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HomeMy Public PortalAboutAgreement_2020-09-01 to _All American Asphalt_Las Tunas Drive Pavement Rehabilitation Project Phase 2_CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT LAS TUNAS BLVD PAVEMENT REHABILITATION, PHASE 2, FROM SULTANA AVENUE TO EAST CITY LIMIT (WEST OF BALDWIN AVENUE), CIP NO. P20-07 THIS AGREEMENT ("Agreement") is made and entered into this 1 st day of September 2020, 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 California Corporation, located at 400 E Sixth Street. Corona, CA 92879 ("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 August 20, 2020, for the following: LAS TUNAS BLVD PAVEMENT REHABILITATION, PHASE 2, FROM SULTANA AVENUE TO EAST CITY LIMIT (WEST OF BALDWIN AVENUE), CIP NO. P20-07 in the City of Temple City, California ("Project"). B.At 2:00 PM on said date, in the Temple City Council Chambers, the bids submitted for the Project were opened. C.At its regular meeting held on September 1, 2020, 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 U)Contractor's Certificate Regarding Workers' Compensation (k)Security for payment (labor and materials) (I)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. 1-2-3. 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.2 3.COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and accept the total amount of nine hundred seventy four thousand three hundred thirty three Dollars ($974,333), 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 (b)CONTRACTOR currently has, and for the past five (5) calendar years has maintained in good standing, a valid California contra ctor'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 3 Director of Public Works of CITY, and shall complete work on the Project within thirty working days (30) 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.) (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 § 177 4.) CONTRACTOR is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 4 (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 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. 5 (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. (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. 6 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, 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. 7 (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 8 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 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 DOLLARS ($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 By ___________ _ Date: _ __._q_,_/....L.t_l-,Afµ<.....,;.......�---Date: 9 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. 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. 10 (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. (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. U)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. (I)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: ____ _ (Tel.) (Fax) 11 To Contractor: All American Asphalt 400 E Sixth Street Corona. CA 92879 Attention: Edward J. Carlson (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 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the I day of Se<(>t(Anb..er , 20'2-0, by their respective officers duly authorized in that behalf. ATTEST: Peggy Kuo , City Clerk l,o/ S / ½"U> Date: APPROVED AS TO FO 13 CITY OF TEMPLE CITY, a municipal corporation ALL AMERICAN ASPHALT, a California corporation By_......,,C./4-�-----,,,C-&-"--�----=-=------7 7 Edward J. Carlson , Vice President By __ ��---=+___,,__Q--_L __ _ M __ ·1c _ha_e_l _F_ar_k _as ____ , Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 ........................ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside On September 4, 2020 Date personally appeared before me, Kenona Nazari, Notary Public Here Insert name and Title of the Officer Edward J. Carlson and Michael Farkas Name(s) of Signer(s) Z Z .-- 40111iE>,► KENONA NAZARI Notary Public • California Riverside County Commission # 2318601 My Comm. Expires Jan 10, 2024 Place Notary Seal Above f who proved to me on the basis of satisfactory evidence to be the person(S) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by higher/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 California that the forgoing paragraph is true and correct. WITNESS my handd official seal. Signature OPTIONAL ignature ofNotary Pub!' 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 Document Date: Public Works Contract — Temple City Signature September 4, 2020 Number of Pages: 13 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual X Corporate Officer — Title(s): o Partner ❑ o Limited ❑ General o Attorney in Fact o Trustee o Other: Vice President RIGHT THUMBPRINT OF SIGNER Signer is Representing: All American As. halt Top of thumb here Signer's Name: Michael Farkas o Individual X Corporate Officer — Title(s): Secretary o Partner ❑ o Limited o General o Attorney in Fact ❑ Trustee o Other: RIGHT THUMBPRINT OF SIGNER Signer is Representing: All American As • halt Top of thumb 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 County of Los Angeles On before me, (assert Name of Noto T419) personally appeared who proved to me o to be the person(s) the within in he/she/they authorized signature(s) tity upo execut the tru basis of satisfactory evidence se name(s) is/are subscribed to t and acknowledged to me that uted the same in his/her/their .M city(ies), and that by his/her/their the instrument the person(s), or the behalf of which the person(s) acted, e instrument_ nder PENALTY OF PERJURY under the laws of to of California that the foregoing paragraph is rid correct ESS my hand and official seal. gnature Place Notary Seal Above (Signature of Notary Pu6JKJ O'TICNAL Though the information is not naquired by law, it m : y prove valuable to persons relying on the document and could prevent fraudulent removal and - . ttachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages. Capacity(ies) Claimed by Signer( s) Signer's Name: D Individual ❑ Corporate Officer - Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 before me, (fnsc.rt Nome of Notary Pub rc and Tea) personally appeared Riocc 'J story Svc! Atkotra 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 persons) 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 (5 gratWV of Notary Poai ) OPTIONAL Though the inforrnation is not required by levy., it may prove valuable to persons relying on the do umenr and cou d 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) Signer's Name: ❑ Individual 0 Corporate Officer - Titlef;s): ❑ Partner ❑ Limited ❑ General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Number cif Pages. Signer's Name: 0 Individual ❑ Corporate Officer - Title(s) 0 Partner ❑ Limited ❑ General Cl Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: tMUUMMUMMMInt Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts FAITHFUL PERFORMANCE BOND Bond No 7664170 PUBLIC WORK (The premium charged on this bond is $ 3,849.00 , being at the rate of $ 3.95 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of Temple City State of California, entered into a contract dated September All American Asphalt 1st 2020 , with hereinafter designated as the "Principal," for the work described as follows: Las Tunas Blvd Pavement Rehabilitation, Phase 2, from Sultana Avenue to East City Limit (West of Baldwin Avenue), CIP No. P20-07 ; and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland , a corporation organized and existing under the laws of the State of Illinois , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of Temple City in the penal sum of Nine Hundred Seventy Four Thousand Three Hundred Thirty Three and 00/100 Dollars ($ 974,333.00 ), lawful • money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the City of Temple City its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 3rd day of September , 2020 By All American Asphalt Principal f_Aujaiot,S - CateAS oh - V e S z o ^- — Fidelity and Deposit Company of Maryland PRF71001 CA0201 f By rkin , Attorney -in -Fact 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 truthfiilness. accuracy. or validity of that document. State of California County of Riverside On September 4, 2020 Date personally appeared before me, Kenona Nazari, Notary Public Here Insert name and Title of the Officer Edward J. Carlson Nameie) of Signer(%) KENONA NAZARI Notary Public - California Riverside County Commission # 2318601 My Comm. Expires Jan 10, 2024 Place Notary Seal Above 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/fief-/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 California that the forgoing paragraph is true and correct. WITNESS my han,and official seal. Signature OPTIONAL Signature of Notary PIic 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 Faithful Performance Bond — City of Temple City Document Date: September 3, 2020 Number of Pages: 3 Signer(s) Other Than Named Above: William Syrkin, Attorney -in -Fact Capacity(iies) Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual x Corporate Officer — Title(s): Vice President o Partner Li o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: All American Asphalt RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: o Individual o Corporate Officer — Tit . (s): o Partner C7 o Limited , General o Attorney in Fact o Trustee o Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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 09/03/2020 ) before me, Liliana Gomez, Notary Public Date personally appeared William Syrkin Here Insert Name and Title of the Officer Name(of Signer'r`sst who proved to me on the basis of satisfactory evidence to be the person(s). whose name( is/zwe subscribed to the within instrument and acknowledged to me that he/she/thaj executed the same in his/her/their authorized capacity(1bs), and that by his/her/their signature(.on the instrument the person(n),. or the entity upon behalf of which the person(s). acted, executed the instrument. LILIANA GOMEZ Notary Public - California Orange County Commission 1k 2243326 My Comm. Expires May 20, 2022 Place Notary Seal Above 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 OPTIONAL ,ata,/z.ik) Signature of Notary Public 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. Number of Pages: One (1) Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Fidelity and Deposit Company of Maryland 7664170 Document Date: 09/03/2020 Named Above: All American Asphalt Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907