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CONTRACT 4187 Public Works Contract CLOSED
4187•.. ORIGINAL PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND ALL AMERICAN ASPHALT, INC. This CONTRACT is entered into this 21st day of September, 2011, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and All American Asphalt, Inc. ( "the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed TWO HUNDRED SIXTY ONE THOUSAND, SIX HUNDRED TWENTY NINE DOLLARS AND ZERO CENTS ($261,629.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Thirty five (35) working days (the "Contract Time. ") I -D -1 4187 •.i,..�t B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. IM 4187. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Citv Maryam M. Jonas Principal Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524 -2361 The Contractor Robert Bradley Vice President All American Asphalt, Inc. P.O. Box 2229 Corona, CA 92878 (951) 736 -7600 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. I -D -3 4187• I ., .. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. MI IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Doug Willmore City Manager ATTEST: Ci y , C y Clerk �- APPROVED AS TO FORM: MARK D. NSLEY, City Attorney By: Karl H. Berger, Assistant City Attorney I -D -5 0 1 N's m. r r Taxpayer ID No. #6) 5-a5q 5613 Canjrac +ors �- -W a&7n -) 3 Business License No.: L -2 3a�7 4187•J;j CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside On September 27, 2011 before me, Debbie A. Matsen, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Namej of Signerfj who proved to me on the basis of satisfactory evidence to be the person(p) whose name(K is /ow subscribed to the within instrument and acknowledged to me that he /eheMal" executed the same in DEBBIE A. MF,TSEN his/her/ 4@4- authorized capacity(ies), and that by his /AeMheir - signature) on the instrument the personV), or the entity upon behalf .. Commission # 1775685 r Notary Public - California of which he personQO acted, executed the instrument. Riverside County t t I certify under PENALTY OF PERJURY under the laws of the State of Cornet. xrke t v22,2o1 California that the forgoing ara ra h is true and correct. WITNESS my hand and official seal. Signature t la jjy L , Place Notary Seal Above Signature of Notary ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract, City of El Segundo Document Date: September 21, 2011 Number of Pages: 5 Pages Signer(s) Other Than Named Above: None. Capacity(4se) Claimed by Signer( Signer's Name: Robert Bradley ❑ Individual )(Corporate Officer — Title(}: Vice President ❑ Partner— ❑ Limited ❑ General • Attorney in Fact • Trustee • Other: Signer is Representing: _ All American Asphalt Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Other: Signer is Representing: i�► YJ i 4 187 PROPOSAL cc FOR THE LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 10 -04 TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature bythe Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C -1 4187 °. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 CITY OF EL SEGUNDO - BID SHEET 4 I 8 7 41 :.,. LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PW 10 -04 PART "A" ITEM NO. ESTIMATED QUANTITIES UNIT PRICE WRITTEN IN WORDS UNIT PRICE IN FIGURES AMOUNT 1 LS Mobilization lump sum $ -461 C 0 6° $ �� goo 2 61,560 SF Cold Mill 2 -3/8" Asphalt Pavement for per SF $ 2-0 3 75 CY 3/8" Asphalt Rubber Aggregate Membrane for per CY $ 9% � $17y , 100 4 780 tons A.C. C2 -PG 64 -10 Paving for per tons $ 'B-"7 ov $ b-7. -6 LQo ° 5 1,538 SF Geogrid BX 1200, Tensar Triax or equal for per SF $ 1 < G $ °d 6 115 CY Crushed Aggregate Base for per CY $ L4 1.00 Ob 7 151 LF Reconstruct 12" wide P.C.C. gutter per Plans and Specifications for per LF $ SC, o° 8 558 SF Reconstruct 6" thick P.C.C. driveway approach per Plans and Specifications for per SF $ i S . 0" 0 $ , 3?o nU I -C -3 (page 1 of 3) Addendum No. 2 Revised 08/29/11 CITY OF EL SEGUNDO - BID SHEET 1 7 LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PW 10 -04 PART "A" ITEM ESTIMATED UNIT PRICE UNIT PRICE AMOUNT NO. QUANTITIES WRITTEN IN WORDS IN FIGURES 9 11 LF Reconstruct 6" curb and 12" gutter per Plans and Specifications for �a ©� $ 1(s W per LF ° 10 13 each Adjust Manhole Covers to Grade for $ $ lyc Coo��o �00 each C6, i- So °° 11 12 each Adjust Water Valve Covers to Grade each $ $ o f ao o uo QQ c0 12 LS Pavement Striping for lump sum 05 $ o $ q , L4 00 P_ 13 LS Traffic Control for lump sum $ I $ a; c° 14 2 each Signal Loop Detector Replacement for $ $ 1 c�3o each 15 LS Unclassified excavation and subgrade preparation for OC) $ 8000 ob $ 0C)o lump sum 16 LS Tie -out and re- establish survey monu- ments and benchmarks for ©Q $ 900 00 $3900 lump sum TOTAL PART "A" BID = $ aaa % 334, a I -C -3 (page 2 of 3) Addendum No. 2 Revised 08/29/11 CITY OF EL SEGUNDO - BID SHEET 4 1 8 7 ' LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PW 10 -04 PART "B" ITEM NO. ESTIMATED QUANTITIES UNIT PRICE WRITTEN IN WORDS UNIT PRICE IN FIGURES AMOUNT Remove existing pavement and uplifted tree roots and reconstruct approximately 3,800 SF of parking lot pavement at 339 Sheldon Street (Recreation and Parks) including all miscellaneous 17 removal, compaction, striping and traffic control. 95 tons 4" A.C. C2 -PG 64 -10 Paving for $ i I- $ tb1 7�)s per tons 210 CY 20" Crushed Miscellaneous Base for $ 13& per CY TOTAL PART "B" BID = $ -69, 2.. R �5 "" Cu TOTAL BID (PART "A" + PART "B ") _ $ Z 1Q1, Lo a c1 TOTAL BID WRITTEN IN WORDS -Twc.)l tj- riclrerA t X, hen care d can . n\ n e (Ao hars no con -ts I -C -3 (page 3 of 3) Addendum N0.2 Revised 08/29/11 4187.6 ". BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name fait can AsolncaL t+ Form of Legal Entity (i.e., individual, partnership, corporation, etc.) C n r 04c o! i oin If corporation, State of Incorporation (i.e., California) Cct l i ern i o� Business A U. Ann v-i nzn A e,. q l-f- Address J. (1 x !2 cam Corr Ann eA Cla$)q- aa2 Telephone No. r!0I56 - 7 3Co-^1LQ(oC) Facsimile No. State Contractor's License No. and Classy Original Date Issued - l q --71 Expiration Date to I a The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having principal interest in this proposal: l v 1 Q Irk l �P T r •ems ►rc l I The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: I -C -4 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this a R-Wlday of ' 201 BIDDER t 15 ra61 Yy,V ie,e i Aevl - Subscribed and sworn to this day of , 20_ NOTARY PUBLIC cJ 2 , }to (t ed ��l u l S� rub -Frc Cam- - r4 -cto% I -C -5 CALIFORNIA JURAT State of California County of Riverside DEBBIE A. MA EN Commission # 1775685 -v Notary Public - California = z Riverside County MyComm. EVIrm Nov 22, 2011 4 1 8 7 ,: 61 s Subscribed and sworn to (epafgwAod) before me on this 28th day of August. 2011, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Mark Luer Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature AW,4 rd - 7Y) Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information City of El Segundo Document Date: August 28. 2011 Number of Pages: 2 Signer(e) Other Than Named Above: None 4i7.,; CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: -J 1 , 20 tom_. 3. BIDDER'S acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on Rf�, 20 it at CoMjoa,Cn l___Wnm�d (insert City and State where Declaration is signed). it n ure v 1 Typed Name: Vic y pr,P S i i2t4 t- Title: Name of Bidder: I -C -7 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of �ivewyiM 41 87 - R 610e✓ -t- 16rr A1q, being first duly sworn, deposes and say that he 9F she is V i C'? 8 an+ of all () "Vi ra yi the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ature Name' of Bidder Cah sOVld.lt Typed Name V �vrl- Title I -C -8 MIMMI-IMM" o. - CALIFORNIA JURAT State of California County of Riverside DEBBIE A. M77SEN Commission # 1775685 Notary Public - California z Riverside County MYCOmm. ET,Ires Nov 22, 2011 Place Notary Seal Above 4187•'7 Subscribed and sworn to ( ) before me on this 28th day of August, 2011 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) Name of Signer (and Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit City of El Seaundo Document Date: August 28, 2011 Number of Pages: 1 Signer(s) Other Than Named Above: None 4187•:;1 CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his /her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: • /" Business Gu G ..� . Business Address: P. () . -20X .9am i �lI � Telephone Number: (-q5-I ) `)31a–_] (p(00 Dated this -a?J ` day of � —, 20�, I -C -9 4187•�� ° BIDDER'S CERTIFICATION OF SUBCONTRACTORS As detailed in Section 2 -3.1 (Page II -B -3) of the City Standard Specifications, Bidder certifies that he has listed below all subcontractors who will perform work in excess of one -half of one percent (1/2 %) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work himself. NAME, ADDRESS AND PHONE NUMBER OF SUBCONTRACTORS rnnwnhoie- (�c_tiLsA-,Fjes Enc 3Z3) 5Sc - `6 coo a 5-Ac_r dohk (E A. C61 10 e 3L1- 5o CIg Lcoo o M cxsA -e r s -7 t 4 7 Caa0° 9CS, `k SUBCONTRACTED WORK Lc> d p S (Make copies of this page if additional space is needed) Sign ure of Bidder ate ' �obevi- 6rgdlev,V'►c'e d�vrl- -C -10 REFERENCES The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work as the Ne5' contractor or major subcontractor 5.68 within the past two (2) years: � (i+VYkg0 1. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 3. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? -C -11 (Page 1 of 2) "2010" PAST WORK REFERENCES City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647 -5018 City of Chino 13220 Central Avenue Chino, CA 91790 Contact: Emani Naghmeh, (909) 464 -8367 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 -1200 Contact: Thomas Banks, (714) 754 -5222 Segerstrom Avenue Rehabilitation Contract Amount: $2,094,618.00 Start: 11/2009 Completed: 3/30/2010 Street Rehabilitation Project FY 08/09 Contract Amount: $2,127,501.00 Start: 11/2009 Completed: 5/31/2010 Rehabilitation of Vanguard Way Contract Amount: $517,646.00 Start: 12/2009 Completed: 2/30/2010 City of Westminster City -wide Overlay 09 -10 St. Improvement Project 8200 Westminster Boulevard Contract Amount: $1,171,416.00 Westminster, CA 92683 Start: 2/1/2010 Contact: Tuan Pham, (714) 898 -3311 ext. 209 Completed: 5/30/2010 City of Paramount 16400 Colorado Avenue Paramount, CA 90723 -5012 Contact: Ed Cox, (562) 908 -6205 City of Cerritos 18125 Bloomfield Avenue Cerritos, CA 90703 -3130 Contact: Rash Syed, (562) 916 -1221 City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Contact: Sean Ramsey, (714) 765 -5059 City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Contact: (714) 741 -5180 Resurfacing in Rosecrans Avenue Contract Amount: $572,209.00 Start: 10/1/2009 Completed: 5/30/2010 Bloomfield Avenue Improvements Contract Amount: $1,103,000.00 Start: 3/1/2010 Completed: 6/20/2010 Magnolia Avenue Street Improvements Contract Amount: $868,000.00 Start: 4/1/2010 Completed: 7/20/2010 Harbor Boulevard Street Rehabilitation Contract Amount: $919,000.00 Start: 3/1/2010 Completed: 6/30/2010 4 f 8! ` s 0 "2011" PAST WORK REFERENCES City of Compton 205 South Willowbrook Avenue Compton, CA 90220 Contact: Loujuana Mitchell, (310) 761 -1437 County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 Contact: Franklin Lund, (909) 387 -7920 County of Riverside 2950 Washington Street Riverside, CA 92504 Contact: David Hylkema, (951) 850 -6075 City of Stanton 7800 Katella Avenue Stanton, CA 90680 -3162 Contact: Quang Le, (714) 890 -4234 City of Long Beach 333 West Ocean Blvd., 10th Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570 -6634 City of Paramount 16400 Colorado Boulevard Paramount, CA 90723 -5012 Contact: Len Gorecki, (562) 220 -2111 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Dave Verone, (714) 375 -8471 Department of Transportation 464 W. Fourth Street San Bernardino, CA 92410 -1400 Contact: Imad Abugharbieh, (951) 277 -8579 Northwood Avenue Reconstruction Contract Amount: $1,180,000.00 Start: 10/18/2010 Completed: 5/4/2011 Cajon Blvd. Contract Amount: $565,000.00 Start: 3/11/2011 Completed: 4/8/2011 De Luz Road Rehabilitation Contract Amount: $740,000.00 Start: 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start: 3/1/2011 Completed: 4/30/2011 Annual Contract Street Reconstruction Contract Amount: $3,433,415.00 Start: 5/1/2010 Completed: Still On -Going Neighborhood Street Resurfacing Contract Amount: $899,909.00 Start: 11/1/2010 Completed: 3/30/2011 Slater Avenue Improvements Contract Amount: $1,926,341.00 Start: 8/2/2010 Completed: 2/30/2011 Route 91 Project Contract Amount: $5,732,812.00 Start: 3/1/2010 Completed: 3/30/2011 4 1 8 7 - 1.1 9 4. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract Did your firm have any financial interest in Project? 5. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: FO elm and `R g�o�'-k�R�i�Xivk�t2-� MarTl�ua 2D I Un . O rcty) b 4 i &1 6VOg1 -e, 6) L'. LS1s) yu�� Agrga �r�rr�jP �jQ24�, E530 TWWco �EaJTr�? e,4 claWag �h �Q9� talg- 71u1,� (iJrn Ed9ev� -3 Pav4vles V1 &LLVq -e Cam, +cyv, Dv> C�+-� B�� W , 5u L+e )001 Dro -not, CA Ph'. Cl tu) u L-jv� ,��tmvtte (otAVav1q) I -C -11 (Page 2 of 2) 4 1 87 - lI ,0 1 Bond No. 08597423 Bid Date: 08130/11 PROPOSAL GUARANTEE BID BOND LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 10 -04 KNOW ALL MEN BY THESE PRESENTS that, All American Asphalt , as BIDDER, and Fidelity -and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of Total Bid DOLLARS ($10% ), which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 23rd day of August , 2011 All American Asphalt 400 East Sixth Street, Corona, CA 92879 (951) 736 -7600 BIDDER* obt�+Br�d1�y�V is � Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 SURETY" 'Rob0 t rS1, _QNA01nn 562� (213) 270 -0600 David Wei Rebecca Haas - Bates, Attorney -in -Fact Subscribed and sworn to this day of , 20 NOTARY PUBLIC * *See Attached" * Provide BIDDER /SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. I -C -6 4187 °sy EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vi, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ol'.judgements, decrees, mortgages and instruments in the nature of mortga�(Tes,...and to affix the seal of'the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and el'l'ect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article Vi, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the Iacsimile 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 he valid and binding upon the Company with the same force and effect as though manually all'ixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and al'fixed the corporate seal of the said Company, this 23rd day of August , 2011 ;tssislant Sec relurc 4187 r� Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said )Any, which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the dtt ert ft� s hereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS- BATES, Seri �jl�t _ , Ri ca ADAIR and P. BAUER, all of Glendale, California, EACH its true and la u_ �ri�c�tn -' 1n °yfRe execute, seal and deliver, for, and on its behalf as surety, and as its 'ac e�Ti� �it� and �l b ;u`t ertakings, and the execution of such bonds or undertakings in pursuance l gsc��ti nY4 hill a iii cfi t �u said Company, as full and amply, to all intents and purposes, as if ti p} eiU � tecut �` It r !111 1ckl�e by the regularly elected officers of the Company at its office in Baltimo „ th3i }` nor cps yj `�tjs�lnti�` is power of attorney revokes that issued on behalf of Richard ADAIR, P. BAUER rt}ar�(2�!;� oC The said Assistant _t J IC -hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -LWs of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of June, A.D. 2011. ATTEST: �p DEPpyr _ o O t State of Maryland SS: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Se c•retari By: Frank E. Martin Jr. Vice President On this 27th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \\ „111111111” 1'11'1111111 \\ \\ \• POA -F 012 -0033D Constance A. Dann Nutary Public My Commission Expires: July 14, 201.5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 08/23/11 Date 4 1 8 7 - ai,a. before me, A. Wilkison, Notary Public , Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s) of Signer(s) A. WILKISo% y s A Commission 1866283 > -- . z Notary Public California D z4� =, Orange County y PAy Comm. Frpires Sep 26, ?.013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is /ere subscribed to the within instrument and acknowledged to me that itelshel*" executed the same in *is/her /their authorized capacityocma), and that by His /her4ek signature(4 on the instrument the person(*, 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. V ���� Place Notary Seal Above Signature— Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 08/23/11 Signer(s) Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual Rebecca Haas -Bates Corporate Officer— Title(s): — Partner — ❑ Limited ❑ General p Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland RIGHT THUMSPRVT OF SIGNER .p of Number of Pages: One (1 halt Signer's Name: C Individual O Corporate Officer — Title(s): i lI Partner — ❑ Limited ❑ General * Attorney in Fact * Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUM ®PRINT OF SIGNER I .. of thurrib here Q2007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT personally appeared Robert Bradley NameA of Signero who proved to me on the basis of satisfactory evidence to be the person( whose name($) is /awsubscribed to the within instrument and acknowledged to me that he /she" executed the same in DEBBIE A. MATSEN his/he ' authorized capacity(ies), and that by hisAier4heif- Commisslon # 1775685 signature( 0 on the instrument the person(*, or the entity upon behalf Z Notary Public - California of which the person()' acted, executed the instrument. Riverside County NVC0Mm.E)piresNN0v22,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature t.(24 I Ira e o ra (9 - ` a � G�ut.L� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond. City of El Segundo Document Date: August 23, 2011 Number of Pages: 1 Page Signer(o Other Than Named Above: Fidelity and Deposit Company of Marylan d Capacity(499) Claimed by Signer(sr) Signers Name: Robert Bradley ❑ Individual X Corporate Officer — Title(A: Vice President • Partner— ❑ Limited ❑ General • Attorney in Fact • Trustee • Other: Signer is Representing: _ All American Asphalt Top of thumb here Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner— ❑ Limited ❑ General • Attorney in Fact • Trustee • Other: Signer is Representing: August 22, 2011 4 1 8 / - 6, .a Public Works Department Stephanie Katsouleas, Director ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PROJECT NO.: PW 10 -04 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of any contract which may be executed for the above project in the City of El Segundo: 1. Replace I -C -3 with the REVISED I -C =3 -dated August 21, 2011 As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to acknowledge this Addendum may cause rejection of bid. oil (si naE re) ate) 6ticeyt'c�d1e V it PreSi �C°�1' Page 1 of 5 350 Main Street, E! Segundo, CA 90245 -3895 — Fax r 1 d t .a u Z� SAN Y da CL 9 lit ` Y M / � t M m N r. H • �o t AA OAS- u ,SS•t�S � �.y� o� o� L C c August 29, 2011 4187- 1 04 PU lic ks Department Stephanie Katsouleas, Director ADDENDUM NO.2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PROJECT NO.: PW 10 -04 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of any contract which may be executed for the above project in the City of El Segundo: 1. Replace I -C -3 with the REVISED I -C -3 dated August 29, 2011 As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to acknowledge this Addendum may cause rejection of bid. nll (signatur ate) R6gw r40)it l V iC'e re5 i A 611 Page I of 5 350 Main Street, El Segundo, CA 90245 -3895 — Fax Z o� O W 4 8 7 QQ IS Z � C $� 4S Q4 L L s L 7 G11 Y 01, Stephanie Public Works Department 1 Director August 29, 2011 ADDENDUM NO.3 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PROJECT NO.: PW 10 -04 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of any contract which may be executed for the above project in the City of El Segundo: 1. Use 61,560 SF for estimated quantities for bid item no. 3. 2. The emission control permit to operate is required for the installation of the Asphalt Rubber Aggregate Membrane (ARAM). As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to acknowledge this Addendum may cause rejection of bid. f oa ff. v►cf Page l of 1 350 Main Street, El Segundo, CA 90245 -3895 — Fax i, C 4 � U � • a1 .ay� FAITHFUL PERFORMANCE BOND LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PROJECT NO. PW 10-04 Executed in Two Counterparts Bond No, 7625524 Premium is for contract term and is subject Bond Fee: $1,112.00 to adjustment based on final contract price ALL AMERICAN ASPHALT INC. ( "PRINCIPAL") and Fidelity and Deposit Company of Maryland , a corporation incorporated under the laws of the State of Maryland and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY"), are held and firmly bound unto the CITY OF EL SE GUNDO ( "CITY") in the sum of TWO HUNDRED SIXTY ONE THOUSAND SIX HUNDRED TWENTY NINE DOLLARS AND- ZERO CENTS ($261,6200 dollars, which is a minimum one hundred percent (100 %) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 10-04, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 1004, a copy of which is on file with CITY's Engineering Division ( "Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law BpheiWAom— ProlocIIAPW F01W P,xlo,mm,00 bond (/ I-E -1 41 8 7 • "1 1l including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 10-04 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; 8. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY'$ certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 22nd day of September 20 11 All American Asphalt PRINCIPAL's PRE ENT V Le' PRINCIPAL's SECRETARY MgrK Wi-t ✓ PRINCIPAL's MAILING ADDRESS: 400 East Sixth Street Corona, CA 92879 Fidelity and Deposit Company of Maryland SU RETY'q-f1RES1 DE*T - - - - -- SURETY's SEeRE7 -ARY Rebecca Haas - Bates, Attorney -in -Fact SURETY's (MAILING ADDRESS: 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Sp*d ml"- F olodo%PW FOMI PodormmrM gd+A ( / AY) . I -E- 41 8 7 • , ,4,jj • - / -':� •i-�./ 2�T•., 2,P •� /•2�A2 � T.'.?>S,. ^!�S,r� sjv. ?i�aC,?� �.�'...s, �yr.,?�S �.,_at..').'.: �t._�2.: - ?S s S�.v.�J State of California County of Orange 09/22/2011 before me, A. Wilkison, Notary Public On Here Insert Name and 11_ of the Officer Date personally a Rebecca Haas -Bates p Y eared pp Names) of Signers) A. WilKlSON CommiFsion i� 1866''83 7i.,.;;' Notary Public - California ` Orange County `r M)� Col Tm. E= ;pins Sep Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in-his/her/their authorized capacity(iee), and that by - hWher/tFteif signature(4 on the instrument the person(*, or the entity upon behalf of which the person* 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. w Signature Signature of Notary PuWlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fz�;fkf, d Pcrfnrmanrtp Rnnd 97625524 Document Date: 09/22/2011 Signer(s) Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Individual Corporate Officer —Title (s): _ Lj Partner — 0 Limited ❑ General Attorney in Fact u Trustee Guardian or Conservator Other: Signer is Representing: Fidelity and Deposit Company of Maryland Top of thumb here I.- Number of Pages: Two (2) alt Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General 2 Attorney in Fact D Trustee L. Guardian or Conservator Other: Signer Is Representing: H1GHT TH)Mt➢PRINIT OF `,J( hNER 0 2007 National Notary Associatio n • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402• www.NationaiNotaryorg Item #5907 Reorder: CatlToll -Free 1.800.876.6827 4187•I', 4JA CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside On September 27, 2011 before me, Debbie A Matse Public Here Insert n, NotM s offer Date personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) X /are subscribed to the within instrument DEBBIE A. MAisEN and acknowledged to me that #ieOshe/#hey executed the same in ` Commission # 1775685 #a+sEw /their authorized capacity(ies), and that by WmAiw/their a °? Notary Public - California = signature(s) on the instrument the person(s), or the entity upon behalf Zv Riverside County of which the person(s) acted, executed the instrument. MVCrrrm. EgNres NC,,, 22, 2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature .QP .(,(1 4 1 . a . � a� Place Notary Seal Above nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond City of El Segundo Document Date: September 22 2011 Number of Pages: 2 Pages Signer(p Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual Corporate Officer — Title(: Vice President • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: _ All American Asphalt Signer's Name: Mark Luer ❑ Individual Corporate Officer — Title(,s'j: Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt 41 8! • r., 41A LABOR AND MATERIALS BOND LAIRPORT STREET REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE) PROJECT NO. PW 10 -04 Executed in Two Counterparts Bond No. 7625524 Bond Fee: included in Performance Bond ALL_AMERICAN ASPHALT INC. as principal ( "PRINCIPAL") and Fidelity and Deposit Company of Maryland , a corporation incorporated under the laws of the State of Maryland and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY") in the sum of TWO HUNDRED SIXTY ONE THOUSAND SIX HUNDRED TWENTY NINE DOLLARS AND ZERO CENTS ($261.62 9.0 dollars, which is a minimum one hundred percent (100 %) of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in LAIRPORT REHABILITATION PROJECT (MARIPOSA AVENUE TO MAPLE AVENUE), SPECIFICATIONS NO. PW 10 -04 ( "Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 10.04,and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project'). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY'S Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). apwWWm,,,_PO,,O W LMfMWOW@&MA ( I OM) I -F -1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 11111 11,11111111 �� 111111111111 t1111111 I111 .. State of California County of Riverside On September 27 2011 before me, Debbie A Matsen Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledged to me that .NrefeWhey executed the same in Sher /their authorized capacity(ies), and that by - WeARer/their DFBBIE A. MATSEN signature(s) on the instrument the person(s), or the entity upon behalf commission # 1775685 of which the person(s) acted, executed the instrument. za Notary Public Galifornfa z� ti riverside County I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. Fxoles W, i 21, 2G1 WITNESS my hand and official seal. Signature G�/vO�J/ is _. iJ n4t_1W_4_A 7 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Labor and Materials Bond City of El Segundo Document Date: September 22 2011 Number of Pages: 2 Pages Signer(s) Other Than Named Above: Fidelity and Deposit Company of Marylan d Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual XCorporate Officer — Title(f : Vice President • Partner— ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: _ All American Asphalt Signer's Name: Mark Luer ❑ Individual )rCorporate Officer — Titled}: Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt Top of thumb here 4187.3.•. 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 1004, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY'S representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should pon the ac eptance aoftthe within CITY; otherwi a this obligation will obligation will be void p P remain in full force and effect. SIGNED AND SEALED this 22nd day of September 2011 All American Asphalt Fidelity and Deposit Company of Maryland PRINCI - Us PRESID . SURETY's 9tf 04T- - - --- -- PRINCIPAL's SECRETARY SURETY's S�RE-TA Y Mat "4LoV Rebecca Haas - Bates, Attorney -in -Fact PRINCIPAL's MAILING ADDRESS: 400 East Sixth Street Corona, CA SURETY's MAILING ADDRESS: 777 S. Figueroa Street, Suite 3900, Los Angeles, CA W1 7 NOTE; (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. LAMP AND mATEMA1., BOND ,,F.2 (W27M) 4187• *A...A riTj f�., -•.> 141 w,:•� ;,: �5��. S�T>! . /,.�3 /'� ;��c/L\ ��>,.�f „j2��i�2g, • fla. �t :� a�f,.>. S,-= ?>�_.. r>,.•�. �,..^•aya�..?.�>'�.:.j.,: a. �'•y..',: ),,.TC.:•?>,�.�v -� State of California County of Orange On 09/22/2011 before me, A. Wilkison, Notary Public Date Here Insert Name and TRIe of the officer personally appeared Rebecca Haas -Bates Names) of Signer(s) H. WIt.ICISiiN commission er 1866283 Z+ fdotary Public - California zz Orange County My Cotrim. Expires Sep 26 ?G i 3 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ere subscribed to the within instrument and acknowledged to me that - he/shehl"y executed the same in er/th& authorized capacity(fes), and that by 4*s/her/th& signature(4 on the instrument the person(*, or the entity upon behalf of which the person* 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 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Bond #7625524 Document Date: 09/22/2011 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Individual Li Corporate Officer — Title(s): Partner — L Limited O General Attorney in Fact Top of thumb here Lj Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Number of Pages: Two (2) Signer's Name: Individual ❑ Corporate Officer— Title(s): — n Partner — O Limited C General r1 Attorney in Fact C Trustee u Guardian or Conservator Other: Signer Is Representing: ME Top of thumb here ®2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402-C hatsworth, CA 91313.2402• www.NatlonalNotary.org�Item #5907 Reorder: Call Toll -Free 1. 800 -876 -6827 4� ?•, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said C.4rw#ny, which are set forth on the reverse side hereof and arc hereby certified to be in full force and cl7-ect on the cla Q lYc l(�c z hereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS - BATES, Se��A, Rielta ADAIR and P. BAUER, all of Glendale, California, EACH its true and la_ of ��rt;'r�rnc..t6�` �t[; execute, seal and deliver, for, and on its hehalt as surety, and as its act,, n `4 ,� b n Ikb ertakings, and the execution of job such bonds or undertakings in pursuance (g4i c�c�j% st all be hi - er►i card Company, as fully and amply, to all � , + c. intents and purposes, as if they �ad�cj etLt��_ +zecut_r�r�wli�eJby the regularly elected officers of the Company at its office in Baltimo A�j) � ,r th�ik'2n prj >IZCj �1r�s,��This power ol' attorney revokes that issued on behalf of Richard ADAIR, P. BAUER� 0"' uar�;`�'1OC� �. - The said Assistant �cs�#teieby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By Leis" siud Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of June, A.D. 2011. ATTEST: 'gyp DEPOS�i a � W , �, IEtQ FIDELITY AND DEPOSIT COMPANY OF MARYLAND _, Eric D. Barnes Assistant Sc cretar.v State of Maryland I ss: City of Baltimore ;1 P,. y By: Frank E. Martin Jr. Vice President On this 27th day Of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary ol* the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of' the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t =..., w „o,`. POA -F 012 -0033D Constance A. Dunn Notar.v Public My Commission Expires: July 14, 2015 41 d7 - i EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice- Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto.' CERTIFICATE 1, the undersiLned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certily that the foregoing Power of Attorney is still in full force and el'l'cct on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimilc under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secrelar) of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of atlorncy issued by the Company, shall be valid and hinding upon the Company with the same force and effect as though nruuially afl,ixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and at-fixed the corporate seal of the said Company, this 22nd duly of September 2011 Issislalil 5eerelrlrr EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vicc- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one ol' the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, reco- nizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ol" judgements, decrees, mortgages and instruments in the nature of' mortgages,... and to affix the seal ol' the Company thereto.' CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certil'y that the foregoing Power of Attorney is still in full force and effect on the date ol' this certificate; and I do further certify that the Vice - President who executed the said Power of' Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of' the By -Laws of' the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power ol' Attorney and Certificate may he signed by facsimile under and by authority of' the following resolution of the Board ol' Directors of the FIDELITY AND DEPOSIT COMPANY OI- MARYLAND at a meeting duly called and held on the 10th day ol' May, 1990. RESOLVED: "That the facsimile or mechanically reproduced Seal ol" the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secret,"-\ 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 cl'fect as though manually all'ixcd." IN TESTIMONY WHEREOF, I have hereunto Subscribed my name and al' ixcd the corporate seal of the said Company, this 22nd day of September 2011 Lc.ci.clunl S��rrc�lurc TOM DALY CLERK- RECORDER 4187..1, PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATION OF ADMITTED SURETY INSURER I, Tom Daly, County Clerk - Recorder in and for said County, do hereby certify that based on the statewide database that FIDELITY AND DEPOSIT COMPANY OF MARYLAND has been issued a Certificate of Authority as an Admitted Surety by the Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California, OR, that authority has not been surrendered revoked cancelled annulled or suspended. In Witness Whereof, I have hereunto set my hand and affixed the seal of said County this 29th day of September 29, 2011. Tom Daly, Orange County Clerk- Recorder I Clerk (Seal) r� y NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF FINANCE AND RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 ♦ FAX (714) 834 -2675 • WWW.00RECORDER.COM • WWW,OCAI(CHIVES.COM