed, and Contractor shall require the same of all of its subcontractors. Furthermore, Contractor shall maintain books, records, and other documents pertinent to or related to its work under the Agreement in accordance with generally accepted accounting principles and practices, and Contractor shall require the same of all of its subcontractors. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 12. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination as determined by the City, and such payment shall be in full satisfaction of all services rendered hereunder. 13. Indemnity. a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, C-3 • employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. c. Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 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. e. Waiver of Right of Subrogation. Contractor, 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 arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. f. Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that 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 a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. C-4 0 • 14. 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 the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. Additionally, if the project requires trenching of five (5) feet or more in depth, Contractor shall submit for the City's acceptance a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. 17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 18. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 19. 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 C-5 r • 0 corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, 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 compensation 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 Section. 20. Davis-Bacon Act, Copeland Anti-Kickback Act, and Prevailing Wages. Contractor acknowledges that this is a federally assisted construction contract and that federal labor standards provisions will be enforced. Contractor will comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), both of which are incorporated herein by this reference. Contractor will also comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), both of which are incorporated herein by this reference. Contractor understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will prevail. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 21. Workers' Compensation. 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." 22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. 23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. C-6 r • 0 24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. Contractor shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." Contractor shall not perform work with a subcontractor who has been debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." 25. Contract Work Hours and Safety Standards Act. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC §§ 327- 330), as supplemented by Department of Labor Regulations contained in 29 C.F.R. Part 5. All of these statutory provisions are incorporated herein by this reference. Contractor shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than forty (40) hours in that workweek, except as provided in the Contract Work Hours and Safety Standards Act. When a violation occurs, Contractor is liable to the affected employee for the employee's unpaid wages and to the City for liquidated damages equal to ten dollars ($10) for each calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required by this chapter.Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 26. Clean Air Act and Energy Efficiency. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15), and mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). 27. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 28. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 29. 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 Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. C-7 • S 30. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 31. Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by Contractor pursuant to this Agreement ("Written Products") shall be and remain the property of the City without restriction or limitation upon its use, duplication or dissemination by the City. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Contractor shall not obtain or attempt to obtain copyright protection as to any Written Products. Contractor hereby assigns to the City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the City pursuant to the paragraph directly above this one. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the City has full legal title to and the right to reproduce the Written Products. Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the Contractor shall deliver to the City all Written Products and other deliverables related to the Project without additional cost or expense to the City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to the City. 32. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the C-8 r 1 • • City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, 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 or relating to any unauthorized assignment. 33.Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 34. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35.Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 36. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 37. 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. 38. 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. 39. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Mr. Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 C-9 • • To CONTRACTOR: The address listed in Exhibit "A." 40. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 41. 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. 42. Proposition A, Proposition C, Measure R, and STP-L Funds. Contractor ensures all of the following: a. All Proposition A and Proposition C funds will be used for public transit purposes as defined in Metro's Local Return Program Guidelines and that the Project will meet the legal requirements of the Proposition A and C Ordinances and Metro's Local Return Program Guidelines criteria; b. All Measure R funds will be used only for public transportation purpose as defined in Los Angeles County's Metropolitan Transportation Authority's Measure R Local Return Guidelines; and that the Project will meet the legal requirements of the Measure R Ordinance and the Los Angeles County's Metropolitan Transportation Authority's Measure R Local Return Guidelines; c. All Surface Transportation Program — Local ("STP-L") funds will only be used as permitted by 23 U.S.C. section 133; and d. Contractor will follow all other grant fund requirements, including those requirements of Metro, the County of Los Angeles, the State of California or the federal government to obtain the aforementioned grants. 43. Executive Order 11246. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). 44. Drug-Free Workplace Certification. The Drug-Free Workplace Certification is attached hereto and incorporated herein by this reference. Contractor shall sign this Certification under penalty of perjury, require its subcontractors to sign this Certification under penalty of perjury, and submit all of the signed copies of this Certification to the City immediately. 45. Child Support Compliance Acknowledgment. The Child Support Compliance Acknowledgment is attached hereto and incorporated herein by this reference. Contractor shall sign this Acknowledgment, require its subcontractors to sign this Acknowledgment, and submit all of the signed copies of this Acknowledgment to the City immediately. C-10 1 • • IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO P A LOS VERDES By: 1E.A i-‘ b ay-or ATTEST:42 t. APPRO I. AS TO FORM: By: By: City Clerk City Attorney Dated: /'it c).2/ °24/% 74a_010-1-64M1 /1 ("CONTRACTOR") By: i • Aialiii`� Printed Name: b' %difi .ii[_,1 Title: I ea.( By: 11111111 - Printed Name: kti Title: SengeMeAl C-11 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) 9 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument : .., BRENDA L. ROYSTER and acknowledged to me that he/she/they executed the same in Commission# 1908379his/heF/their authorized capacity(ies), and that by his/her/their a=.=.s 4€� . Notary Public -California z signature(s) on the instrument the person(s), or the entity upon behalf z y� � D Riverside County of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS m and and offici seal. 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 Agreement —City of Rancho Palos Verdes Document Date: February 18, 2014 Number of Pages: 11 Signer(s)Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas ❑ Individual o Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary o Partner❑ ❑ Limited❑General ❑ Partner 0 ❑ Limited ❑General RIGHT THUMBPRINT RIGHT THUf.1BPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt . 1 .. • • Ir PROPOSAL CITY OF RANCHO PALOS VERDES ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST, FROM VISTA DEL MAR TO THE NORTHERLY CITY LIMITS FISCAL YEAR 2011-2012 PROJECT NO. 002912 TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore,bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY COUNCIL of the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do,except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: (-! The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety t Record. Accompanying this proposal is �_L ' •Lb (Insert "S cash," "Eeslrier's C ieelr."-"cega€ecd-el3eek," o "Bid Bond as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate big price tereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act Ilroviding for the registration of cont .ctors, California Contractor's License No. 2.(4 7 1 i , Class Ri xpiration Date / -Ni —/ L � Signature(s)of bidder: ,. � � Imo- ..-- •—�,�.. If an individual, so state. a i or . •a - hip, state the firm -na an•- giNe t t- ,i - • individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the s � corporate seal are required for corporations. It ki �1• C' ' c D • goitet ear 5e ,447 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of_ Riverside On January 22. 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Tr.le of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Stgner(a) who proved to me on the basis of satisfactory evidence to be the __ person(s) whose name(s) is/are subscribed to the within instrument BRENDA L.ROYS7ER and acknowledged to me that he/slaeRhey executed the same in -� Commission# 1906379 [ his/kw/their authorized capacity(ies), and that by taic1berRheir '= 1,1-= z signature(s)on the instrument the person(s),or the entity upon behalf ��y!�1� Notary Public-California z Z ;, �:,r► Riverside County 3-1 of which the person(s)acted,executed the instrument. Comm.Expires O..cta 2�r v6,201 I certify under PENALTY OF PERJURY under the laws of the State of I r ,►it T T v r California that the forgoing paragraph is true and correct. WITNESS my and and official seal. x/ Signature C.Ga=l� ,. 4 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 Proposal —City of Rancho Palos Verdes Document Date: January 22, 2014 Number of Pages: 1 Signer(s)Other Than Named Above: None Capaclty(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas ❑Individual ❑ Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary o Partner—❑Limited o General o Partner—❑Limited o General R Gr THUGaaFRINI PI ,HT T- o ❑Attorney in Fact OF SIGNER ❑Attorney in Fact Or SIGNER o Trustee Top of thumb here Top of thumb here ❑Trustee o Other: a Other: Signer is Representing: Signer is Representing: All American As.halt All American As.halt y w,. a-y.Q.L,ws �+a t�-_ -- r Y k C.: , - u •..:zMYz<s ¢ - 't' :,.€ r� k .,l �•a-.a}F � Ss� -j..,� r.� �`� s_:.;�'�' Fv�`�s.x*:`:��> �,'.�±,,��.<..,rs�', �+�� _ . ..T ' r r ; Au �,/ rLe�_al Business Nance: ,. __._._1_f!" Address: ?)04. of Z ZZ e, - anit.t,uilieviiiw —NA ciiA 0 Telephone: 951 ---) 3C0 -`7600 -- — i Contact:_ _ � 12411 Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 1 of Division 3 of the Business& Professional Code will be rejected. To be submitted with each bid to contract for City of Rancho Palos, ARTERIAL ROADS REHABILITATION PROJECT No. 002912, PALOS VERDES DRIVE EAST. FROM VISTA DEL MAR TO THE NORTHERLY CITY LIMITS j Bid Date -am . 12,, 201 4 This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. r, 0 L L . i i.! I Li • 4:. ii 'f Li P-2 • BIDDER: SGC AttaltwAsatikie--- BID SCHEDULE INCLUDES ALL WORK TO BE DONE ON ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST, FROM PALOS VERDES DR SOUTH TO THE CITY LIMITS FISCAL YEAR 2011-2012 PROJECT NO. 002912 IN THE CITY OF RANCHO PALOS VERDES � BID SHEET �P�Q NAME OF COMPANY: ,4/ ) +P i T��/c To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as Arterial Roads Rehabilitation Project No.002912,Palos Verdes Dr E from Palos Verdes Dr South to the Northerly City Limits in accordance with the specifications and plans in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: BID SCHEDULE 1-STREET IMPROVEMENTS ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT AMOUNT MOBILIZATION(Not to exceed 5%of Total 1 Construction Cost)1 CONSTRUCTION 1 LS $�� $g r,G� 2 ! MONUM NTATTIONURVEYAND 1 LS $ ��^�,, $ � 3.` 3 TRAFFIC CONTROL 1 LS 1 $12.000- $ j(i p STORMWATER POLLUTION PREVENTION 4 BEST MANAGEMENT PRACTICES 1 LS $1 000 $ Tomm CLEARING AND GRUBBING/TREE _ 5 REMOVAL 1 LS $1- j0 r $ �O REMOVE AND CONSTRUCT 6"CURB& 6 GUTTER OVER 6"CRUSHED 1,215 LF $ SO- $99-2.00 MISCELLANEOUS BASE REMOVE AND CONSTRUCT PCC 7 SIDEWALK OVER 3"CRUSHED 5,687 SF $ 3 $l_v)- ,- MISCELLANEOUS BASE REMOVE AND CONSTRUCT CURB RAMP 8 1' OVER 3' CRUSHED MISCELLANEOUS BASE 11 EA $23-00 $29-1_06- P-3R2 9-J'DOP-3R2 r 0 BIDDER:_ t ikr ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT AMOUNT REMOVE AND CONSTRUCT 6"PCC 9 DRIVEWAY OVER 6"CRUSHED 425 . SF $ ; %- $ luso " MISCELLANEOUS BASE 10 REMOV E LAND CONSTRUCT 2"AC 12,460 $F $ a c i lD S 5 i 0 S10- 11 THICKNESSASPHALT OLD MILLING FOR OVERLAY,2" 28.059 SF $ '4, 1.42._ $ 1 ti-SI,i-g 12 CONSTRUCT 2"AC PAVEMENT OVERLAY 346 TONS $ SS- S 3.0i.f ii q 13 pAVEOMEN7 REPAIR VE AND CONSTRUCT 2"AC 3,100 SF $ 1,1-1,1, S S�5 LO- 14 REMOVE AND CONSTRUCT 3"AC 85,921 SF $ PAVEMENT REPAIR 2. 2_0 s Nu-Loa I S REMOVE AND CONSTRUCT 4"AC 6,146 SF $ PAVEMENT REPAIR a��j $ ilSill7. 10 16 REMOVE AND CONSTRUCT 6"AC 3,020 SF $ - $ PAVEMENT REPAIR { 12-0 So REMOVE AND CONSTRUCT EACH 1 ADDITIONAL 1"DEPTH OF AC PAVEMENT 5,000 SF $ $ 7 REPAIR(ALLOWANCE TO BE USED AS i �' - 5d I DETERMINED IN THE FIELD) EXCAVATION FOR PAVEMENT SHOULDER 18 WIDENING 10,000 CY $ Li ei' $ LOOM -- CONSTRUCT 6"AC PAVEMENT SHOULDER 19 WIDENING 85,000 SF $ 3, 30 ,I $ 280560 20 CONSTRUCT ASPHALT CONCRETE BERM 15,900 LF I $ • 1:f0 , $ 54°&° (VARIABLE HEIGHT) 21 CRACK ROUTING AND SEALING 1 LS $3 %- $ 32DDO - 22 MICRO SURFACE SLURRY SEAL WITH 1,100,000 SF $ CARBON BLACK ADDITIVE • 12- $ 2.42-060- CONSTRUCT .'42O OCONSTRUCT KEYSTONE SEGMENTAL SF 23 RETAINING WALL OVER 6"CRUSHED 2,000 (Face $ 3S- $i(,l?0d 0 - _MISCELLANEOUS BASE Area) _ 24 ALLOWANCE FOR HILLSIDE EXCAVATION Allow - 24 $ 100,000 $ 100,000.00 AS DIRECTED(Stipulated Amount) ante LANDSCAPE AND IRRIGATION 25 RESTORATION; BARK MULCH 1 LS $10500 - $ 10660 GROUNDCOVER I 26 DECOMPOSED GRANITE PATHWAY 50 TONS $ 210- $ 10600 P-4R2 • • BIDDER: 44 /l * CC .) *PU ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT AMOUNT 27 RELOCATE PALM TREE AND LANDSCAPE 2LIHTING EA $2.0 00 J $ 4006 - REMOVE EXISTING AND CONSTRUCT PCC 28 BUS PAD PER APWA STD PLAN 131-2 WITH 1 EA s(' 000 _ $I Q,0 0 0 I AC SLOT PATCH _ BID SCHEDULE 2-SIGNING AND STRIPING ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION OUANTITY UNIT UNIT AMOUNT REMOVE EXISTING THERMOPLASTIC 29 STRIPING,MARKINGS,AND RAISED 1 LS $3500 $ 350,0e PAVEMENT MARKERS 30 REMOVE SIGNS AND/OR SIGN POSTS 250 EA $3tp.-!6j $cioj t, 66 0 INSTALL STRIPING, MARKINGS, RAISED 31 PAVEMENT MARKERS,CURB PAINT,AND 1 LS $ (5800© $f6$Q d o " ADDRESSES 32 INSTALL NEW SIGN AND POST 212 EA $ 23(D' $50031- 33 INSTALL NEW SIGN 151 EA $ q9 + s itili. — BID SCHEDULE 3-STORM DRAIN IMPROVEMENTS ITEM ESTIMATED I PRICE EXTENDED NO. DESCRIPTION OUANTITY i UNIT I UNIT AMOUNT 34 UTILITY POTHOLE INVESTIGATION 1 LS MOO- $ 11550 - CONSTRUCT MANHOLE PER APWA STD 35 PLAN 200-3 OR 201-2 4 EA $692,0b- $ 2q s oo - CONSTRUCT MANHOLE PER APWA STD 36 PLAN 200-3 WITH PRESSURE COVER PER 1 EA $q1150-- 1 $ 47,1 50- APWA STD PLAN 211-2 _ REMOVE EXISTING AND CONSTRUCT 37 STORM DRAIN CATCH BASIN PER APWA 10 EA $ S SOO- $ SU0O " STD PLAN 300-3,W=7' REMOVE EXISTING AND CONSTRUCT STORM DRAIN CATCH BASIN PER APWA 38STD PLAN 300-3, W=7'WITH 3'PERIMETER 1 EA $ 00- $ i{3goo - WALL REMOVE EXISTING AND CONSTRUCT 39 STORM DRAIN CATCH BASIN PER APWA 1 EA $OSOC" $ /G?SD 0 STD PLAN 300-3,W=14' 18" REINFORCED CONCRETE PIPE D-2000 40 WITH AC PAVEMENT TRENCH 200 I LF $10- $ 6000 _ RESTORATION I P-5R2 • • BIDDER: itiliettedho Il ea#7 -1 ITEM ESTIMATED PRICE EXTENDED NO. pESCRIPTION OUANTITY UNIT AMOUNT 18"REINFORCED CONCRETE PIPE D-2000 41 WITH LANDSCAPE RESTORATION 400 ! LF S $ tp �0G " 42 24"HDPE N-12 PIPE WITH LANDSCAPE 169 LF s309- $ RESTORATION 43 WITH LIANDSCAPE RESTORATION NFORCED CONCRETE PIPE D-2000 32 LF $ 3(az' $ t L fJ. gq CONCRETE COLLAR PER APWA STD PLAN44 2 EA $ 1300 - $ 2_62O0 380-4 I ' ABANDON AND BULKHEAD EXISTING 45 STORM DRAIN PIPES 10 EA $ nor $ //00i) 46 CONNECT TO EXISTING STORM DRAIN 1 LS $ ls4 OO $ L7 PIPES TOTAL BID= $ �I Z t my) J' TOTAL BID AMOUNT IN WORDS: I WO milli tn. 6/Af rt Itandra 51 Al ,.vt49,11' 161 de fa1s The contract shall be awarded to the lowest responsible bidder based on the TOTAL BID. The award of the contract, if made by the City, will be to the Iowest responsible and qualified bidder, which will be based on the lowest total bid. Note:Delete SSPWC Section 3-2.2.1 through 3-2.2.3.The City reserves the right to adjust unit quantities and scope of work as necessary to meet project and budgetary requirements. P-6R2 • • INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information: (Additional sheets may be attached if necessary.) R /1�Q. '�Q (� R (1) Address: P. . V i2.-2.9_ auz,b-0-1Q tiiA 0 - ; �9 (2) Telephone: 151-734 —?6o0 (3) Type of fine - Individual, Partnership, or Corporation: G� (?b dno7 O�. 1 /' (4) Corporation organized under the laws of the State of (5) Contractor's license number and class: ZV 747 3 Ai c.42. ri (6) List the names and addresses of all members of the finn or names and titles of all officers of the LI corporation: *a Alli '. efrA) Asp r- ez,e-P Mak Watt hesigiat std# . - CA- g 81% :.f• - ' +J Ilia .�.. -Leto g.S fir, 1 I- _1' a Cigage i frttaMst. littliA49eisrmiAt •1 g.svisf 4 '14-Lit?eht.4i42'87r LA . tyy 1 (7) Number of years of experience as a contractor in construction work 47 LS F•.s Li (8) List at least three similar projects completed as of recent date: 0 Contract Amount Class of Work Date Completed Name, Address of Owner,& Telephone No. ,.] /***".... .. ./.." l I (9) List the name of the person who inspected the site of the proposed work for your firm: rk..40 S ect.e ?tuciao- R ., meik (10) NOTE: Upon request of the City, the bidder shall furnish evidence showing a notarized financial 1 statement, financial data,construction experience, or other information. ,.E •,., 1 - 7 le s "2013" PAST WORK REFERENCES Department of Transportation Route 74, Contract No. 12-0L6404 3521 'A University Dr Contract Amount: $1,134,057 Irvine CA 92612 Start: 7/2012 Contract: Dat Pham, (949) 279-8586 Completed: 5/2013 City of Santa Clarita 2011/12 Overlay& Slurry Seal Program 23920 Valencia Blvd Contract Amount: $5,995,000 Santa Clarita CA 91355 Start: 8/2012 Contact: Bill Whitlatch, (661)259-2489 Completed: 5/2013 LACDPW Seventh Avenue 900 S Fremont Ave Contract Amount: $2,077,000 Alhambra,CA 91803 Start: 9/2012 Contact: Hector Hernandez, (626)458-2191 Completed: 12/2013 Department of Transportation Route 74,Contract No. 08-0P9504 2023 Chicago Ave.,B-6 Contract Amount: $3,450,622 Riverside, CA 92507 Start: 6/2012 Contact: Michael Chen,(951) 830-6017 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El Toro Rd Contract Amount: $1,778,169 Laguna Hills,CA 92653 Start: 8/2012 Contact: Kenneth Rosenfield, (949)707-2650 Completed: 9/2013 County of Riverside Transportation Gilman Springs Road 3525 14th St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961-5363 Completed: 9/2013 • • (I 1) Bidder shall be properly licensed in accordance with Business and Professional Code Section 702S: otherwise, the bid shall be considered non-responsive and shall be rejected. j rt Fl a n 1 Lia i 1 L r-8 I • • Z 1 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS 1 [Business & Professions Code 7028.15] [Public Contract Code 20103.5] 1 1, the undersigned, certify that I am aware of the following provisions of California law and that 1, or the i entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: i Business& Prole.ssions Code 7028.15: r j (a) It is a misdemeanor for any person to submit a bid to a public agency in order to Lt engage in the business or act in the capacity of a contractor within this state without having a license therefore,except in any of the following cases: E (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10)64 of the Public Contract Code or on any local agency project governed by Section 11 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 M'] (S4,500), whichever is greater, or imprisonment in the county jail for not less than 10 Li days nor more than six months, or both. ±1 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. ki (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render El 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 • I' purchase order, verify that the contractor was properly licensed when the contractor L 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 L. 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 r 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a ; 0 contractor who is not licensed pursuant to this chapter is void. La P_9 • • • (i} Any compliance or noncompliance with subdivision (e) of this section, as added hv Chapter 863 of the Statutes of 1989, shall not invalidate any contract or hid awarded by a public agency during which time that subdivision was in effect. C (g) A public employee or officer shall not he subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Conlraci Code 20103.5: • In all contracts subject to this part where federal funds are involved, no bid submitted shall be Li 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 Contractor's 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 riall legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification 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. L License No.: # 24 7 073 t' Class: +-( C— I L. Expiration Date: j —3 - / Date: ar tV v 14t t 'f E Signature: ice_ Pr.:, ; ' S 1, , tpi VV 0 Lter FILES LI F'.1 LI ri 4 LIP- 10 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 41041 Public Contract Code 4104 provides as.follows: Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work,shall.in his or her bid or offer.set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under III subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or. in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars($10,000),whichever is greater. (b) The portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. The prime contractor shall complete ALL information in the table below and shall submit it with the bid, at the time of the hid. Subcontractors j Owner License License Address and Phone Type of Work Portion —I Company Name (percentage)of 1 Name/Names Type Number Number (e.g. Electrical) Total Project Ala-1i 1Z2nds'cr. 2 Mike Cal 50012:1 1761S2-,. us,°�;ei st l r�nc(sca p e. O. _...� CLS /vac `Kra �- Lcurk, NIA is SZ Cerana, C� �,"'',"�' q t-4 Air r real L(..,I'VCf��-+f f. l --- V4' E 77 vice, vieftr Gila& ( S00IP ,r6 r2..3a !�L ��(eirr mac 2- 1 Dyl a 0o &r(I S r-C,„ C 1.1 (07-148 q/�,d 1 Pp & 1! ( 3 i o �L¢ C'Zt I"t 1 Pi { �.��S/I i u' V` t"7 p 1 F^OYre7a'+c�r,CJS 12-1.- J 2, 2,5 7-1- 471 frOal1 Lair t/ C I Z Z,$ �l q5. 7'0 gox ' -°la 5 .._ C —_1 0.. C7o.S6teYl r Chi ��f 0 � �1�.i I i 5rt7 '3��11.5 E. }gr rrst • In ter;l n✓� �CItL3�` • A Lei 7-5315....,11.5 wr, cp 1.14- coo.:r /2 . g lit b 0 (r- •r - S .�r-i4Y Powe nt czr-r art —-- ____ _ _ _.._._�r:.1.'_.- . tz Cr ess st_.._._'. __ f.m_.�___..._.. _�----ff' 56—i`� Manan 1 s en_ (,36,u, c,p,-,1elk qil- vie t� = CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five (5)Full Years: ZAt3 Year of Record 201Y' 2001 2010 20(a 2012. Total Current Year 1. No.of contracts 004 %I tell Ur. e37 452.7 t4Ts" • 2. nsadal s dollar amount of contracts(in thou- ZS3,GO 24/ lq, Z7j T 77(— �N, 2 i q; 1213,6 Z5ti 2841 CO *3. No,of fatalities �"' I L #' 2. 3 19"' *4. No.of lost workday cases 1, I .P-^ 1( f o ci b-- *5. No.of lost workday cases involving per- 4' dr-- el"-.. 44.- -6--- manent transfer to another job or termi- nation of employment The information required for these items is the same as required for Columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses No.102. The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury that the information is 0 true and accurate within the limitations of th se records. .it( Al? A� ''''�_ ---,�- ' Name of Bid er(print) Signature ' •7% 7-1.7111r1-, + 1 d -'I- RO. 2.2.z.9 24-tai /17 e 42. Add ss State Contractor's Lic.#& Classification eziu4-1 CA- _ a��a _ �2��tg � gs� 73G 7676C1 City Zip Code Telephone P- 12 • • ALL AMERICAN ASPHALT To whom it may concern: On May 28, 2010 All American Asphalt filed a death claim with our workers' comp carrier. A brief description is listed below. An employee working at our Pacoima asphalt plant was operating a scissor lift inside the tunnel. He was raising himself to an area in the tunnel where pigeons were living. The employee was going to clear the area in order to keep these birds out of the plant. While raising himself to the area, our employee suffered health problems. The employee was found pinned between a beam in the tunnel and the control panel on the lift. He passed away upon arrival to the emergency room. Cal OSHA enforcement as well as an investigator from the Bureau of Investigations came out. No charges were filed from the bateau. Two minor paperwork citations were given to All American Asphalt. We appealed them and got the citations reduced to"Notice Only"with no fine. Please call me at 909-815-8404 if you have any questions. On behalf of All American Asphalt, Sincerely, 6-1 Bryan Pease Consultant 0 • ALL AMERICAN ASPHALT INFORMATION On July 22, 2012, All American Asphalt employees were replacing concrete panels on the 405 freeway in Torrance. Around 3:35am two drunk drivers entered our work zone and fatality wounded two of our employees. We were informed both drivers tested positive for alcohol beyond the legal limit. The CHP advised on television that our work zone was well lit and that our traffic control was set in place according to plan. Cal OSHA is investigating and has up to six months to complete their investigation. Please let me know if you have any questions. You may call me at 909-815- 8404 or e-mail me at brpeasel@msn.com if you have any questions. Sincerely, 6 ---- -5- — Bryan Pease Consultant • • I NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code § 7106] State of California ) County of RAVQLS(D6 ) ss. City of 0 p OLA- ) 1. The undersigned declares: 11 ii,J I am the V ([.4 pt. of AU , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication,or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,profit, or cost element of the bid price,or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any , member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any L. person or entity for such purpose. i Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that iL he or she has full power to execute, and does execute,this declaration on behalf of the bidder. ElI declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct., and that this declaration is executed on am..). Zt(2O(1 f [date], at l_OLOA [city], t# [state]. I f' Signature �� .�'' € I Subscribed and sworn to before�n n (Date) (Notary,sen!) Signatur LI Notary Public i— j "•t I E. P- 15 • CALIFORNIA JURAT ?�.. "...w_.. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 22nd day of January , 2014, Date Month By (1) Robert Bradley ��. Name of Signer BRENDA L ROYSTER Proved to me on the basis of satisfactory evidence Commission# 19083) r�I - z be the person who appeared before me (.) (,) Notary Pubtic-California z z "t `yi Riverside County My Comm.Expires Oct 26,2014 (and (2) Name of Signer Proved me on the basis of satisfactory evidence be t person who appeared before me.) 42)44—$144 Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document OF SIGNS° OF SI3r:EF Title or Type of Document Noncollusion Declaration Top of thumb here Top of thumb here Document Date; 1-22-14 Number of Pages: 1 Signer(s)Other Than Named Above: None • • I 1 QUALIFICATION OF BIDDERS Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall he submitted by each bidder on the EXPERIENCE STATEMENT form provided. Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years of experience in the magnitude and l character of the work bid. r Bidder Qualifications called for to he submitted at time of bid include,but are not necessarily limited to: I. The Contractor shall have been in business under the same name and California Contractors License for a minimum of 5 continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract. 2. License classification shall be A. 3. The Contractor shall have completed a minimum of 5 projects of a similar nature at a minimum total cost of$l million each. 1 L E 0 r. L. t. I Li r s P- 16 • • ALL AMERICAN ASPHALT PAST WORK REFERENCES 5 YEARS City of Glendale Adams Street & Chevy Chase Drive 633 E. Broadway, Room 205 Street Reconstruction Glendale, CA 91206 Contract Amt: $2,526,859.00 Contact: Armond Simonian Start Date: 7/2012 818-548-3945 Completion Date: 1/2013 City of Industry Valley Boulevard 255 N. Hacienda Blvd. Street Reconstruction City of Industry, CA 91744 Contract Amt: $3,252,538.00 Contact: Gerardo Perez Start Date: 7/2012 626-333-0336 Completion Date: 12/2013 City of Huntington Beach Slater Avenue Improvements 2000 Main Street Street Reconstruction Huntington Beach, CA 92648 Contract Amt: $1,926,341.00 Contact: Dave Verone Start Date: 8/2010 714-375-8471 Completion Date: 2/2011 City of Santa Ana Segerstrom Avenue Rehabilitation 20 Civic Center Plaza Street Reconstruction Santa Ana, CA 92701 Contract Amt: $2,094,618.00 Contact: Edward Torres Start Date: 11/2009 714-647-5018 Completion Date: 3/2010 City of Irvine University Drive Rehabilitation One Civic Center Plaza Street Reconstruction Irvine, CA 92606 Contract Amt: $3,445,289.40 Contact: Kal Lambaz Start Date: 1/2008 949-724-7555 Completion Date: 6/2008 • EXPERIENCE STATEMENT To be responsive, the bidder must list below the required project information as listed in the Qualification of Bidders statement. fl. Project Title Contract Amount Type of Work _ Client Agency Project Manager Phone Date Completed %subcontracted j 2. Project Title Contract Amount Type of Work A Client Agency Project Manager Phone Date Completed °A)subcontracted ri 3. Project Title Contract Amount Type of Work Client Agency Project ,nager Phone Date Completed %subcontracted 4. Project Title Contract Amount 3 Type of Work r., Client l Agency Project Manager Phone r Date Completed %subcontracted r-j k r P- 17 1 • • t i I ' 5. Project Title _1�n�' # Contract Amount Type of Work , 1 Client ;" _... H di' Agency Project Manager Phone 1 Date Completed % subcontracted U NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his cufrent financial condition. i i Bidder's Signaturef i- i ill LI kittit-ei, ...p. i. .0. 1 j!. i, `"1 I j t1 Li ,. P- 18 • PALOS VERDES DRIVE EAST ARTERIAL ROADS PROJECT PRE-BID MEETING January 3, 2014 A. INTRODUCTIONS B. SIGN-IN SHEET C. PROJECT DESCRIPTION & SCOPE OF WORK D. QUESTIONS E. BID OPENING F. COMPLETION TIME & PROJECT SCHEDULE G. STAGING AND TRAFFIC CONTROL H. OBTAINING PLANS AND SPECS I. QUESTIONS Mcnctecci plrY\ Due-As dl,C ONc tl€'\ C% p•‘1 d o PVDE Pre-Bid Meeting Agenda January 2014 • i Bond No. 08597423 BID BOND Bid Date:January 9,2014 KNOW ALL PERSONS BY THESE PRESENTS that. WHEREAS the City Rancho Palos Verdes (hereinafter called the "CITY"), has issued an invitation for bids for the work described as follows: ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST, FROM VISTA DEL MAR TO THE NORTHERLY CITY LiMITS FISCAL YEAR 2011-2012 PROJECT NO. 002912 WHEREAS All American Asphalt 400 East Sixth Street,Corona,CA 92879 (Name and address of Bidder) ('Principal"), desires to submit a bid to CITY for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW,THEREFORE,we, the undersigned Principal and Fidelity and Deposit Company of Maryland 777 S.Figueroa Street,Ste.3900,Los Angeles,CA 90017 (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 CiTY in the penal sum of Ten Percent of Amount Bid Dollars ($ 10% ), being not less than ten percent (10%) of the total bid 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 is awarded a contract for the work by the CITY and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor end materials, and furnishes the required insurance coverages, then this obligation shall become null and void. Additionally, in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids,then the above obligation shall become null and void. Otherwise, it shall be and remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of the contract on the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or the specifications. P- 13 S • In the event suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the CITY in the suit, including reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code section 2845. IN WITNESS WHEREOF the above-bound parties have executed this instrument under their several seals this 3rd day of January 2014 , the name and corporate seal of each corporate party being hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body. Dated: January 3,2014 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland By: -rC✓ -- �f�Ii_ By: Its .. 1"ait' i� . ". Its William in-Attorney-In-Fact By: By: Its till :..ted--r.ir,�.L. a , Its (Seal) (Seal) Note: This bond must be dated,all signatures must be notarized,and evidence of the authority of any person signing as attomey-in-fact must be attached. P- 14 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside on January 22, 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Tale of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument BRENDA L.ROYSTER and acknowledged to me that he/she/they executed the same in Commission# 1906379 his/her/their authorized capacity(ies), and that by hic/her/their zNotary Public-California D signature(s)on the instrument the person(s), or the entity upon behalf 111,0 Riverside County of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and official seal. t_xit 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 Bid Bond —City of Rancho Palos Verdes Document Date: January 3, 2014 Number of Pages: 4 Signer(s)Other Than Named Above: William Sorkin, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas o Individual o Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary o Partner—o Limited❑General o Partner—❑ Limited o General F.IGH TH i;PRIIJT HIG!i'111L;'a^c—'FJf,i ❑Attorney in Fact OF SIGNER o Attorney in Fact OF SIGi.ER ❑Trustee Top of thumb here Top of thumb here o Trustee o Other: o Other: Signer is Representing: Signer is Representing: All -ri -n As•halt All meri,n A •h:l • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ci<.aY..\<!•n<_c.^!T</.�!::.v..<1 �C;a •{<{z.<.�<.�N State of California County of Orange On 1/03/2014 before me, R.Paramo,Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/cho/t#ey executed the same in rissarlharalhalisiakall1.11Whidira.a. his/h � eeir authorized capacity(ies), and that by R. PARAMO • =.Q his/hcr/thcir signaturetsj on the instrument the Commission#2035890 person(, or the entity upon behalf of which the a'v Notary Public-California z acted, executed the instrument. z'F' person l� 1' Orange County M Comm.Ex ires Au 5,2017[ I certify under PENALTY OF PERJURY under the laws_ Y__ _ _ _ __�__ of the- — . ' • hat the foregoing paragraph is tr -nd correct. ITNESS my hand an, official sea Place Notary Seal Above Signa • -: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 1/03/2014 Number of Pages:Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: 0 Corporate Officer—Title(s): 0 Corporate Officer—Title(s): f7 Partner— 0 Limited 0 General E3 Partner— C)Limited i✓General L. Individual CD Attorney in Fact ❑Individual D Attorney in Fact C.1 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator Other: 0 Other: Signer Is Representing: Signer Is Representing: —_ Fidelity and Deposit Company of Maryland ,v4`..<\m!\circ✓;. 4\t;\^<\ri< \�:V\i,1.<\_.\... :�L`-.i i\d a A�::4e:<�L: _. .a«,::✓`i.' '.- .✓... `!K ©2013 National Notary Association •www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 • • • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V. Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint William SYRKIN,Rebecca HAAS-BATES,Sergio D.BECHARA and Richard ADAIR,all of Irvine, California, EACH its true and lawful agent and Attorney-in-Fact,to snake,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies.as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January.A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND wq OLP ,r'G}rrF, bk t SEAL I --•— 0: .... a• 1. mo .' %Bt, teas • Assistant Secretary Vire President Eric D.Barnes Thomas D.McClellan State of Maryland City of Baltimore On this 15th day of January.A.D.2013,before the subscriber,a Notary Public of the State of Maryland.duly couunissioned and qualified.THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies.to me personally known to he the individuals and officers described in and who executed the preceding instrument.and acknowledged the execution of same.and being by me duly sworn.deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the precedinginstrument are the Corporate Seals of said Companies.and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Sent the day and year first above written. aora,n.. Constance A.Dunn.Notary Public My Conunission Expires:July 14.2015 POA-F 012-0033D • 4110 z CITVOF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENT January 10,2014 ADDENDUM#3 TO THE CONTRACT DOCUMENTS,SPECIFICATIONS, &STANDARD DRAWINGS FOR THE ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST FROM VISTA DEL MAR TO THE CITY NORTHERLY LIMITS FISCAL YEAR 2011-2012 PROJECT#002912 In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these revisions, deletions, and additions. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents. Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as nonresponsive. The subject contract documents are hereby amended as follows: Item 1— Reference Specification Page NC-1.The date for submittal of bids is revised.Change the first sentence to read: BIDS MUST BE RECEIVED BY: 10:00 a.m.Thursday,January 23,2014. Item 2- Plan Sheets 25 through 36 Signing and Striping Plans, and Specification Page TP-15 Section 12 TRAFFIC STRIPING AND MARKINGS,add the following clarification: Plan Note 12`SHARROW"markings throughout the project,and Plan Note 12"KEEP CLEAR"at Plan Stations 186+40 and 186+70 both directions,shall be pre-formed thermoplastic meeting specifications for bike lane use, including anti-skid and retroreflective material added at the time of manufacturing. Materials shall be PreMark type by Flint Trading, Inc.pre-formed thermoplastic with ViziGrip in 90-mil thickness,or approved equal. Item 3- Delete Specification Page TP-2 Section 3—UNCLASSIFIED EXCAVATION!HILLSIDE EXCAVATION and add the following: 3—UNCLASSIFIED EXCAVATION/HILLSIDE EXCAVATION Unclassified excavation shall be in accordance with Section 300-2. Payment — Except for Hillside Excavation, and Excavation for Pavement Shoulder Widening as Page 1. of 2 • S described below, payment for unclassified excavation shall be considered incidental and included in the various bid items,and no separate payment shall be made therefore.Excavation work shall include sawcutting and removal of existing pavements, excavation of the roadway to sub-grade, scarification of the sub-grade to a depth of 6",re-compaction of the sub-grade to 95%relative compaction and fine grade, excavation of shoulders, and all other removal work complete and no additional compensation shall be allowed. Excavation for Pavement Shoulder Widening - Separate payment shall be made for Excavation for Pavement Shoulder Widening.This item shall include payment for sawcutting and removal of existing pavement, base aggregate, adjacent shoulder and hillside soils and rock material, excavation of the roadway to sub-grade, and all other removal work complete as necessary for Pavement Shoulder Widening only,and no additional compensation shall be allowed. Hillside Excavation(Allowance)—Separate payment shall be made for Hillside Excavation as directed by the Engineer. This allowance shall be used to excavate hillsides and rock to provide clearance for roadway construction,specifically at the Eastfield Gate intersection (Plan Stations 233+00 to 235+50, north side). Excavation work shall be done in conformance with the Engineer and Geotechnical consultant. Payment for Hillside Excavation shall be accounted for as Extra Work per the specifications, and paid through an Allowance item in the actual determined amounts. The Engineer may revise or delete this item in its entirety. Costs for traffic control for this work shall be included in the Extra Work accounting for this work only. Item 4-Revised Bid Sheets Delete the Bid Sheets P-3 through P-6 in the specifications and replace with the revised Bid Sheets P-3R2 through P- 6R2 attached hereto. End of Addendum No.3 Any questions regarding this Addendum should be directed to the Project N\a ger, Nicole Jules, P.E.at(310) 544-5275. kusiviwl t—Ica—ts Michael Throne Date Director of Public Works I acknowledge receipt of this Addendum No.3 and accept the aforementioned. P i) . 22 z l�{ Bidder's Signature t�p .TBrRI _, v.�� Date Please sign above and include this signed addendum in the Bid package. Failure to do so may result in that Bid being rejected as non-responsive. Page 2 of 2 • 11110 ARTERIAL ROADS REHAB. PROJ. NO 002912, PV DRIVE EAST FROM VISTA DEL MAR TO CITY NORTHERLYLIMITS PICK-UP $45 MAILED $75 Bid Document Sign Out l Contractor 1,/11 C4rySfreK•tc 7 _ Contractor _03 x')In eli-'`') `•-\, _i 1(1•C- 2j na, ( Contact Person /� 7�Z •i o.,fri t:�iF��. -- Contact Person \.;�.`--� i C(. � f.�t s'~i�ll ` "! Mailing Address tP2)') '1..S5.3.1"rar\CG r Mailing-Address 512 i._rs7,/Pie._ 0.-4_------. (•,C-it 1{An . (.).4' «I 1-i 7- Phone Number t/17-t P • LIS! - r;')-2-'72.--2.- - )`L-'2 2- Phone Number lf3ia) P.;2, -- /ZQ/ Fax Number Lata L ✓moi • 221-,x' Fax Number . Mailed XPicked Up Date_j- �J--I L.-I__ Addendum's Mailed iLPicked Up Date , ,- Addendum's Amount Paid r' � - t ` E-Mail Address .)/. 1 �;') (f'./G_lr(i i"-L t Amount Paid�`1 J ContrS E-mail Addre s C. A. RASMUSSEN, INC. $ Contai Genera Engineering Contradorn Contractor /14/2/4/ j ,j',t cr,,A-5 r t"i?C. _- - � Mailinc Stacey Klein e,,,...,,,,,- s s 1 13 ' rt Estimating Assistant d1! I kr ` . 4.102 Rt - •®7l .Eg 28548 Livingston Avenue 1�` 1t Phone Valencia,CA 91355-4171 :I, iiiB U I L DER S _ h I c.,,,,dFn te.seC.,,In 1.t..II -." Ift •Scrim i• 66..367.9040 =_ .n=ote.*-•Qm , Fax Nt Fax 661.367.9097 ti„n;yGa E-mail:skleinOcaresmusean mm DR. REZA MOALE3 --_..EEO_._ __-_ — Maid.... lc. rvr,cu .,}r IJd.FS Main.800284-1151 •Cril.310.926 2290 "— Addendum's Fon:310.144 0106•[mad.rezofi-.nooleibuiidera.corn — 4335 Yon guys Btvd.,Suite*102•Sherman Oaks,Colifonria 91403 Amount Paid,41,tit www mooleibuilders com . Ft E-Mail Ad•ress .:rLoi -;� '& E-Mail Address KZ Contra 'V-c6.4..-NN-Vel. 5 C'•1 2(7t f' Contractor �,."-• CC:)--. . -0 t ,"---7 " , Contac en neerin Lies 693659 �2�� generali +contracting >= g Mallinc 1709 standard avenue ,A\\. PIMA CORPORATION &I\erwr 818.241.2725 efax 8I8.Z41.2ci• 201 www.ianthomasinc.com Phone( � ,, ,`f rath®ianthomasinc.com I I GAGIK MANUKYAN J t c«,er&servins Fax Ni "ITcyrra raffi zadoIan Office:(310)231-7060 Exr,w 2001 S.gARRINGTONAVE fax:310.2314411 C� ivlaileAdder c .. stn. .24:3r ,✓ '""""°' SUITE 119 Cell:31D-M-4633 �/ LOS ANGELES,CA 90025 email:PimaCorpemsn-com Amount Paid _..__.... �... E-Mail Address Gv w u' , i ci.y‘k-V..e;�p• '.q‘c_ ('C. }''1 I E-Mail Address/i 1��; c`.:.—r-ss ' =�!)N '. C.G.,2-7 . . • • ARTERIAL ROADS REHAB. PROJ. NO 002912, PV DRIVE EAST FROM VISTA DEL MAR TO CITY NORTHERLYLIMITS PICK-UP $45 MAILED $75 Bid Document Sion Out l Contractor f S`�-• Pi— P/ 11 �-r' Contras-`-- X11 Ok-.,,av\ ri-.,n ac-cittn,'\k- OFEIGE.9,51-736.760 FAX 541.736.7661, Contact Person __._.. _ _._-___.__..__ Contact E1v1All.'aa69rrmksVa11hrtiencaMs.".naR.enn CAL.STATE UC r26797o.A Mailing Address Maitin Phone ALL AMERICAN ASPHALT Phone Number --;. Fax Nu `. . ALL AMERICAN AGGREGATES F Number 8(oho - 5.70 - p i '7 _ Mail( Addenc S Ststo S: P. E cy2 ailed Picked Up Date 2-20-13vV6A`YSSSASksOSSANT coaonl�raveeE2229 Addendum's Amoun E-Mail Amount Paid -6P---- "n i1 Contractor C04p, l�..O11`i(GAC, IYt& -av,C • r E-mail Address Contractor HI ue 6o1;1c /L4912z4>o/ Contac i a Contact Person _ Mailings 7 - ..• . ,,,..., ....,..„. , MailingAddress ---+ c¢n\rnraAaCTlli9P, tic• _._-_ Aviv i IN -GRADG•CHIP SEALING 1_ Phone: -- ----- —'Zeke Copp ' VICE PRESIDENT ` Phone Number Fax Na Office(7714)522-7754 P.O.Box 457 Fax(714)522-2074 Fax tuber ci IL/ 2113 `f 9 3C=' --2. Bvena Park,CA 90621-0457 Cell(714)412-022E aiied Picked Up Date 1 2-.10-(3 Mae www.coppcontracting com zekerdcoppcontracting.con Addendum's Addend Contractors tic.6384209A Amount Paid Amount Paid ' L4 $ E-Mail Address Contractorv\\� • }�:�1\.s�� !! I Address Contractor .r7(-t k1� W 1 v1 i-( Contr � �yp L�s _ J Contac S WNAP --,...-_,_.__-....._.�.-.....__.____- Malhni _ ' g ST LIC 0679962 NB - — _ .-t.�r.. RAYMOND SANCHEZ SULLY-MILLT;R v u CONTRACTING CO. _- __.__ PhonE • • -1Srlli✓Q 601C-1.a 7J7ti 1 e-P r,ei Fax N ' 12240 WOODRUFF AVE 135 S.STATE COLLEGE BLVD..SUITE 400•BRffi.GQ 92821 t \. ` DOWNEY.CA 90241 Marie+ e i` , • h PHONE (562)603-9977 r?1RECT.?ra•578.9r36•Fr;OBItL•760 559?332 � � _ FAX (562)803-9955 F 714-5'8-96'2 — Add r„ ';,..,<:-,_,..,:v.,. rV" fir_ r -- x`aN rMAk:RS.11Ve.HFZrSULf.ti M11R+lFt.tYS . Amount Paid 9c-- E-Mail � • E-Mail Address E-Mail Address i I ARTERIAL ROADS REHAB. PROD. NO 002912, PV DRIVE EAST FROM VISTA DEL MAR TO CITY NORTHERLYLIMITS PICK-UP $45 MAILED $75 Bid Document Sign Out Contractor Cot / , -- ( i ?1 ally 1t>rI Harper, B 11cG COl n �yr art aeodeteg ..„.:::=:,:____._____„--„,t: - Ma CONTRACTORS, INC. f .:_ Age/ C _ ._. ST LI.".afi'IOEf7pA STATEIK �C).27�y�? ___ Pht Daniel BusCamante 73545 Imperial Hw, Fax 15521602-24.99 DEBORAH M .TSEP __ Fa. l\Santa Fa 5prvngs.cA 90670 Defoe tsszl BM-7227T Bid Coordinator Fa; Addendum's 1312 EAST WARNER AVENUE Amount Paid TEL (714)444-1551 SANTA ANA,CA 927(35 FAX (714)444-2850 dmatsen�rhardyandharper.ct rn �' E-Mail Address Amount Paid ,(I 73. Po Contractor E-mail Address ��,,•; , .It:o••+'yr,n t he r, t_, Contractor Contact Person __ Contact Person �.l e_Iclur,i4r- __� Mailing Address — Contact tttt 0.422. 6014F-1T IP&r 1 . M�ili^no Address r1 l }fLTiA �� p �c��CA Phone Number Phone Number CGZ. !Z':~ 1 t 2 S� -�4_ Q / Fax Number Fax Number L r �� 7 ' � - Mailed Picked Up Date Mailed Picked Up Date Addendum's Addendum's Amount Paid �1�r/ / / /� Amount Paid —__ E-mail Address 'E t t._?•(6�f�Y�_( C`-ek ited CC y E-Mail Address Contractor t-.1 f i-m C' QCT Contractor .7,---,--4,-,--:::,..-4.,:0-----r4., Contact Person ' 47Mailing Address PATRIDT71 PAVING Phone Number .- ., ALBERT TEN'E Abert Jpatnotpatinyuic:coni Fax Number I.ell"7141290.9410 Otf 7141283 07377 Fax-,71412B3 27,77. Mailed Picked Up Date k u Addendum's 2 8 vi Ltiico'n Avc:O,' „. .•9c865 J. v r� t 0 . ,3 �_<...._ ..,_e,-�.sx� Amount aid E-Mail Address E-Mail Address At-tt=-i 6i0c,f,-,4f i�ctivr�j rirvr. , ( LM • • Page 1 of 1 Brenda Royster From: Nicole Jules[Nicole)@rpv.com] Sent: Friday, January 10, 2014 3:18 PM To: Mike Mahler; estimating; CStephan@koacorporation.com; bmerrell@andpen.com; Public Works; Alberto Ramirez;albert@patriotpavinginc.com; mmahler@sequel.mpowermail.com; pimacorp@msn.com; krodriguez@griffithcompany.net; sklein@carasmussen.com; scot conover@sully-miller.com;jim@smithemerylabs.com; estimating@terrapave.com; estimating@excelpaving.net;jose@coppcontracting.com;jnelson@laeng.net; reza@moalejbuilders.inc; dmatsen@hardyandharper.com; nduron@shawnan.com; raffi@ianthomasinc.com; kreveles@excellpaving.net; Brenda Royster, Deborah Matsen; carol castillo; Rodriguez, Kristen;jnelson@laeng.net; Karla Reveles;jmartin@excelpaving.net; Dino D'Emilia; raffi.t@mincoconstruction.com; reza@moalejbuilders.com; Info@moalejbuilders.com Cc: 'Jim Pugh'; John Koch Subject: PVDE Addendum#3 Attachments: pvde ADDENDUM#3.pdf; plan holders list 011014.pdf Greetings, Attached is Addendum#3 for the PVDE Arterial Roads Rehab project. This final addendum,really this time, includes a revised bid opening date,clarification to the striping,clarification to the excavation methods and quantities,and a revised bid schedule. Also attached is the latest plan holder's list. If you have questions regarding the addendum feel free to email or call me. The project bid opening is Thursday,January 23,2014 10:00am Thank you! Nicole Jules,Senior Engineer City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 nicolei@rpv.com (310)544-5275 —(310)544-5292 f 1/14/2014 • • _:„,,,.. 5. ,..: fry,, '. C}TY OF RANCHO PALOS VERDES PUBLC WORKS DEPARTMENT January 9,2014 ADDENDUM#2 TO THE CONTRACT DOCUMENTS,SPECIFICATIONS,&STANDARD DRAWINGS FOR THE ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST FROM VISTA DEL MAR TO THE CITY NORTHERLY LIMITS FISCAL YEAR 2011-2012 PROJECT#002912 In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these revisions, deletions, and additions. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents. Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as nonresponsive. The subject contract documents are hereby amended as follows: Item 1—Revise the specifications as follows: Page TP-3 SECTION 5—STORM DRAIN IMPROVEMENTS Delete references pertaining to surface mounted storm drain pipe and slope anchors. Change paragraph 3 to read: Storm drain pipe shall be Reinforced Concrete Pipe, Heavy Duty type D-2000, and type N-12 WT corrugated HDPE pipe from ADA(or equal),in the size as noted. Add the following:The Contractor shall diligently exercise care to protect existing utilities during the work. Existing utilities shall be pothole investigated to determine existing location,character,and material.Some utility locations, including telecommunications lines, may be difficult to determine, and the Contractor shall coordinate with the utility owners to safeguard their infrastructure. Utility investigation work shall be completed at least 10 days prior to pipeline construction. Any interfering utility lines that are encountered shall be promptly brought to the attention of the Engineer. The Engineer will determine whether the interfering utility will be relocated, or the proposed storm drain construction be modified to accommodate utilities.Adjustments to storm drain construction that are in the character of the original bid scope of work shall not be eligible for additional costs.Adjustments that add to or remove from the original bid scope of work shall be adjusted for cost as determined by the Engineer. Page 1. of 3 • . Item 2—Storm Drain Plans Add plan sheets SD-01 through SO-04 to the project plans. The storm drain work on these plan sheets shall supercede the storm drain work as shown in similar locations on plan sheets 11, 12,14,20,and 21.All work shown and not specifically included in bid items shall be considered as incidental work and included in the various unit prices. Item 3—Revised Bid Sheets Delete the Bid Sheets P-3 through P-6 in the specifications and replace with the revised Bid Sheets P-3R through P- 6R attached hereto. Item 4—Existing Sewer Septic Tank The Contractor is cautioned that there is an existing sewer septic tank located in the public right of way at approximately Station 169+10, 20' left.The Contractor shall exercise due care to protect the tank while working in the vicinity. Item 5—Questions and Responses Question 1. Per General Provisions Section 27—Contractor's Superintendent and Project Manager, "The Contractor shall provide to the City's Construction Observers,a small portable working,multi frequency two-way radio compatible for communication with that of the Contractor's Superintendent's communication device and a charger. The Contractor shall also provide to each of the City's Construction Observers a portable cellular telephone,two cell telephone batteries and a charger and pay for service for the duration of the project." How many Construction Observers will the City employ on this project that will require radio and cell phone? Response to Question 1. The City will employ two construction observers. Question 2. Per Special Provisions Section 2—Street Closures,the Contractor shall, "...incorporate information into the project's schedule and traffic control,such that within 1,000 feet of the school on routes serving the school for student arrivals and departures are not impacted between one hour before and one half hour after the school day start time and one hour before or one half hour after school day end time." As this may further restrict the stipulated 9:00 am to 3:00 pm lane closure times,what are the 3 school's within the project limits(Miraleste Intermediate, Miraleste Kindergarten and Marymount College)start and end times? Response to Question 2. The three schools are Miraleste Intermediate,Miraleste Elementary& Miraleste Early Learning Academy(same campus), Mira Catalina Elementary. Start and end times vary, refer to the Palos Verdes Peninsula Unified School District website for individual school start and end times. http:/pvpusd.k12.ca.us/index.ohPIschools/elementary schools/ Question 3. Per Special Provisions, Section 3—Traffic Control, Public Convenience and Safety. 'Implementation of traffic control shall be performed by a professional temporary traffic control company, including flagging Page 2 of 3 • • operations.` Does a general contractor possessing a C-31 license qualify as a"professional temporary traffic control company"? Response to Question 3. Contractor shall possess a C-31 specialty license,in addition to A licensure,or employ a subcontractor that does. Additionally,Contractor shall have at minimum a dedicated traffic control foreman on site and in continuous supervision of any active traffic control measures throughout the project. Question 4. The plans call for specific thicknesses of asphalt to be removed at specific areas (2"to 6"). Was a coring log compiled to confirm these thicknesses,and if not, is it anticipated that these thicknesses are from existing finished grade to subgrade? Also, if the existing conditions vary from what is called out on the plans,will the contractor be compensated using Bid Item 17—Remove and Construct Each Additional 1"Depth of AC Pavement Repair? Response to Question 4. A geotechnical report with existing pavement thicknesses is on file at the City and available on request.The locations with thicknesses less than 6"are intended to be milled for removal.Thicknesses of 6"or more are intended to be full depth AC removal and replacement.Any additional depth due to thicker AC is intended to be compensated under the noted bid item17. Question 5. Per Technical Provisions Section 7—Asphalt Concrete Pavement and Walkways, "AC Pavement Shoulder Widening—The Contractor shall remove existing asphalt pavement,gravel,dirt and adjacent slopes as necessary to construct new AC pavement shoulder widening as shown." The Project Plans give only Typical Cross Sections on Sheet 8 of 36 with Not to Scale Drawings. Can the City please provide more detail as the quantities for slope cuts and fills are difficult, if not impossible, to accurately calculate from not to scale cross sections and very few existing/proposed elevations on the construction plans? Also,the cross sections do give any proposed slope from the back of AC berm to joint to existing slope. The Contractor can not calculate how far the slope needs to be cut back without a proposed slope. Please provide a proposed slope. Response to Question 5. The existing pavement shoulders and adjacent grades vary significantly throughout the entire 5 mile project area, much of it covered by vegetation. It is intended that the Contractor remove existing trees and vegetation as specified, remove pavement and grade as per the typical sections.Specific grades and cuts for every location along the entire project have not been prepared. In general a 1:1 maximum slope is desired; however, exact cut locations and requirements will be coordinated with the City's Construction Manager. End of Addendum No.2 Any questions regarding this Addendum should be directed to the Project Manager, Nicole Jules, P.E. at (310)544-5275. ‘,//,/ 1/9 //y • R• ' Michael Thr e Date Director of Public Works I acknowledge receipt of this Addendum No.2 and accept the aforementioned. Bidder's Signature bt3L1- is ' -' V •P Date Please sign above and include this si• ed addendum in the Bid package. Failure to do so may result in that Bid being reiected as non-re ••nsive. 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PALOS VERDES DRIVE EAST AND c OWNVIEW DRIVE nem-.— • • Page 1 of 1 Brenda Royster From: Nicole Jules[NicoleJ@rpv.com] Sent: Thursday, January 09,2014 5:51 PM To: Mike Mahler; estimating; CStephan@koacorporation.com; ddemila@andpen.com; bmerrell@andpen.com; Public Works;Alberto Ramirez; albert@patriotpavinginc.com; mmahler@sequel.mpowermail.com; pimacorp@msn.com; krodriguez@griffithcompany.net; sklein@carasmussen.com; scott.conover@sully-miller.com;jim@smithemerylabs.com; estimating@terrapave.com; estimating@excelpaving.net;jose@coppcontracting.com; raffiot@mincoconstruction.com;jnelson@laeng.net; reza@moalejbuilders.inc; dmatsen@hardyandharper.com; nduron@shawnan.com; raffi@ianthomasinc.com; kreveles@excellpaving.net; Brenda Royster; Deborah Matsen; carol castillo ; Rodriguez, Kristen; jnelson@laeng.net; Karla Reveles;jmartin@excelpaving.net Cc: 'Jim Pugh' Subject: PVDE Addendum#2 Attachments: PVDE addendum 2 combined.pdf Greetings, Attached is Addendum#2 for the PVDE Arterial Roads Rehab project. This final addendum includes detailed storm drain additions,a revised bid schedule,questions received before the deadline and the corresponding responses. If you have questions regarding the addendum feel free to email or call me. The project bid opening is Thursday,January 16,2014 10:00am Thank you! Nicole Jules,Senior Engineer City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 nicolei@rpv.com (310)544-5275 —(310)544-5292 f 1/10/2014 • S CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPART MEN] ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS,SPECIFICATIONS,&STANDARD DRAWINGS FOR THE ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST FROM VISTA DEL MAR TO THE CITY NORTHERLY LIMITS FISCAL YEAR 2011-2012 PROJECT#002912 In accordance with"Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these revisions, deletions, and additions. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents. Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as nonresponsive. The subject contract documents are hereby amended as follows: Item 1 —Reference Specification Page NC-1.The date for submittal of bids is revised. Change the first sentence to read: BIDS MUST BE RECEIVED BY: 10:00 a.m.Thursday,January 16, 2014. Item 2-There are no federal funds included in this project.Delete all references to federal aid funding requirements. Good Faith Efforts and a specific Disadvantaged Business Enterprise(DBE)participation goal are not required; however,the City encourages the use of DBE firms. On Specification Page NC-2,first paragraph,delete the last two sentences referencing federal wage rates. On Specification Page C-6,delete section 20. On Specification Page C-10,Section 42,delete item c.,and references to STP-L funds and federal government.Delete Section 43. Item 3—Transmittal of Bid Addenda.On Specification Page 1-3,change the third sentence to read"...a copy of such Addendum will be mailed,delivered,emailed,or faxed..." Item 4—Project Monument Surveys and Construction Staking. Revise Specification Page SP-13, Item 16 to delete Sections 16.1-16.3,and to incorporate the following clarifications and revisions to required survey services. The City shall provide survey markings for the project Reference Line as shown in the plans at 50 feet stations on Palos Verdes Drive East throughout the entire project area.The City shall also provide for the establishment of existing monuments prior to construction, and the resetting of such monuments and recording of necessary documents with the County after completion of construction. The Contractor shall cooperate with the City's surveyor to accommodate his activities if necessary during construction operations. The Contractor shall be responsible to provide all other survey work as necessary to provide for the proper alignment construction of his work in accordance with the plans. Page 1 of 2 • i Item 5—Clarification of liquidated damages for schedule submittal. On Specification Page SP-4,first paragraph, third sentence, change°$200"to 1500". Item 6—Additional Microsurface Work on Palos Verdes Drive South.The quantities and scope of work for Bid Items 3 TRAFFIC CONTROL,21 MICRO SURFACE SLURRY SEAL WITH CARBON BLACK ADDITIVE,28 REMOVE EXISTING THERMOPLASTIC STRIPING, MARKINGS,AND RAISED PAVEMENT MARKERS,and 30 INSTALL STRIPING, MARKINGS, RAISED PAVEMENT MARKERS, CURB PAINT,AND ADDRESSES shall specifically include the following additional work to repair existing microsurface pavement not shown on the plans. On Palos Verdes Drive South, 100 feet east of Terranea Drive, in the westbound lanes, in an area 260 feet long and 41 feet wide, remove existing striping and raised pavement markers, clean and fill pavement gouges with microsurface slurry, install microsurface slurry over the entire area noted, and replace striping and raised pavement markers in kind.Traffic control and construction phasing shall be incorporated as necessary to construct the work. Striping and markers include the following quantities: 260'of 6"wide white edge line/bike lane line 6 each 12'long white skip lines with 6 red/white raised pavement markers 260'of 8"wide white turn lane line 260'of 4"wide yellow adjacent to median with 13 yellow raised pavement markers 1 each white left turn arrow End of Addendum No.1 Any questions regarding this Addendum should be directed to he P 'ject Manager, Nicole Jules, P.E. at (310)544-5275. 1.1,,,'„/„, I—E'--(4 Michael Throne Date Director of Public Works I acknowledge receipt of this Addendum No.2 and accept the aforementioned. Bidder's Signature •S r�1G%' °', Date Please sign above and include this signed addendum in the Bid package. Failure to do so may result in that Bid being refected as non-responsive. • 0940f-I,'1',KiR`3 13CIAF. :vi`v-1`::HO RL -VEF L'S t,A .1)44 fFlt(3131544,5n2; 0SV'r(w7.5i:C1.1,M; Page 2 of 2 • Page 1of1 Brenda Royster From: Pamela Mitchell [PamM@rpv.comj Sent: Monday, January 06, 2014 2:41 PM To: Chuck Stephan (CStephan@koacorporation.com); ddemila@andpen.com; bmerrell@andpen.com; Public Works;Alberto Ramirez (albertoramirez.ar27@gmail.com); albert@patriotpavinginc.com; mmahler@sequel.mpowermail.com; pimacorp@msn.com; krodriguez@griffithcompany.net; sklein@carasmussen.com; scott.conover@sully-miller.com; jim@smithemerylabs.com; estimating@terrapave.com; estimating@excelpaving.net; jose@coppcontracting.com; raffiot@mincoconstruction.com;jnelson@laeng.net; reza@moalejbuilders_inc; dmatsen@hardyandharper.com; nduron@shawnan.com; raffi@ianthomasinc.com; kreveles@excellpaving.net; Brenda Royster Cc: Nicole Jules; Melissa Murphy; Jim Pugh Subject: Palos Verdes Drive East Rehab. Project Addendum# 1 Attachments: Addendum# 1.pdf;Attendance Sign Up Sheet.pdf Pam Mitchell Administrative Staff Assistant City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 P: 310-544-5253 Email: pamm@rpv.com 1/6/2014 4111 0 }_J j AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation ;, Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and .4.; regulations described in 1(a)and 1(b)as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor ; :: acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 4. Contractor shall comply with and be bound by the provisions of 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 City, `< forfeit two hundred dollars ($200)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker .., is employed for any public work done pursuant to this Agreement by Contractor or by any - `ms' subcontractor. c. 5. Contractor shall comply with and be bound by the provisions of Labor Code -% Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll - records and verify such records in writing under penalty of perjury, as specified in Section 1776, ; ; `i;:. (2) certify and make such payroll records available for inspection as provided by Section 1776, W}, and (3) inform the City of the location of the records. q: 6. Contractor shall comply with and be bound by the provisions of Labor Code , ' Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et 0seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. ft Q.4 7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor ` _ shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, 4 forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by ,, employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall `_ be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. 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: ti". C-19 i 1110 • i J 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 performance of the work of this contract " I9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor .' a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to e` enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. ; 10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, i compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and ':`' each of their officials, officers, employees and agents) in connection with any work undertaken • or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the A ree� I. // Date: I', n Zor Signature 1: de Signature 2: Ix tc4441e , Seedier/441 F, !ii. II III !I t • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that he/she/they executed the same in Commission# 1908379 his/hef/their authorized capacity(ies), and that by his/hef/their f':9Notary Public-California ` z signature(s) on the instrument the person(s), or the entity upon behalf Z J'�• Riverside County ' of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and offici seal. 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 Agreement to Comply with Calif Labor Law —City of Rancho Palos Verdes Document Date: March 24, 2014 Number of Pages: 2 Signer(s)Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas o Individual ❑ Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary o Partner ❑ ❑ Limited ❑General ❑ Partner❑ ❑ Limited❑General RIGHT THUI 1BPRINT FIGHT TH 1'15r'P'VT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt • • [., DRUG-FREE WORKPLACE CERTIFICATION The Drug-Free Workplace Act of 1990, Government Code Section 8350 et. seq. (the "Acte) requires that every person or organization awarded a State contract or grant shall certify that it will provide a drug-free workplace by doing all of the following, as listed in California Government Code section 8355: F (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or 1 organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition. ;f L (2) Establishingdrug-free awareness a g- program to inform employees about all of the following: ,: (A) The dangers of drug abuse in the workplace. (B) The person's or organization's policy of maintaining a drug-free workplace. (C) Any available drug counseling, rehabilitation, and employee assistance programs. (D) The penalties that may be imposed upon employees for drug abuse violations. (3) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required in this certification and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement. • The persons executing this certificate on behalf of the Contractor warrant and represent that they have the authority to execute this certificate on behalf of the Contractor and have the authority to bind the Contractor to the performance of its obligations hereunder. We, the undersigned, understand that the project for which the Contractor is being awarded a contract is funded in whole or in part by a State grant, and we agree to fulfill the terms and requirements of Government Code Section 8355 listed above. We further understand that if the City or State determines that we have either made a false certification herein or violated this certification by failing to carry out the requirements of Government Code Section 8355, the contract awarded herein is subject to termination, suspension of payments, or both, and we or the Contractor may be subject to debarment in accordance with the requirements of Government Code Section 8355 et. seg. We, the undersigned, acknowledge that the Contractor is aware of the provisions of Government Code Section 8350 et. seq., and we hereby certify that the Contractor will adhere to the requirements of the Drug-Free Workplace Act of 1990. Date: Mifttê( 24( uoi% Contractor: ,tet Alk etteMUM504111kr e °'{ Si •. a �" Signature ki faiii-a._ .6414-5 Printed Name Printed Name OM Ct4M-T— Title Title 1 C-21 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2014 before me, Brenda L. Royster,Notary Public , Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument sc BRENDA L.ROYSTER and acknowledged to me that he/she/they executed the same in s.l Commission# 1908379 /their authorized capacity(ies), and that by hielher/their Z• �' Notary Public-California z bz signature(s) on the instrument the person(s), or the entity upon behalf .11 Riverside County D of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my nd and official al. (11,1:09 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 Drug Free Workplace Certification —City of Rancho Palos Verdes Document Date: March 24, 2014 Number of Pages: 1 Signer(s)Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas ❑ Individual o Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary o Partner 0 o Limited o General o Partner U ❑ Limited❑General RIGHT THULIBPPINT RI,HT TH1 i'.l_Iz II.T ❑Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt i • • r. r Child Support Compliance Acknowledgment a J (C'alifornia Public Contract Code section 71 10) .,, ik It is the policy of the State of California that anyone who enters into a contract with a State agency or receives grants therefrom shall recognize the importance of child and family support J obligations and shall fully comply with all applicable State and federal laws relating to child and family support enforcement, including. but not limited to. disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. Contractor hereby acknowledges the policy of the State set forth above. Contractor also acknowledges that to the best of its knowledge it is fully complying with the earnings assignment K, orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department. _ By: `t . -� �� Date: (r l Ii-. t� ?`fZol 51 � "--Printed Name: ,0/1..� ft ' IS a► Title: Vic& PI w a -` well- . :0,, k' t, By: n k----- i' ' Printed Name: WM-4EL 60-164-45 . Title: 71-#.1 t .. i :. t NV 1 II !1 C-22 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that 146414e/they executed the same in /their authorized capacity(ies), and that by 144.641w/theirCommission # 1908379 fD Z signature(s) on the instrument the person(s), or the entity upon behalf ; Notary Public-California n of which the person(s)acted,executed the instrument. Riverside County My Comm.Expires Oct 26,2014+ I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and offici seal._ /J 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 Child Support Compliance Acknowledgement —City of Rancho Palos Verdes Document Date: March 24,2014 Number of Pages: 1 Signer(s)Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas o Individual o Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s):_Secretary o Partner 0 o Limited o General ❑ Partner 0 o Limited o General RIGHT THIPPIBPRINT RIGHT THUf.WITH INT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER CI Trustee Top of thumb here Top of thumb here o Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt Bond Na.7639487 • • Premium:$10,934.00 Premium is for contract term and is subject To adjustment based on final contract price. Executed in:2 Counterparts Bond No. 7639487 PERFORMANCE BOND 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 confracio) ("Principal"), a contract (the "Contract'') for the work described as follows: Arterial Roads Rehabilitation Project No. 002912, Palos Verdes Dr E from Vista Del Mar to the Northerly City Limits 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 Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (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 Seven Hundred Sixty Eight Thousand and 00/100 Dollars ($2,768,000.00 �), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, 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 rights of a party hereto. C-16 • 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: March 18,2014 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland By: ✓ is 'Ari'_�7 pl Its Rebecca Haas-Bates,Attorney-in-Fact By: By: Its ( Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL,AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated. all signatures must be notarized, and evidence of the authority of any pet:ton signing as attorney-in-fact must be attached • C-17 S • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) ho 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/siae/they executed the same in ' his/her/their authorized capacity(ies), and that by 1ais/her/their �z 9. Notary Public-California i signature(s) on the instrument the person(s), or the entity upon behalf 1,1 Riverside County D of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my h d and official al. c../ 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 Performance Bond —City of Rancho Palos Verdes Document Date: March 18, 2014 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary o Partner❑ ❑ Limited o General o Partner❑ o Limited ❑ General RIGHT THUI7BPRINT PI ,t1T;Eii if 1B?F.INT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: ❑ Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt S r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189 State of California County of Orange On 3/18/2014 before me, R.Paramo,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 person(s) whose name(c) is/are subscribed to the within instrument and acknowledged to me that 44a/she/they executed the same in R. PARAMO his/her/t4eir authorized capacity(iee), and that by Commission #2035890 his/her/tsir signaturet(s) on the instrument the -•yss:. + Q+;` Notary Public -California z person(e); or the entity upon behalf of which the Z "' Orange County ' person*}acted, executed the instrument. M Comm. Expires Au 5,2017 X _ _ _ _ _ _ _ _ _ _E I certify under PE Lam'-QE_PERJURY under the laws of the}Stat 'Cali tia that`the foregoing paragraph is true and torrect. WI NESS my hand a 2 official�real. Place Notary Seal Above Sign- e: �� - ail/ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No.:7639487 Document Date: 3/18/2014 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑Partner— 0 Limited ❑General 0 Partner— ❑Limited 0 General ❑Individual FAttomey in Fact 0 Individual 0 Attorney in Fact ❑Trustee ❑Guardian or Conservator 0 Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2013 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No. 7639487 • 411 Premium is included in the performance bond. Executed in: 2 Counterparts Bond No.7639487 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to All American Asphalt-400 East Sixth Street, Corona, CA 92879 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Arterial Roads Rehabilitation Project No. 002912, Palos Verdes Dr E from Vista Del Mar to the Northerly City Limits WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland-777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (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 and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of Two Million Seven Hundred Six Ei•ht Thousand and 00/100 Dollars ($ 2,768,000.00 ) (the "Penal Sum"), 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 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 9100 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 inure to the benefit of any of the persons named in Section 9100 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, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 there under, or the specifications for the same, shall in any way affect its obligations C-i4 • • 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 there under. 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: March 18, 2014 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland ay: / / B De y s ,T" !D '1 -1 V.Fr Attorney-in-Fact • By: By: Its lµl , Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed In duplicate and dared.all signatures must be notarized, and evidence of the authority of any person signing as attorney-in fact must be attached, C:15 i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2014 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that lae/siae/they executed the same in ,-,;`k Commission# 1908379 hisgeritheir authorized capacity(ies), and that by his/her/their �'r� Notary Public-California z signature(s) on the instrument the person(s), or the entity upon behalf ZRiverside County D of which the person(s)acted, executed the instrument. My Comm.Expires Oct 26,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my nit and official al. 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 Payment Bond —City of Rancho Palos Verdes Document Date: March 18, 2014 Number of Pages: 4 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Michael Farkas ❑ Individual o Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary ❑ Partner❑ o Limited❑General o Partner❑ ❑ Limited ❑General RIGHT THI IMBPRINT EIGHT T l UP.PPINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee ❑Other: ❑Other: Signer is Representing: Signer is Representing: All American As I halt All American As•halt • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California County of Orange On 3/18/2014 before me, R.Paramo,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 person* whose name{ is/are subscribed to the within instrument and acknowledged to me that 44e/she/titer executed the same in his/her/tgeir authorized capacity(iee), and that by Hs/her/th it signature(* on the instrument the person(e),, or the entity upon behalf of which the R. PARAMO person(e acted, executed the instrument. .` _ Commission #2035890 a '- Notary Public -California z I ce • er PERJURY under the laws Z :4_v_ '• Z V'' ;, Orange County D o h State of Calif nia thafit a foregoing paragraph My Comm. Expires Au 5,2017 if tru correct. I ITNESS my han nd officia Place Notary Seal Above Signatu . Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No.:7639487 Document Date: 3/18/2014 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑Partner— ❑Limited ❑General ❑ Partner— ❑Limited ❑General ❑Individual PAttomey in Fact ❑ Individual ❑Attorney in Fact 0 Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator D Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2013 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 • 411 • . PRF7639487 Bond Number City of Rancho Palos Verdes Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Geoffrey Delisio,Vice President, in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,constitute, and appoint Rebecca Haas-Bates its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 18th day of March ,A.D. 2014 . ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND wa ptlpjf NOM le0 (SEAL _s(j�f t:A1t a Or 4.�. 'syline.,,r G(C.-.0,,a, '-- • jdoXial d4e1;r. BA Assistant Secretary Vice President Gerald F.Haley Geoffiey Delisio State of Maryland County of Baltimore On this 781h day of March ,A.D. 2014 ,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Geoffrey Delisio,Vice President and Gerald F.Haley,Assistant Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. otitrek :°: os z' t /. ' ' !' Constance A.Dunn,Notary Public , ' Mr*".-" My Commission Expires:July 14,2015 .,".k 111 ,1``�:, 110 I EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V,Section 8,of the By-Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and 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 seals of the said Companies, this 18th day of March 2014 ocrof,10 ,►t�iN� Waft)), 11 40.46 A6 . eft Thomas O.McClellan,Vice President