All American Asphalt (Aug 2007) RE�i]t�DING REQUt STED BY: W
= City of Rancho Palos Verdes ! 3
WHEN RECORDED MAIL TO: r y
City Clerki 05/28/08 a
NamCity of Rancho Palos Verdes 0 =
ret
30940 Hawthorne Blvd. 111111
I
111111 111 111111 Palos Verdes
City
20080937172
37172 C4
=� A fD
zip 90275 n
L =
CO
Space above this line for recorders use `,
WOLCOTTS FORMS INC. • • SIN• C)
n
NOTICE OF COMPLETION 03
Notice pursuant to CMI 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 of the owner is 30940 HaWTHORNE Blvd. Rancho Palos Verdes, CA 90275
4. The nature of the interest or estate of the owner is:In fee.
(If other than Fee,strike in fee-and insert,for example.'purchaser under contract of purchase,'or"Lessee'
5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on 3/24/08 .The work done was:
Resurfacing Hawthorne Rlvd_
8. The names of the contractor,if any,for such work of improvement 4a1 1 American Asphalt Company
8/7/2007
(If no contractor for work of improvement as a whole.insert'None) (Date of Contract)
9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes
County of LO s Angeles ,State of CA ,and is described as follows:
•
10. The street address of said property is Hawthorne Blvd. (SilverpSpur to the North City
Limit) southbound PVDWest (Wes n011l. rt'11if1tl"'° ' w 'horhe Blvd.
and a short segment of northbound PVD est (Hawthorne Blvd. to
400 ft. south of co .en rove a
Dated 5/20/08 �)
(Signature of Owner or corporate officer of Owner named in paragraph 2.or his agent)
City of Rancho Palos Vcrdcs
City Cle?RIFICATION
I,the undersigned,say:I am the ,the Declarant of the foregoing Notice of Completion;
(President of,Manager of,Partner of,Owner of.etc.)
I have read said Notice of Completion and know the contents thereof;the same is true to my own knowledge.I declare under penalty of
perjury that t - foregoing is true and correct.
_ 20 6B at City of rancho Palos Verdes, , CA
Executed on get4-&_LAP-fAial-C_-)
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
11111111Before you use this form fill in all blanks,and make whatever changes are appropriate and necessary
to your particular transaction .Consult a lawyer if you doubt the form s fitness tor 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. ®2005 WOLCOTTS FORMS,INC.
FORM 1114 Rev.10-05
•
•
DO NOT RECORD THIS PAGE
REQUIREMENTS AS TO NOTICE OF COMPLETION
Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the
work of improvement (to be computed exclusive of the day of completion) as provided in Civil
Code Section 3093.
The "owner" who must file for record a notice of completion of a building or other work of
improvement means the owner (or his successor in interest at the date the notice is filed) on
whose behalf the work was done; though his ownership is less than the fee title. For example,
if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then
B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the
notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for
giving of the notice by only one co-tenant), but the names and addresses of the other co-
owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the
names and addresses of his transferor or transferors.
In paragraphs 3, 5 and 6, the full address called for should include street number, city,
county, and state.
As to paragraphs 7 and 8, this form should be used only where the notice of completion
covers the work of improvement as a whole. If the notice is to be given only of completion of a
particular contract, where the work of improvement is made pursuant to two or more original
contracts, then this form must be modified as follows: (1) Strike the words "A work of
improvement" from paragraph 7 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., "The foundation for the improvements");
(2) Insert the name of the contractor under the particular contract in paragraph 8.
In paragraph 8 of the notice, insert the name of the contractor for the work of improvement
as a whole. No contractor's name need to given if there is no general contractor, e.g. on so-
called "owner-builder jobs."
In paragraph 9, insert the full, legal description, not merely a street address or tax
description. Refer to deed or policy of title insurance. If the space provided for description is
not sufficient, a rider may be attached.
In paragraph 10, show the street address, if any, assigned to the property by any
competent public or governmental authority.
C.
r a1 • ' ((1 :
•1 ' _t
- This page is part of your document- DO NOT DISCARD -
W.: 20080937172 003es:
101111111111 HI
II
Recorded/Filed in Official Records Fee: 13.00
Recorder's Office, Los Angeles County,
California Tax: 0.00
05/28/08 AT 10:27AM Other: 0.00
Total: 13.00
1986429 200805280030013 Counter
TITLE(S) :
1111 0 Ill 111A
LEAD SHEET
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
- E492350 THIS FORM IS NOT TO BE DUPLICATED -
• •
WARRANTY/
Bond No: 088 92 008
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 EIGHT HUNDRED THIRTY SIX THOUSAND,SIX HUNDRED SIX & 93/100 ths
DOLLARS,lawful money of the United States of America,to be paid to the said Obligee,or its successors or assigns,4$836,606.93
the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, DOLLARS
successors and assigns,jointly and severally,firmly by these presents.
SIGNED,sealed and dated this 14th day of MAY 2008
WHEREAS,the Principal entered into a contract with the said Obligee,dated AUGUST 7, 2007
for ARTERIAL STREET RESURFACING PROGRAM, HAWTHORNE BLVD FROM SILVER SPUR ROAD TO NORTH
CITY LIMIT, FEDERAL PROJECT NO. STPL-5413(007) '
and,
WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said
contract and
WHEREAS,said contract was completed and accepted on the 30th day of APRIL 2008
•
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall remedy,without
cost to the Obligee,any defects which may develop during a period of ONE (1) YEAR
from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior
materials or workmanship,then this obligation shall be void:otherwise it shall be and remain in full force and effect.
ALL AMERICAN ASPHALT
A ST: i
By: /
..0%;a" • ja�y�1 1. ► / — ( , -
11 4,,t
FIDELI !f_. ?."-;"- aler::10./•F MAR I_ ND
r, itrir/
I WEN M. B•OWN ,Attorney-in-Fact
CON80010ZZO601 f
• • .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On May 15, 2008 before me, Brenda L. Royster,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley
Name(t}of Signer$gf
7
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/she/they executed the same in
BRENDA L. ROYSTER his/her/their authorized capacity(ies), and that by his/her/their
Commission # 1700922 signature(s) on the instrument the person(s), or the entity upon behalf
-<i‘,..
"6, Notary Public -California 7. of which the person(s)acted,executed the instrument.
€ n� ► Riverside County
l,. MyConm.ExpiresOct 26,2010 + 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 seal. �
Signature - / v
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 Maintenance Bond—City of Rancho Palos Verdes
Document Date: May 14, 2008 Number of Pages: 3
Signer(s) Other Than Named Above: Owen M. Brown, Attorney-In-Fact
Capacity(ies)Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name:
❑ Individual o Individual
x Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s):
❑ Partner—❑ Limited o General o Partner—❑ Limited o Gen- -I
RIGHT THUR1BPRINT RIGHT THULISPRINT
o Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
12 Trustee Top of thumb here Top of thumb here
o Trustee
o Other: o Other:
Signer is Representing:
Signer' Representing:
All American As•halt
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
^.-^w^�^,�C`r?^�^'_:'C"�!`,���. � ��?wr...:�••T7.•,,'Swas!.�tF.n1:^;'`fK:?.-... ��;7��R^.^.:^r�`_A;^•�tC..CT`_^."'S,-.'�F '�:^_.^`'.C75.^.
State of California
County of ORANGE
On 5-14-08 before me, BARBARA J. BENDER, NOTARY PUBLIC
Dale New risen Name mediae of the olioer
personally appeal OWEN M. BROWN
Nano)of eipneQI)
rdh."."4‘46'411°"4"46.i.a..ahow BARBARA J.BENDER who pfd to me on basis of Y evidenceto
^�;) Commission#1494946 be the person(a) whose name(*) is✓mo s to the
. Notarypublic-California I,i u u 11ertt and ackno to me that
Orange County h�i socecJted the same in his r authorized
My Comm.Expires Jul 13,2008 D .), and that by hisitendielr s Jre(•) on the
instrument the person(6), or the entity upon behalf of
which the person(4)acted,e9cecuted the instrument.
BARBARAJ.BENDER
: ?R; Comrtdsson*1494946 r I certify under PENALTY OF PERJURY under the laws
Notary -Calttomic yt of the State of = ' •mia that the foregoing paragraph is
Orange County
My Comm.ExpliesJW 13, -.I •,
- - WITNESS -
fi /
Signature ����' L '
/.at.a��✓!►4G�
Place Notary Sad Above Stratum =r.•
OPTIONAL
Though the information below is not required by law it may pcaea,Fakreble to persons relying on the dblxsnent
and could prevent fraudulent removal and reattachment of this farm to another document
Description of Attached Document
Title or Type of DocumentWARRANTY/MAINTENANCE BOND NO. 088 92 008
DocumentDate: 5-14-08 • Number of Pages: ONE--(1)-
Signer(s)
NE--(1)-
Signer(s)Other Ttfan Named Above: ALL AMERICAN AS'.HALT
Capacity(ies)Claimed by Signer(s)
Signer's Name: OWEN M. BROWN Signer's Name:
❑ Individual 0 Individual
❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General _ __ - LSP ner—❑Unified ❑General
=Attorney in Fact L = 0 Attorney in Fact t o SIGNED
O Trustee Top of thumb here 0 T Top of thumb here
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other. ❑Other: •
Signer Is Representing: Signer Is Representing:
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND -
-:'.r ..v�v v --...`..1�/r.,"•-::iLv�%v-':i—.-;vt-.i:.'.%-.�—._.':�� �� _
02007National Notary A-ode6on.9360DaSobPAa1
Awe.. B2402•Chalsware►.CA913132402• ham#5907 ReorderCalTol•Ftee1.800.8768827
•
• • •
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary,
in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company, .: as+are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date .�- e 01,07.Y-by nominate,constitute
and appoint Owen M.BROWN,of Anaheim,California, its true and ier4 14 .`r•i • o Liu; act,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act • : '- 'tincri l al akings,and the
execution of such bonds or undertakings in pursuan tat P' ,s a;`s�.� y on said Company,as fully and
amply,to all intents and purposes,as if;- ,�„,mss►„ ' ' .Fi4 -xe -,u1i ASR ged by the regularly elected officers of
the Company at its office in Ba .. a rr atiDrk aer . olr� �. . r .��.. This power of attorney revokes that issued on
behalf of Owen M. G'�c��' .at .. .ru• ,0,3 .►►11
The said Assistant . ••4- 4a = a. ' u•t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- zi, : y .- .any,and is now in force.
IN WITNESS '. jOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December,A.D.2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
DUN,.
'O
W my / //j /
By:
Eric D.Barnes Assistant Secretary William J.Mills Vice President
State of Maryland ss:
City of Baltimore f
On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES,Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above
written.
IlG1y'•�y
99tgAti-k,$'E 1fIG:F�C" n
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 012-4160
• • •
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 14th day of MAY , 2008
Assistant Secretary
• •
EXECUTED IN TWO (2) PARTS
Bond No. 088 92 008
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
W,IEREAS the CITY OF RANCHO PALOS VERDES
("Public Agency"),has awarded to
ALL AMERICAN ASPHALT
400 EAST SIXTH ST, CORONA, CA. 92879
(Name and address of Contractor)
("Principal"), a contract(the "Contract") for the work described as follows: Arterial Street Resurfacing
Project.Hawthorne Boulevard froni.ilver Spur Road to North City Limit.Palos Vc d seg Drive West from
West iti Limit to t, 0Feet South of Hawthorne Boulevard,Federal Project No. S -541 (00
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
807 NO. BRAND -BLVD, GLENDALE, CA. 91203
(Name and address ofSti rery)
("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
EIGHT HUNDRED EIGHTY SIX THOUSAND. SIX HUNDRED AND NQf100ths.-'-
Dollars(S 886,600.00 ), 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 hind ourselves,our heirs,executors,administrators,
successors,and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF TFTIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his, her
or its heirs,executors,administrators,Successors or assigns,or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code, or any amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the Contract or for any
amounts required to be deducted,withheld,and paid over to the Employment Development Department
from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the
Unemployment hisurance Code,with respect to work or labor performed under the Contract,the Surety
will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this
obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give x 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 tv 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.
SPC06.6 C-5
•
• •
•
IN WITNESS WHEREOF, two(2) identical counterparts of this instrument,each of which shall.for all
purposes be deemed au 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 represontative(s)pursuant to authority of its governing body.
Dated: AUGUST 13, 2007
"Principal" "Surety"
• FIDELITY AND DFPO.S.IT COMFANL_
ALL AMERICAN ASPHALT - OF MARS t ,Ade
<1001,,r/
BY: /� .� By:
� W.45 .x-1 ) isTTO- FACT
OWEN BROWN
B Its KKTSCAS, Ser (TQa4'�C y�
Thits
(Scop) (seoO
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 mnut be executed in duplicate and dated,all signatures mon be notarised,and evidence of she authority of any
person sig ningas attorney-in-fact must be attache:1
SPC06-63 C -
CALIFORNIA ALL-PURPOSE AC WLEDGMENT ' '
--u ,_n-u-u-,..1-u-- uI-'u-.i v l�a1 L., , v v v v v ,,--L., v v L.
I�
State of California 1
County of Riverside 1 ss. !C
r
C
On August 15, 2007 before me, Brenda L. Rooster, Notary, 5
Date Name and Title of Officer C
Personally appeared Robert Bradley and Thomas Toscas C
Name(s)of Signer(s)
lC
C
X personally known to me C
of C
���+�, BRENDA L. ROYSTER
��_l ,�.1=_� Commission # 1700922 to be the person(s)whose name(s)
i"r2.5. . Notary Public -California : #blare subscribed to the within instrument
7, Riverside County and acknowledged to me that helshe/they
P1yCorrrnEx resOct26,2010t executed the same in Ther/their authorized
—— •————` — — capacity(ies),and that byer/their
signature(s)on the instrument the person(s)
or,the entity upon behalf of which the person(s) IC
acted,executed the instrument. IC
Iz
WIT SS my hand and official s c
-
C
Signature of Notary Public
C
Ic
IC
q
OPTIONAL
ICI
Though the infom►ation below is not required by law, it may prove valuable to persons relying on the 'C
document and could prevent fraudulent removal and reattachment of this form to another document c
c
Description of Attached Document C
Title or Type of Document: Payment Bond -City of Rancho Palos Verdes
•
Document Date: August 13, 2007 Number of Pages: 4
C
Signer(eOther Than Named Above: Owen M. Brown, Attorney-In-Fact c
c
Signer's Name: c
Individual IC
XCorporate Officer Title(s): President and Sec./Treasurer
_Partner- Limited General
_Attorney-in-Fact Top of thumb here c
_Trustee C
_Guardian or Conservator c
Other: c
c
Signer is Representing: All American Asphalt C
c
C
c
C
c
CI
r1_, WL 2rS—r 111-12111Lr
_1L( w_ L L1�Lr
J • • . .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r.,1....cs. 5! .! k.T.1-KVTat...s v.•7iNt.. ....•�er�e.9a..ylrG4ac,.�.... — -,ii:catI ..+u.:•a..s. tC.�.:�a &' mac,.- . I
(! I
I.
(.
‘ State of California
ss. ?�
County of ORANGE I
On 8-13-07 before me, BARBARA J. BENDER
Dale lams and Tele of Max(e.g.,'Mn.Doe,Noah Pude) ' $i I
personally appeared OWEN M. BROWN
Names)Cl Signals)
ds)
known to me
F.XXIMINEEMBECNICSOCZNACCOMDERIMKX 9
Ca
( .� BARBARA J.BENDER 9
s Commission#1494946 '1
r1i: to be the person(o) whose name(s) is1�
i + Notary Public-California
q subscribed to the within instrument and $1
ii Orange Orange County acknowledged to me that hefjexecuted f.I
��
c My Comm.Expires Jul 13,200_ _ _ _ � _ _ _ _ the same in his/flikailiF authorized
'. capacity(, and that by hist
signatures on the instrument the person(,or
( the en upon behalf of which the person(
(� �,t- +
BARBARA BENDER act:- = ecuted the instrument. v
;; n...._ Ca cion a 1494946 .Ap
•
Sigrease d v.
I
OPTIONAL
k Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
(h fraudulent removal and reattachment of this form to another document
Ce Description of Attached Document
Title or Type of Document: PAYMENT BOND NO. 088 92 008
I•
1 Document Date: 8-13-07 Number of Pages: TWO (2) (
1.
Signer(s)Other Than Named Above: ALL AMERICAN ASPHALT s,
>I
1e Capacity(ies)Claimed by Signer '
' Signer's Name: OWEN M. BROWN
• 0 Individual Top of thumb here
0 Corporate Officer—Title(s):
❑ Partner—❑limited ❑General
xli Attorney-in-Fact ,�'s'
( ❑ Trustee ;S
❑ Guardian or Conservator
❑ Other.
111
t.; Signer Is Representing: FmET.TTY ANn DEPOSIT CnMPANY
OF MARYLAND
O 1999 National Notary Aseodalon•9350 De Soo Ave..P.O.Sox 2402•Chatsworth,CA 91313.2402•wmanagonainolergarg Prod.No.5907 Reader.Cal Tol F,ee 1-5006766827
• • •
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary,
in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company, �' *are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date hee.0.0u by nominate,constitute
and appoint Owen M.BROWN,of Anaheim,California, its true and . act,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act „aril, • al a I •�� �I t • •kings,and the
execution of such bonds or undertakings in pursuan �'u�•: .,+ s,s .r syr ,1� -on said Company, as fully and
amply,to all intents and purposes,as if t �H. '+ p 4 1 xe c j i� a e my: "moi ged by the regularly elected officers of
the Company at its office in Bal '' trr heir . . ager . . This power of attorney revokes that issued on
behalf of Owen M. CSN a at.. - - ru �,
The said Assistant c • . •.:+.�1'`•AA . f}y'that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- 411:11‘7.,* . pany,and is now in force.
IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December,A.D.2004.
AFIEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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By:
Eric D. Barnes Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore
On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
AD 7
Maria D.Adamski Notary Public
My Commission Expires: July 8,2007
POA-F 012-4160
• •
• ••
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13th day of AUGUST , 2007 .
i% • 7
6
Assistant Secretary
• EXECUTE N TWO (2) PARTS •
Bond No. 088 92 008
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 ST, CORONA, CA. 92879
(Nome and address of Conu cIor)
('Principal"),a contract(the"Contract")for the work described as follows: Art. to ial Street Resurfac
Protect HawthorneBoulevard from Silver Spur Road to No Cit+ Limit. Palos Verdes Drive West
from West City Limit to I x35f1 Feet South of Hawthorne Boulevard. Federal onset Np.'STPL-5413
(AO7)
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
801 NO. BRAND BLVD, GLENDALE, CA. 91203
(Name and address ofSSrreq)
("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 thee penal sumANoy1dQ tis
EIGHT HUNDRED EIGHTY SIX THOUSAND, IX
Dollars($ 886,600.00 ), 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, tears,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
SPCO6-63 C -7 •
•
• •
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.
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: AUGUST 13, 2007
"Principal" • "Surety"
Er] ELITy_AND DEPOSIT COMPANY'
ALL AMERICAN ASPHALT OF YLAND /
Its Rell� Fi By: Its A TORNEY--IN—FACT
OWEN M. BROWN
By: / Via''-tea"` By:
ItsPivos-rtrioni Sea.f rt lt8 RE its--
Oe° ea4J.
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
PRINCIPAL AMOUNT
RICHARDS,WATSON&GERSHON
A Professional Corporation
By: By:_..-
Insurance Administrator Public Agency Attorney
Nose: This bond must be executed in duplicate and doted ail signatures mast be notarised and evidence of the authority of any
person signing os attorney-In-fact mum be attached
•
SPC06-63 C.-8
CALIFORNIA ALL-PURPOSE AC WLEDGMENT ' '
_ c
ICC
State of California c
c
c
c
County of Riverside 1 ss. 'c
c
On August 15, 2007 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
Name(s)of Signer(s)
X personally known to me C
_ f
s4tisteetoryrevidenee C
BRENDA L. ROYSTER to be the person(s)whose name(s) C
f Commission # 1700922 *fare subscribed to the within instrument
<'" t'+ Notary Public -California > and acknowledged to me thatte/ehe/they
'� Riverside County -
executed the same in hpHser/their authorized
Comm. 'esOct 26,2010 capacity(ies),and that by hierlrer/their C
signature(s)on the instrument the person(s) C
or,the entity upon behalf of which the person(s) C
acted,executed the instrument. C
C
WIT;ESS my hand a jd official ,-al, , c
/ / # . /. _ ,4f/ IC
Signature of Notary Public i
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document cl
Description of Attached Document
Title or Type of Document: Performance Bond -City of Rancho Palos Verdes
Document Date: August 13, 2007 Number of Pages: 3
CI
C
Signer(arOther Than Named Above: Owen M. Brown, Attorney-In-Fact
Signer's Name:
Individual
XCorporate Officer Title(s): President and Sec./Treasurer
_Partner- Limited_General
_Attorney-in-Fact Top of thumb here C
C,,
_Trustee c
_Guardian or Conservator c
Other: c
_c
Signer is Representing: All American Asphalt c
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III •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
;:.cwt.e� 3�c!.`,�:< .•. ,,G -• -••r,-v-v;t,..' v:. " .CS‹' `l'T.c` `t�.i^G-��- , `t>.p.-.
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State of California L,,
County of ORANGE
kg
s'
IQ On 8-13-07 before me, of
J. BENDER '1,1
t
1Osie me and Title Officer(e.g..Jane Doe,WaryPublic') S 1
personally appeared OWEN M. BROWN 'SIk Names)of Slgne4s)
zta personally known to me
xuaceetnareamtectonaccommatna- 7 ai
4 BARBARA J.BENDER to be the person() whose name() isAllt ?1
.4 A011W.
Commission# 1494946 subscribed to the within instrument and ''Siif
i �,g Notary Public-California acknowledged to me that her- executed
ri;/r
Orange County the same in his/Willifar authorized
- My Comm.Expires Jul 13,2008 capacity(m), and that by his1�C y
(i signature()on the instrument the person(),or :J
( the t upon behalf of which the person() >1
811Ra11RAJ• act d,a ecuted the instrument.
i ;! li 1`_ Commission i 1494946 ;1
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OPTIONAL
C Though the information below is not required by law,it may prove valuable to persons relying on the doannent and cook!prevent
(4 fraudulent removal and reattachment of this form to another document. I
�. Description of Attached Document
( PERFORMANCE BOND NO. 088 92 008
� Title or Type of Document:
i .1
Document Date: 8-13-07 Number of Pages: TWO (2) •
,11
I Signer(s)Other Than Named Above: ALL AMERICAN ASPHALT �,i1
15
= Capacity(ies)Claimed by Signer
1Signer's Name: OWEN M. BROWN
❑ Individual Top or thumb here
di 0 Corporate Officer—Title(s):
11, ❑ Partner—❑Limited 0 General
S xlil Attorney-in-Fact
❑ Trustee 01
Yt ❑ Guardian or Conservator
❑ Other.
rl
, Signer Is Representing: Frnyr.TTY Atoll DEPOSIT CnNPANY r
( OF MARYLAND '
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0 1999 National Notary Aasodatlon•9350 Ds Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•rwrw.ne6orWnoaryag Prod.No.5907 Reorder:Cad Tol-Free 1.800478-6827
• •
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
ARTERIAL STREET RESURFACING PROJECT
HAWTHORNE BOULEVARD FROM SILVER SPUR ROAD TO NORTH CITY LIMIT
PALOS VERDES DRIVE WEST FROM WEST CITY LIMIT TO 1,350 FEET
SOUTH OF HAWTHORNE BOULEVARD
FEDERAL PROJECT NO. STPL-5413 (007)
THIS AGREEMENT is made and entered this / r day oil/kr": 200 b and betweenthe
CITY OF RANCHO PALOS VERDES,hereinafter referred to as and LC 104,eur.m. Amax
hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated
by this reference,and
WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract,
including the Proposal,and
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such
responsibility;
NOW,THEREFORE, the parties hereto do agree as follows:
1.Scope of Services. City hereby employs Contractor to perform the work and provide the services and
materials for the project identified as: Arterial Street Resurfacing Project, Hawthorne Boulevard from
Silver Spur Road to North City Limit, Palos Verdes Drive West from West City Limit to 1,350 Feet
South of Hawthorne Boulevard, Federal Project No. STPL-5413 (007), as described in these Plans and
Specifications, attached hereto and incorporated herein by this reference, including miscellaneous
appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as
stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint
Cooperative Committee, Southern California Chapters of the American Public Works Association and the
Associated General Contractors of America,document entitled "Standard Specifications." In the event of
any conflict between the terms of this agreement and any of the above-referenced documents,the terms of
this agreement shall be controlling.
2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid
according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of
these Plans and Specifications and in accordance with the Special Provisions.
3. Independent Contractor. It is specifically understood and agreed by all parties hereto that
Contractor is, for the purposes of this Agreement, an independent contractor and not an employee
of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose
whatsoever. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever for or against City.
4. Assignment. This agreement may not be assigned by Contractor, in whole or in part,without the
prior written consent of City.
SPC06-63 C - 1
• . . •
5. Termination. This Agreement may be canceled by City at any time without penalty upon thirty
(30) days' written notice. In the event of termination without fault of Contractor, City shall pay
Contractor for all services rendered prior to date of termination, and such payment shall be in full
satisfaction of all services rendered hereunder.
6_ Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its employees. In
accordance with the provisions of California Labor Code Section 1861, the Contractor hereby
certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to 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."
7. Prevailing Wages. CONTRACTOR acknowledges the provisions of the State Labor Code
requiring every employer to be insured against liability for workers' compensation, or to
undertake self-insurance in accordance with the provisions of that code and certifies compliance
with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor
Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for
each craft, classification, or type of workman needed to execute this contract CON IRACTOR
further acknowledges that this is a federally assisted construction contract and that federal labor
standards provisions, including prevailing wage requirements of the Davis-Bacon and Related
Acts, will be enforced. 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.
8. Suit; Recovery of Attorney Fees & Costs. Should either party bring any action to protect or
enforce its rights hereunder, the prevailing party in such action shall be entitled to recover, in
addition to all other relief,its reasonable attorneys fees and court costs.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first
above written_
CITY OF RAN r H I P•, 0 ERDES ,
By:
Mayor
A I1EST:
By: ( � ��C-� 1
City Clerk
CONTRACTOR:
By:
Vcto P exyr
ZoBetT g RAD Ley g-t
Printed Name Date
SPC06-63 C - 2
CALIFORNIA ALL-PURPOSE ACK. •WLEDGMENT , .
ri-v-kr-L. J--ry-L-lrzn -lnry a-v j
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State of California
IC
County of Riverside ss.
On August 15, 2007 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley c
Name(t)-of Signer(,j' LC
C
X personally known to me 1c
C
�is BRENDA L. ROYSTER s
.�,`� Commission # 1700922 to be the person(e}whose name* C
" 441 Notary Public -California C
_� j'rCounty > is/ale subscribed to the within instrument C
�" Riverside and acknowledged to me that he/sley
Comm. Oct26,2010 executed the same in his/herrir authorized 'C
capacity(ibst,and that by his/tear
signature( on the instrument the person(e- C
or,the entity upon behalf of which the person()- C
acted,executed the instrument. C
C
WITN SS my hand officeal,
Signature of Notary Public IC
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OPTIONAL lc
IC
Though the information below is not required by law, it may prove valuable to persons relying on the 'C
document and could prevent fraudulent removal and reattachment of this form to another document C
C
C
Description of Attached Document
Title or Type of Document: Contract-City of Rancho Palos VerdesLH
Document Date: August 15, 2007 Number of Pages: 5 c
SignerOther Than Named Above: None
Signer's Name:
Individual
XCorporate Officer Title(*President
_Partner- Limited_General 1
_Attorney-in-Fact Top of thumb here 1
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
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• •
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement cavy, maintain, and keep in full force
and effect, with an insurance company admitted to do business in California and approved by the City(1)
a policy or policies of broad-form comprehensive general liability insurance with minimum limits of
$5,000,000.00 combined single limit coverage against any injury, death, lose, or damage as a result of
wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors
in performance of services under this Agreement, (2) property damage insurance with a minimum limit of
$1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of
$5,000,000.00; and (4) workers' compensation insurance with a minimum limit of$1,000,000.00 or the
amount required by law,whichever is greater. The City,its officers, employees,attorneys,and volunteers
shall be named as additional insured on the policy(ies) as to comprehensive general liability, property
damage,and workers' compensation coverages.
1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance
in California, or carriers with a rating of, or equivalent to, A_VII by A.M. Best &
Company. Any deviation from this rule shall require specific approval, in writing, from
the City.
2. All insurance policies shall provide that the insurance coverage shall not be non-renewed,
canceled, reduced, or otherwise modified (except through addition of additional insured
to the policy) by the insurance carrier without the insurance carrier giving the City thirty
(30) days prior written notice thereof. The Contractor agrees that it will not cancel,
reduce or otherwise modify said insurance coverage.
3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, the City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be
deemed an obligation of the Contractor and the cost of such insurance may be deducted,
at the option of the City, from payments due the Contractor.
4. The Contractor shall submit to the City (1) insurance certificates indicating compliance
with the minimum workers' compensation insurance requirements above, and (2)
insurance policy endorsements above, not less than one (1) day prior to beginning of
performance under this Agreement. Endorsements must be executed on the City's
appropriate standard forms entitled "Additional Insured Endorsement," copies of which
are attached hereto.
SPC06-63 C - 4
• •
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works
and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof
as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the
work to the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure
to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than
fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the Director of Industrial Relations for the work or craft in
which the worker is employed for any public work done under the contract by Contractor or by
any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (I) keep accurate payroll records, (2)certify and
make such payroll records available for inspection as provided by Section 1776, and (3) inform
the Agency of the location of the records. The Contractor is responsible for compliance with
Section 1776 by itself and all of its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that
Contractor is responsible for compliance with Section 1777.5 by itself and all of its
subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to
the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the
contract by the Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours
in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3
of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of
California Labor Code Section 1861,Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this contract"
Date S—/ Q 7 Signature
SPC06-63 C - 1 0
• •
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/permit No. or description:
ttgF4c.t Li& &ea - `SPL-5413(oo?)
Indemnitors) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to
defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected
officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively
"Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses,judgments,penalties, liens, and losses of any nature whatsoever,
including fees of accountants, attorneys, or other professionals and all costs associated therewith
(collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with,
resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers,
agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or
employees,arising or claimed to arise,directly or indirectly, out of, in connection with,resulting from,or
related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the
performance or failure to perform any term,provision,covenant,or condition of the Agreement, including
this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or
subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence. This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is
not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,
and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and
costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing,nothing in this
instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the
limited extent that the underlying Agreement is subject to Civil Code 2782(a)or(b)the contracting public
agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code
2782(b). This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements
which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence
by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all
obligations,liabilities,covenants and conditions under this instrument shall be joint and several.
"Indemnitor"
Name
Name �_`.�T}1c 1w 3J T SCP's
By: /"
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