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CITY OF TEMPLE CITY
PUBLIC WORKS CONTRACT
STPL-5365(010)
PEDESTRIAN AND BIKE PATH SAFETY IMPROVEMENTS
ON TEMPLE CITY BLVD FROM EL CAMINO REAL AVE. TO ELLIS LANE
& ROADWAY IMPROVEMENTS (STPL)
CITY PROJECT ID: P15-06
THIS AGREEMENT ("Agreement') is made and entered into this 20 day of
Jvwr. , 201-1 , by and between the CITY OF TEMPLE CITY, a
Municipal Corporation located in the County of Los Angeles, State of California
("CITY"), and All American Asphalt, [a corporation/partnership/limited liability company
corporation, located at P.O Box 2229 Corona, CA 92878 ("CONTRACTOR"),
collectively referred to as the Parties.
RECITALS
A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted
on or before May 2. 2017, for the following:
STPL-5365(010)
PEDESTRIAN AND BIKE PATH SAFETY IMPROVEMENTS
ON TEMPLE CITY BLVD FROM EL CAMINO REAL AVE. TO ELLIS LANE
& ROADWAY IMPROVEMENTS (STPL)
CITY PROJECT ID: P15-06
in the City of Temple City, California ("Project').
B. At 2:00 PM (PST) on said date, in the Temple City Council Chambers, the bids
submitted for the Project were opened.
C. At its regular meeting held on J\)WE 20 1 "L01-1 the City Council of
CITY accepted the bid of CONTRACTOR for the Project as being the lowest
responsive bid received and directed that a written contract be entered into with
CONTRACTOR.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, the parties do hereby agree as follows:
1. CONTRACT DOCUMENTS. This Agreement consists of the following
documents ("Contract Documents"), all of which are made a part of this Agreement:
(a) Notice Inviting Bids
(b) Instructions to Bidders
(c) Bid Form
(d) Bid Proposal and/or Contract Proposal, as accepted, including the
Certificate of Bidders' Experience and Qualifications and the List of Subcontractors
(e) Information Required by Bidder
(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
Q) Contractor's Certificate Regarding Workers' Compensation
(k) Security for payment (labor and materials)
(1) Security for performance
(m) Certificate(s) of Insurance
(n) General Conditions/Specifications
(o) Special Provisions
(p) Plans and Standard Drawings
(q) Prevailing Wage Scales
(r) Standard Specifications for Public Works Construction, including
subsequent addenda and supplements
(s) Change orders issued by the City and signed by the Contractor pertaining
to the Contract after the Contract is awarded to Contractor
(t) All addenda issued by the City with respect to the foregoing prior to the
opening of bids, including, Addenda Nos.
(u) Other documents (list here or delete)
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In the event there is a conflict between the terms of the Contract Documents, the more
specific or stringent provision shall govern.
2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the
Project and to fulfill all other obligations as set forth in the Contract Documents
("Work"). Except as specifically provided in the Contract Documents, CONTRACTOR
must furnish all of the labor, materials, tools, equipment, services and transportation
necessary to perform all of the Work. CONTRACTOR must perform all of the Work in
strict accordance with the Contract Documents.
3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and
accept the total amount of One Million One Hundred and Thirty Nine Thousand Onev
Hundred and Fifty Dollars ($1.139.150), based upon those certain unit prices set forth
in CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference, as full compensation for the Work. Said
compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance, including
those for well and faithfully completing the Work in the manner and time specified in the
Contract Documents, and also including those arising form actions of the elements,
unforeseen difficulties or obstructions encountered in the prosecution of the Work,
suspension or discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work. CITY shall retain five percent (5%) of the
compensation until the provisions of Section 14 herein have been met. CITY hereby
agrees to pay CONTRACTOR at the time, in the manner, and upon the conditions set
forth in the CONTRACT DOCUMENTS.
4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply
with all of the provisions of State and Federal law with respect to the employment of
unauthorized aliens, including without limitation the Federal Immigration and Nationality
Act (8 USCA 1101, et seq.), as amended. Should CONTRACTOR employ one or more
unauthorized aliens for the performance of the Work, and should the Federal
Government impose sanctions against the CITY for such use of unauthorized aliens,
CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
sanctions imposed, together with any and all costs, including attorney's fees, incurred
by the CITY in connection therewith.
5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents
and warrants that:
(a) It is not currently, and has not at any time within the past five (5) calendar
years been, suspended, debarred, or excluded from participating in, bidding on,
contracting for, or completing any project funded in whole or in part by program, grant
or loan funded by the federal government or the State of California; and
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(b) CONTRACTOR currently has, and for the past five (5) calendar years has
maintained in good standing, a valid California contractor's license; and
(c) CONTRACTOR is registered with the Department of Industrial Relations
to perform services on public works projects as required by Labor Code section 1725.5.
CONTRACTOR agrees to complete and execute any statement or certificate to this
effect as may be required by the City or by any federal or State of California program,
loan or grant utilized on this Project.
6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work
on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the
Director of Public Works of CITY, and shall complete work on the Project within Sixty
(60) working days after commencement.
7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, martial status, sex, age, or sexual orientation in the performance of this
Agreement, and shall comply with the provisions of the California Fair Employment and
Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government
Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all
amendments thereto; Executive Order 11246; and all administrative rules and
regulations issued pursuant to such acts and order.
8. LABOR CODE REQUIREMENTS.
(a) CONTRACTOR is aware of and agrees to abide by the provisions of
California Labor Code Sections 1720, et seq., as well as Sections 1771, 1773, 1773.1,
1773.6, 1773.7, 1774, 1775, 1776 and 1777, pertaining to the obligation to pay
prevailing wages with respect to the performance of work ("Prevailing Wage Laws").
Copies of the prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work for each craft are available upon request from the City. A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such
posting is not possible, a copy shall be posted at the business of the CONTRACTOR.
(b) CONTRACTOR acknowledges that under California Labor Code sections
1810 and following, eight hours of labor constitutes a legal day's work. CONTRACTOR
will forfeit as a penalty to City the sum of $25.00 for each worker employed in the
execution of this Agreement by CONTRACTOR or 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 Labor Code section 1810. (Labor Code § 1813.)
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(c) CONTRACTOR must comply with Labor Code section 1771.1(a), which
provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is
registered with the Department of Industrial Relations as required by Labor Code
Section 1725.5, and that CONTRACTOR may award subcontracts for work that
qualifies as a "public work" only to subcontractors which are at the time of award
registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
CONTRACTOR must obtain proof of such registration from all such subcontractors.
(d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR,
must pay not less than the specified prevailing rate of per diem wages to all workers
employed in the execution of this Agreement. (Labor Code § 1774.) CONTRACTOR is
responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
(e) CONTRACTOR must comply with all provisions of Labor Code section
1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for
each worker employed in the execution of the Agreement by CONTRACTOR or any
subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between
the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
(f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor
from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less
than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted under §1777.5), must contribute to the fund
or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise
qualified employees as apprentices solely on the ground of sex, race, religion, creed,
national origin, ancestry or color. Only apprentices defined in Labor Code section 3077,
who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
(g) CONTRACTOR shall defend, indemnify and hold the CITY, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
9. PROJECT SITE CONDITIONS.
(a) CONTRACTOR shall, without disturbing the condition, notify CITY in
writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents
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or employees have knowledge and reporting is possible, of the discovery of any of the
following conditions:
(i) The presence of any material that the CONTRACTOR
believes is hazardous waste, as defined in Section 25117 of the Health and
Safety Code;
(ii) Subsurface or latent physical conditions at the site differing
from those indicated in the specifications; or,
(iii) Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally
recognized as inherent in work of this character provided for in this Agreement.
(b) Pending a determination by CITY of appropriate action to be taken,
CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person.
(c) CITY shall promptly investigate the reported conditions. If CITY, through
its Director of Public Works, or his or her designee, and in the exercise of its sole
discretion, determines that the conditions do materially differ, or do involve hazardous
waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time
required for, performance of any part of the Work, then CITY shall issue a change
order.
(d) In the event of a dispute between CITY and CONTRACTOR as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the 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,
and shall proceed with all work to be performed under the Agreement. CONTRACTOR
shall retain any and all rights which pertain to the resolution of disputes and protests
between the parties.
10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and
hold harmless the CITY, its elective and appointive boards, officers, agents and
employees, from all claims, loss, damage, injury and liability of every kind, nature and
description, directly or indirectly arising form the performance of the Work, regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, resulting directly or indirectly from the nature of the Work covered by this
Agreement, regardless of responsibility of negligence.
(a) CITY does not, and shall not, waive any rights against CONTRACTOR
which it may have because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in this
Agreement.
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(b) The indemnity provided by CONTRACTOR shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether
insurance policies are applicable to any of the damages or claims for damages.
(c) The provisions of this section do not apply to claims occurring as a result
of the City's sole negligence or willful acts or omissions.
(d) The provisions of this section will survive the expiration or earlier
termination of this Agreement.
11. BONDS. CONTRACTOR, before commencing the Work, shall furnish and file
with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one
hundred percent (100%) of the compensation amount stated in Section 3 of this
Agreement conditioned upon the faithful performance of this Agreement and a bond, or
bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of
the compensation amount stated in Section 3 of this Agreement conditioned upon the
payment of all labor and materials furnished in connection with this Agreement.
12. INSURANCE. CONTRACTOR shall not commence the Work until
CONTRACTOR has obtained all insurance required by the Contract Documents and
such insurance has been approved by CITY as to form, amount and carrier.
CONTRACTOR shall not allow any subcontractor to commence work on any
subcontract until all similar insurance required of the subcontractor have been obtained
and approved.
(a) Workers' Compensation. CONTRACTOR shall take out and maintain,
during the life of this Agreement, Worker's Compensation Insurance (Statutory Limits)
with Employers Liability Insurance (with limits of at least $1,000,000) for all of
CONTRACTOR's employees employed at the Project site; and, if any work is sublet,
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees, unless such employees are
covered by the protection afforded by CONTRACTOR. If any class of employees
engaged in Work under this Agreement at the Project site is not protected under any
Workers' Compensation law, CONTRACTOR shall provide and shall cause each
subcontractor to provide adequate insurance for the protection of employees not
otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting
from failure of either CONTRACTOR or any subcontractor to take out or maintain such
insurance. CONTRACTOR shall submit to Agency, along with the certificate of
Insurance, a Waiver of Subrogation endorsement in favor of the Agency, its officers,
agents, employees and volunteers.
(b)
Comprehensive General Liability, Products/Completed Operations
Hazard, and
Contractual
General Liability Insurance.
CONTRACTOR shall
take out
and maintain
during the
life of this Agreement such
comprehensive general
liability,
7
products/completed operations hazard, comprehensive automobile liability and
contractual general liability insurance as shall protect CITY, its elective and appointive
boards, officers, agents and employees, CONTRACTOR, and any subcontractor
performing work covered by this Agreement, from claims for damage for personal injury,
including death, as well as from claims for property damage which may arise from
CONTRACTOR's or any subcontractor's operations under this Agreement, whether
such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or
indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of
such insurance shall be as follows:
(i) General Liability Insurance in an amount of not less than
ONE MILLION DOLLARS ($1,000,000) per occurrence;
(ii) Products/Completed Operations Hazard Insurance in an
amount of not less than ONE MILLION DOLLARS ($1,000,000) per
occurrence; and
(iii) Contractual General Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1,000,000) per occurrence.
General aggregate limits in an amount of not less than TWO MILLION DOLLARS
($2,000,000) shall be considered equivalent to the required minimum limits set forth
hereinabove.
(c) Comprehensive Automobile Liability. CONTRACTOR shall take out and
maintain during the life of this Agreement, comprehensive automobile liability insurance
as shall protect CITY, its elective and appointive boards, officers, agents and
employees, CONTRACTOR, and any subcontractor performing work covered by this
Agreement, from claims for damage for personal injury, including death, as well as from
claims for property damage which may arise from CONTRACTOR's or any
subcontractor's operations under this Agreement, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by
either CONTRACTOR or any subcontractor, and the amounts of such insurance shall
be as follows:
(i) Comprehensive Automobile Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1,000,000) combined single limit per accident.
(d) Proof of Insurance. The insurance required by this Agreement shall be
with insurers which are California Admitted and Best A rated or better. CITY shall be
named as "additional insured" on the general liability and automobile liability required
hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution
hereof, with satisfactory proof of carriage of the insurance required, and adequate legal
assurance that each carrier will give CITY at least thirty (30) days' prior notice of the
cancellation of any policy during the effective period of this Agreement.
(e) Umbrella or excess liability insurance. [Optional depending on limits
required]. Contractor shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage
liability coverage at least as broad as the primary coverages set forth above, including
commercial general liability and employer's liability. Such policy or policies shall include
the following terms and conditions:
. A drop down feature requiring the policy to respond if any primary insurance
that would otherwise have applied proves to be uncollectible in whole or in
part for any reason;
. Pay on behalf of wording as opposed to reimbursement;
. Concurrency of effective dates with primary policies; and
. Policies shall "follow form" to the underlying primary policies.
. Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
(f) Requirements not limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR
maintains higher limits than the minimums shown above, the Agency requires and shall
be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any
available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to the Agency.
(g) Primary/contributing. Coverage provided by the CONTRACTOR shall be
primary and any insurance or self-insurance or maintained by Agency shall not be
required to contribute to it. The limits of insurance required herein may be satisfied by
a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency's own insurance or self-insurance shall be called upon to protect is as a named
insured.
(h) Notice to Proceed. The CITY will not issue any notice authorizing
CONTRACTOR or any subcontractor to commence the Work under this Agreement
until CONTRACTOR has provided to the CITY the proof of insurance as required by
this Section 12.
13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and
extremely difficult to fix the actual damages to the CITY in the event the Project is not
commenced and/or completed on or before the dates specified for commencement and
Z
completion of the Project in the Contract Documents. The parties have considered the
facts of a breach of this Agreement and have agreed that the liquidated damages sum
hereinafter set forth is reasonable as liquidated damages in the event of a breach, and
that said sum shall be presumed to be the amount of the damages sustained by the
CITY in the event such work is not begun and/or completed and accepted by the times
so specified in the Contract Documents. The sum of ONE THOUSAND DOLLARSV
($1,000.00) shall be presumed to be the amount of damages suffered by the CITY for
each day's delay in the starting and/or completion and acceptance of the Project after
the dates specified in the Contract Documents for the start and/or completion thereof,
and CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS
($1,000.00) as liquidated damages for each day of delay in the starting and/or
completing and acceptance of said Project beyond the dates specified in the
CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be
done in accordance with that certain edition of the Standard Specification for Public
Works Construction currently in effect on the execution date of this Agreement.
CONTRACTOR
ALL AMERICAN ASPHALT
Date: 17 ZOI
CITY OF TEMPLE CITY
By �o —
Date:
14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of
same by the City Council of the CITY, the City Manager of the CITY shall cause to be
recorded a Notice of Completion with the office of the Los Angeles County Recorder;
and, after thirty-five (35) days from the date said Notice of Completion is recorded, the
Director of Finance of CITY shall release the funds retained pursuant to Section 3
hereof; provided there have been no mechanics' liens or stop notices filed against the
Work which have not been paid, withdrawn or eliminated as liens against said work.
15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must
comply with all applicable statutes, laws and regulations, including, but not limited to,
OSHA requirements and the Temple City Municipal Code. Contractor must, at
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work, and give all necessary notices and pay all fees and taxes required by law,
including, without limitation, any business license tax imposed by City.
16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain
as to CITY a wholly independent contractor. Neither the CITY nor any of its officers,
employees, or agents will have control over the conduct of CONTRACTOR or any of
CONTRACTOR's officers, employees, agents or subcontractors, except as expressly
set forth in the Contract Documents. CONTRACTOR may not at any time or in any
manner represent that it or any of its officers, employees, agents, or subcontractors are
in any manner officers, employees, agents or subcontractors of CITY.
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17. GENERAL PROVISIONS.
(a) Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute
this Agreement and to bind it to the performance of its obligations.
(b) Assignment. CONTRACTOR may not assign this Agreement without the
prior written consent of CITY, which consent may be withheld in the CITY's sole
discretion since the experience and qualifications of CONTRACTOR were material
considerations for this Agreement.
(c) Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
(d) Integrated Agreement. This Agreement, including the Contract
Documents, is the entire, complete, final and exclusive expression of the Parties with
respect to the Work to be performed under this Agreement and supersedes all other
agreements or understandings, whether oral or written, between CONTRACTOR and
CITY prior to the execution of this Agreement.
(e) Modification of Agreement. No amendment to or modification of this
Agreement will be valid unless made in writing and approved by CONTRACTOR and by
the City Council or City Manager of CITY, as applicable. The Parties agree that this
requirement for written modifications cannot be waived and that any attempted waiver
will be void.
(f) Counterparts and Facsimile Signatures. This Agreement may be
executed in several counterparts, each of which will be deemed an original, and all of
which, when taken together, constitute one and the same instrument. Amendments to
this Agreement will be considered executed when the signature of a party is delivered
by facsimile transmission. Such facsimile signature will have the same effect as an
original signature.
(g) Waiver. Waiver by any Party of any term, condition, or covenant of this
Agreement will not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any Work
performed by CONTRACTOR will not constitute a waiver of any of the provisions of this
Agreement.
(h) Interpretation. This Agreement will be interpreted, construed and
governed according to the laws of the State of California. Each party has had the
opportunity to review this Agreement with legal counsel. The Agreement will be
construed simply, as a whole, and in accordance with its fair meaning. It will not be
interpreted strictly for or against either party.
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(i) Severability. If any term, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement will not be affected and the
Agreement will be read and construed without the invalid, void or unenforceable
provision.
(j) Attorneys' Fees. The prevailing party in any action to resolve a dispute
concerning this Agreement shall be entitled to have and recover from the losing party
the reasonable attorneys' fees and costs of such action.
(k) Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court, venue will be in the Central District of California, in Los Angeles.
(1) Notices. All written notices required or permitted to be given under this
Agreement will be deemed made when received by the other Party at its respective
address as follows:
To CITY: City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: MUKEL fvP et ,/ COMMv*Arj �s�Elbpµ DieE�oe
(Tel.) LP)20C - 21-11 I
(Fax)
To Contractor: All American Asphalt
P.O. Box 2229
Corona, CA 92878
Attention: Edward J Carlson. Vice President
(Tel.) 951-736-7600
(Fax) 951-736-7646
Notice will be deemed effective on the date personally delivered or
transmitted by facsimile. If the notice is mailed, notice will be deemed
given three days after deposit of the same in the custody of the United
States Postal Service, postage prepaid, for first class delivery, or upon
delivery if using a major courier service with tracking capabilities.
Any Party may change its notice information by giving notice to the other
Party in compliance with this section.
12
r
IN WITNESS WHEREOF, them parties hereto have caused this contract to be
executed on the _j &
_ day of ,moi a t 20 1-7 by their respective
officers duly authorized in that behalf.
ATTEST:
Peggy KboCffy Clerk
Date: � -2- - ZOI
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
CITY OF TEMPLE CITY, a municipal
corporation
12-7
By
Wpoi cow -)-C" mripHbie?—
a [state type
of entity] f
By
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE g 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. accuracv. or validitv of that document -
State of California
County of Riverside
On July 17, 2017 before me, B. Rooster, Notary Public
Dale Here Insert name and Title of the Officer
personally appeared Edward J. Carlson and Michael Farkas
Name(s) of Slgnerle)
f
who proved to me on the basis of satisfactory evidence to be the
6. ROYSTER peison(S) whose name(s) is/are subscribed to the within instrument
Commission M 2083832 9 and acknowledged to me that heEshe/they executed the same in
Z . Notary Public - California i his/her/their authorized capacity(ies), and that by hislherttheir
Z Riverside County signature(s) on the instrument the person(s), or the entity upon behalf
Mv 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 nit and ficial seal.
Signature
Place Notary Seal Above Signatu 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 Public Works Contract — City of Temple City
Document Date: July 17, 2017 Number of Pages: 13
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
❑ Individual
X Corporate Officer—Title(s): Vice President
❑ Partner I ❑ Limited o General
❑ Attorney in Fad
❑ Trustee
❑ Other:
Signer's Name: Michael Farkas
❑ Individual
XCorporate Officer —Title(s): Secretary
❑ Partner l ❑ Limited n General
❑ Attorney in Fad
Top of Numb here
❑ Trustee
❑ Other:
Signer is Representing: I I
Signer is Representing:
here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 1
County of Los Angeles)
On
personally appeared
before me,
((nrort Norco of Notary Pvbtic and TiW)
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 his/her/their
authorized capacity(ies), and that by his/herAheir
signature(s) on the instrument the person(s), 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.
WITNESS my hand and official seal.
Signature
Plow Notary Soo! Abwa 1519notwo of Notary Pubkc)
OPTIONAL
Though the information is not required by taw, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tile of Type of Document:.
Document Date:
Sgner(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signers Name:
Cl Individual
❑ Corporate Officer - Title(s):
❑ Partner ❑ Limited ❑ Genal
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ corporate Officer - Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
E
CALIFORNIA• ACKNOWLEDGMENT
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 Cal'rfomia
County of Los Angeles
On
personally appeared
before me,
(fns t Monro of Notory PuWk tad T,wJ
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 his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), 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 Caldomia that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Otacv rlawry Soot Above (Syrotu,s of Notary Pubk)
OPTIONAL
Though the information is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title of Type of Document:
Document Date:
Signer(s) other Than Named Above:
capacity(ies) claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate officer - Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signers Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fac
❑ Trustee
❑ Guardian or Conservator
❑ Other �I
Signer is Representing:
Bond No. 7653932
Premium: $4,500.00
Premium is for contract tern and is subject
to adjustment based on final contract price
Executed in: 2 Counterparts
FAITHFUL PERFORMANCE BOND
5TPL-5365(010)
PEDESTRIAN AND BIKE PATH SAFETY IMPROVEMENTS
ON TEMPLE CITY BLVD FROM EL CAMINO REAL AVE. TO ELLIS LANE
& ROADWAY IMPROVEMENTS (STPL)
CITY PRO1ECr ID! P15436
KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as
CONTRACTOR and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto
the City of TEMPLE CITY, in the penal sum of one Million one Hundred Thirty Nine Thousand one Hundred Fifty and 001100 dollars
($ 1,139,150.00 ), which Is 100 percent of the total contract amount for the above stated project,
for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly
by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is
about to enter into the annexed Contract with the City for the above stated project, if CONTRACTOR
faithfully performs and fulfills all obligations under the contract documents in the manner and time
specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect
in favor of the City; provided that any alternations in the obligations or time for completion made pursuant
to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and
notice of such alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set them names, titles, hancs, and seals this 14th day of
July 2017.
CONTRACTOR; All American Asphalt - 400 East Sixth Street, Corona, CA 92879 Phone: (951)736-7600
SURETY'
Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
David Wei (213) 270.0600
{,7� mx .Nn � Rebecca Haas -Bates Attorney -in -Fact
Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and
telephone number for authorized representative.
Subscribed and sworn to this day of 20_.
NOTARY PUBLIC: "Please See Attached"
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 certi ficate is attached. and not the truthfulness. accuracv. or validity of that document.
State of California
County of Riverside
On July 17, 2017 before me, B. Rooster, Notary Public
Dale Here Insert name antl Title of the Officer
personally appeared Edward J. Carlson
Name(tl, aignerfdjrm-
who proved to me on the basis of satisfactory evidence to be the
B. ROYSTER person(s) whose name(&) is/are subscribed to the within instrument
Commission M 2083832 and acknowledged to me that he/she/they executed the same in
a
= Notary Public - Californ_e a z z his/her/ihek authorized capacity(ies), and that by his/her heir
i
T Riverside County
signature(s) on the instrument the person(s), or the entity upon behalf
My 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 nd and Icial seal.
Signature
Place Notary Seal Above Signat 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 forth to another document.
Description of Attached Document
Title or Type of Document Faithful Performance Bond — City of Temple City
Document Date: July 14, 2017 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: Edward J. Carlson Signers Name:
❑ Individual ❑ Individual
X Corporate Officer —Title(&): Vice President ❑ Corporate Officer —Title(&):
c Partneri ❑ Limited o General o Partner i ❑ Limited ❑ Ge
o Attorney in Fact o Attorney in Fact
Li Trustee Top of thumb here Top of thumb here
❑ Trustee
c Other: ❑ Other:
Signer is Representing:
Signer is Representing:
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 07/14/2017 before me, R. Paramo, Notary Public
Date Hen; Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
Name(*of Signer)*
who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/M
subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in
his/her/their authorized capacityf ies), and that by hic(her/their signature4on the instrument the person( ,
or the entity upon behalf of which the persona) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State is that the foregoing paragraph
is true arld correct��
R. PARAMO (::nature
N SS my he and officia
Commission # 2035890
. -F Notary Public -California =
Orange County \
M Comm. Expires Aug5, 2017 t 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
Title or Type of Document: Performance Bond No. 7653932 Document Date: 07/14/2017
Number of Pages: onc(I) Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limtted ❑ General
❑ Individual la Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
r . , . . .. :rr • :rr�
.r
PRF7&rGgW
Bond Number
City of Temple
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
Michael P. Bond, 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 -sales , 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 a8 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 14th day of duly , A.D. 2017
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARVI.:v ND
VA" /2--1
By: Michael P. Bond
Vice President
t-
By: Dawn E. Brawn
Secretary
State of Maryland
County of Baltimore
P° erreq
1w 4 nw e r
} s
On this 14th day of JdY , A.D. 2017 , before the subscriber, a Notary Public of the State of
Maryland, duly commissioned and qualified. Michael P. Bond, Vice President and Dawn E. Brown, Secretary of the Companies, in 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 Compania, and that the said Corporate Scals 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.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 201119
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 attomeys-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
1, 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 1 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, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies.
this 14th day of July 2017
Michael C. Fay, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reportsfclaimsAzurichna.com
800-6264577
Bond No.:7653932
' Premium is included in the performance bond
Executed in: 2 Counterparts
MATERIAL AND LABOR BOND
STPL-5365(010)
PEDESTRIAN AND BIKE PATH SAFETY IMPROVEMENTS
ON TEMPLE CITY BLVD FROM EL CAMINO REAL AVE. TO ELLIS LANE
& ROADWAY IMPROVEMENTS (STPL)
CITY PROJECT ID: PIS -06
KNOW ALL NEN BY THESE PRESENTS that All American Asphalt as
CONTRACTOR and Fidelity and Deposit Company of Maryland-,asSURM, are held and firmly bound unto
the City of TEMPLE CITY, in the oenal sum of One Million One Hundred Thirty Nine Thousand One Hundred Fifty and 001100 dollars
($ 1,139,150.00 }, which is 100 percent of the total contract arlount far the above stated project,
for the payment of which sum, CONTRACTOR and SURETY ageee to he bound, jointly and severally, firmly
Dy these presents.
THE CONDITIONS OF THIS OBLIGATION 4RE SUCH that, whereas CONTRACTOR has been awarded acd is
about to enter into the annexed Contract with the City for the above stated project, if CONTRACTOR
faithfully per`orms and fulfills all obligations under the contract documents in the manner and time
specified therein, then this obligation shall he null and void, otnerwise it shall remain n full force and elle^
in favor of the City; p•ovided that any alternations in the obligations or time for completion made pursuan:
:o the terms of tie contract dociments shal! not in any way release either CONTRACTOR or SURE Y, and
.notice of such alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties tercto have set their names, titles, )ands, and seals this 14thday ,if
July. Z017.
CONTRACTOR" All American Asphalt - 400 East Sixth Street, Corona. CA 92879 Phone: (951)736-7600
SURETY`
Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 - David Wei (213) 2700600
�Y` _nQ �.���Q Rebecca Haas Bales, Attorney -in Fact
` Provide CON-RACTORJSURETy name, acdress and telephone number and the name, title, address and
telephone number for authorizec representative.
5ubscribed and sworn to this day of Z0;
NOTARY ?U3 -IC: "Please See Attached**
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 validitv of that document.
State of California
County of Riverside
On July 17, 2017 before me, B. Rooster, Notary Public
Date Hare Insert name and Title or the Officer
personally apl
8.ROYSTER
Commission B 2083832
z , -e Notary Public - California i
z ' Riverside County s
My Comm. Ex ares Oct 26, 2018'
who proved to me on the basis of satisfactory evidence to be the
person(s) 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(ies), and that by his/herltheir
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(a) 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 d and o Ial seal.
Signature
Piece Notary Seal Above Signature offfliatary 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 forth to another document.
Description of Attached Document
Title or Type of Document Material & Labor Bond —City of Temple City
Document Date: July 14, 2017 Number of Pages: 3
Signer(a) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact
Capacity(iee) Claimed by Signer(e)
Signer's Name: Edward J. Carlson Signers Name:
o Individual o Individual
X Corporate Officer — Title(s): Vice President
❑ Partner L c Limited o General
• Attorney in Fact
o Trustee ep or m mb here
o Other:
Signer is Representing:
❑ Corporate Officer—Title(s):
• Partner I o Limited o Geael' I
o Attorney in Fact
Top of thumb her
❑ Trustee
o Other
Signer is Representing:
ALL-PURPOSECALIFORNIA • • CIVIL •
DE § 118Z
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 07 14 2017_ before me, R. Paramo, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
Name(*of SignerZ*
who proved to me on the basis of satisfactory evidence to be the person(* whose names} is/are
subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in
hisfher/their authorized capacityNi, and that by hic(her/their signaturej4on the instrument the person(a),
or the entity upon behalf of which the personK acted, executed the instrument.
••_ R. PARAMO
Commission # 2035890
Notary Public - California z
Orange County
M Comm. Ex ires Aug5, 2017'
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true an c rest.
rtNESS my hand d offici sea.
Sl�ture \
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
Title or Type of Document: Material and Labor Bond No. 7653932 Document Date: 07/14/2017
Number of Pages: One(l) Signers) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited n General
❑ Individual IWAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Fidelity and Deposit Company of Maryland
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 7 General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
•
. • • • • :1/
'n 1hi# • • . :Ila
•: •1
1, .
Bond Number
Cay 0fTemple City
Obligce
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
Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which am
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 Rebeua Maas -Bates, , its we and lawful
agent and Attomey-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 i{Ib day of July , A.D. 2017
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONLIL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Michael P. Bond
Vice President
Bp: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 14th day of liar , A.D. 2017 , before the subscriber, a Notary Public of the State of
Maryland. duly commissioned and quolifred, Michael P. Bond, Vice President and Dawn E. Brown, 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 Ming by me duly
sworn. deposeth and saith, that heshe 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 mid CoTmate 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.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
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 attomeys-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
1, 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 duty called and held on the I tfth 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 14th day of MY 2017
ouor�
`" r
a wa 66ALBo
Michael C. Fay, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTIOI
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reporisfelaims64zurichna.com
800-626-4577