2018/08/01 American Asphalt South, Inc. PMP NO18-01 FY18/19 Slurry Seal Program CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PMP 18-01: FY18-19 SLURRY SEAL PROGRAM
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"), and American Asphalt
South, Inc ("Contractor"), whose principal business address is 14436 Santa Ana Ave,Fontana,
CA 92337 on the 1st day of August, 2018.
In consideration of the mutual covenants and agreements set forth herein, the Agency and
Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in accordance with the Contract
Documents (as hereinafter defined), including all work, labor, services, materials and equipment
described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto
and incorporated herein by reference(such construction and furnishing of labor, service, materials
and equipment hereinafter referred to as the"Work") in a good worker-like and substantial manner
and to the satisfaction of the Agency, in connection with the (PMP NO. 18-01 (FY18/19
SLURRY SEAL PROGRAM) to be constructed on various streets within the City of Menifee,
California. The term Contract Documents shall mean this Agreement, and all of the items
enumerated in Exhibit"A" and all change orders or addenda issued by the Agency with respect
thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit"A" shall
be deemed revised in accordance with any revisions for which Agency's consent has been issued.
Any revisions to the scope of Work for which Agency's consent has not been issued shall be null
and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work
performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit
"B", Contract Price, attached hereto and incorporated herein by reference. Payments to the
Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements
shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid
and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency,exclusive
of maintenance periods, within the specified duration set forth in the Notice to Proceed.
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered
with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the
Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement
by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
6. NON-DISCRIMINATION
In the performance of this Agreement,the Contractor shall not refuse or fail to hire or employ any
qualified person, or bar or discharge from employment any person, or discriminate against any
person,with respect to such person's compensation,terms,conditions or privileges of employment
because of such person's race, religious status, sex or age.
7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency,the City Engineer of the City of Menifee shall be the Agency's authorized
representative in the interpretation and enforcement of all Work performed in connection with this
Agreement. The City Engineer may delegate authority in connection with this Agreement to
his/her assigned designees.
8. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder,as Contractor,I certify that I am aware of the provisions
of Section 3700 of the Labor Code, which requires 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 Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements
of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause
each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for worker's
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 Agreement."
9. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor
with respect to the Work. In the event of conflict between the terms of this Agreement and the bid
of the Contractor, then this Agreement shall control and nothing herein shall be considered as an
acceptance of the terms of the bid conflicting herewith.
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10. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records
and other evidence pertaining to costs incurred and shall make such materials available at its office
at all reasonable times during the term of this Agreement and for three (3) years from the date of
final payment under this Agreement, for inspection by Agency and copies thereof shall be
furnished to Agency if requested.
11. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and
shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the
right to control Contractor insofar as the results of Contractor's services rendered pursuant to this
Agreement; however, Agency shall not have the right to control the means by which Contractor
accomplishes such services.
12. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and
approvals of whatever nature which are legally required to practice its profession. Contractor
represents and warrants to Agency that Contractor shall, at its sole cost and expense,keep in effect
at all times during the term of this Agreement, any licenses, permits, qualifications or approvals
which are legally required for Contractor to practice its profession.
13. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws of the State of California,and the appropriate venue for any action or proceeding arising from
this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside,
Temecula Branch
14. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
15. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the
False Claims Act,California Government Code sections 12650,et seq.,provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the Agency seeks to recover
penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor
to an administrative debarment proceeding wherein Contractor may be prevented from further
bidding on public contracts for a period of up to five(5) years.
I have read and understood all of the provisions of this Section 15, above:
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(Initial) (Initial)
16. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other
than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY: CONTRACTOR: ��
City of Menifee �j1,�f'i�g1? o,�/� ,�j77f,.;Ir,
By: U t By:
fji i! Z)A4 , Mayor N e: eff Pe
Its: Vice President
APPRO TO FORM: By:
I �t
Ze: Lyle Stone
By Its: Secretary
kf rey Melching, Attorney
ATTEST:
(J #036203
S ah Manwaring, City Clerk Contractor's City Business License No.
784969 (A)
State Contractor License No. & Class
14436 Santa Ana Ave
Street Address
Fontana, CA 92337
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation,the signatures of two separate
persons holding different offices must be provided.]
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas,telephone, and cable television company specifications and standards
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EXHIBIT B
CONTRACT PRICE
Not-to-Exceed Four Hundred Fifty-One Thousand Two Hundred Ninety Five Dollars and
Zero Cents ($451,295.00)
The Contract Price for performing all Work described in the Contract Documents, including labor,
materials, services and equipment is the total amount of all lump sum items and of all unit price
sums, determined by multiplying the unit price for each item times the actual quantity of each such
item, as determined by the Agency.
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BIDDER'S PROPOSAL
PMP 18-01-FY18-19 SLURRY SEAL PROGRAM
The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
PMP 18-01-FY18-19 SLURRY SEAL PROGRAM and appurtenant work in connection therewith,
said work to be done and materials to be furnished in strict conformity with the plans,
specifications,all other referenced documents and all codes and regulations the prices shown
on this proposal.
The undersigned has examined the location of the proposed work,and is familiar with the plans
and specifications and the local conditions at the place the work is to be done, and also
understands that the project will be completely constructed in turn-key condition acceptable to
the Owner be for the price of the proposal,including all fees and sales tax upon any materials so
furnished.The undersigned has also carefully checked all of the figures given and understands
that the Owner will be responsible for any errors or omissions on the part of the undersigned in
submitting this proposal.
The Contractor confirms that his/her bid is submitted with respect to the changes to the contract
included in all addenda issued by the Owner.
Receipt is hereby acknowledged of Addenda No.(s)
The undersigned has examined the current State of California schedule of prevailing wage rates
for the types of work to be done on this project and agrees to pay not less than these rates.
ITEM ESTIMATED
NO. DESCRIPTION UNIT UNIT PRICE EXTENDED ITEM AMOUNT
QUANTI Mobilization I Demobilization I LS 20,000
Not to Exceed A 400.06
2 Public Notifications 1 LS S�UOtl-a0 S�UUO•vv
3 Implementation of BMP's I LS 1,060.00 1,000.00
4 Traffic Control 1 LS g0,d00.o0 217,6ua-op
Remove Existing Striping,Legends, I I,S /d 775.00 JC 7 7 S.no
and RPMs
6 Type 11 REA RPAfS 7 3$b15$3.00
Thermoplastic 12"solid white stop
7 limit line and STOP legend per City 40 EA Z�a 00 / (s 90,00
Std. 1200 at existing locations)
8 Blue Dot installation per City Std.No. 150 EA #6 ti
705
9 "DIP'Pavement legend. (at existing 3 EA sry 00 /Z 3 2.OD
locations)
10
"DIPS"Pavement legend(at existing 2 EA
/]�.UD 3$Z.00
locations)
11 12'Crosswalk legend per City Std. 60' LF
(at existing locations) to•U 5 3
12
•'PED XING"Pavement(at existing EA 330.00 to(,d.0o
locations
TOTAL /S/ zg5•pD
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BIDDER'S PROPOSAL(continued)
PMP 18.01-FY18-19 SLURRY SEAL PROGRAM
fiur Xnd(ed F;j y -One. 16.sand Two f vvidlrd Af,'ra4y r—A- cl.11 rc amd Zero ccnfS
Total Extended Amount Written in words
In the event of a variation between the unit price and extended total,the unit price will be used
and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot
be reconciled it will be considered non-responsive and will not be considered for award.
The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s)
with that of all additive or alternative bids(if any) (review this on a bid by bid basis)of bidders
deemed by the Owner to be responsive in all other aspects. If equal low bids are received from
responsible and responsive bidders the selection shall be made by drawing lots,or other similar
random blind method selected by the Owner. If only one responsive bid is received from a
responsible bidder the award shall not be made unless the price can be determined to be
reasonable based on an analysis by the Owner. The Owner's determination as to the
reasonableness of any such bid shall be final.
All bids received shall be recorded on an abstract(tabulation)of bids,and then made available
for public inspection.
The quantities listed in the bid proposal are provided to give a general indication of the scope of
the work and for the comparison of bids.No warranty is made,either expressed or implied,that
the actual quantities of work to be done will correspond therewith. Item numbers followed by
"(S)"are designated as specialty items.
By signing and submitting this bid the Contractor confirms that they are familiar with the work
site and all existing conditions that may affect their work and that they have read and agree to
all the terms, conditions and requirements contained or referenced herein and that all the
aforementioned has been included in the bid prices listed above including items of work that may
not have a specific pay line item and that there shall be no additional costs to the Owner.
WARNING: If an addendum or addenda have been issued by the Owner and not noted above
as being received by the bidder,this Bid may be rejected.
Complete the following: //
AWriliM
ge
Legal name of the
business
CQ V19
Business Type(Corporation,Partnership,Sole Proprietor)
N-14
DBA(if any)
1-2
290/031858-0008
7645681.2 a07/16/18 Page 8
BIDDER'S PROPOSAL(continued)
PMP 18-01-FY18-19 SLURRY SEAL PROGRAM
W/ems AeloAlum
Name and title of the owner / / /
./eme� i�>� /C7 — CB �/L�IiQ'C't9� ✓ ooc ✓t'-CY2° �L
Name and title second partner or officer
Business Address
Telephone number
Facsimile number
z/eSC�QI�Cr;amul, ,11, �Om
aila/Iddress of primary contact
N 4
Company web address
Signature f Prime Contractor Date S' ature of Prime Contractor Date
Print name and t?e' Pri name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-3
290/031858-0008
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BIDDER'S PROPOSAL(continued)
PMP 18-01-FY18-19 SLURRY SEAL PROGRAM
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class"(enter required license classification)"Contractor's License
2. A failure to possess the required license, a failure to truthfully set forth the following
information, or a failure to execute this Certificate renders the proposal nonresponsive and
requires the City to reject the proposal. (Business and Professions Code Section 7028.15)
3. Contractor declares,under penalty of perjury,that he possesses the required Contractor's
licen5e(5)which: p/moo p
a. Bears the license number(s):
b. Expires on:_- Q//®����
Signatur of Prime Contractor Date Si lure of Prime Contractor Date
Print name and itle PrimKnarne and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
This required license determination has been made by the Owner. Any Contractor holding a
different license who feels he is qualified to bid on this work must so advise the owner at least
seven(7)days prior to the bid opening.A review of the contemplated work will be made and the
Owner's decision as to the required license will be final.
1-4
290/031858-0008
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Premium Included in Performance Bond Bond No. 12163029
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, in the County of Riverside, State of California,
by minute action passed , has awarded to American Asphalt South,Inc.hereinafter
designated as the "Principal," a contract for construction of the
PMP 18-01: FY18-19 Slurry Seal Program project together with appurtenances
thereto, and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract providing that if said principal, or any of his or its subcontractors shall fail to pay
for any materials, provisions, provender, or other supplies or equipment used in, upon,
or about the performance of the work contracted to be done, or for any work or labor
done thereon of any kind, the Surety of this bond will pay the same to the extent
hereinafter set forth;
NOW, THEREFORE, we American Asphalt South, Inc. as Principal,
and The Guarantee Company of North America USA as Surety, are held
and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum
Four Hundred Fifty One Thousand Two Hundred
of one hundred percent (100%) of the amount Ninety Five and No Cents Dollars
($ 451,295.00 ), lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, provender, rented or hired teams, implements, or machinery, or
other supplies or equipment of any kind used, in, upon, for or about the performance of
the work contracted to be done, including, but not limited to, that part of water, gas,
power, light, heat, oil, gasoline, or telephone service directly applicable to the contract,
or for any work or labor thereon of any kind, or for any amounts due under the California
Unemployment Insurance Code with respect to such work or labor, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Principal and subcontractors pursuant
to Section 13020 of the California Unemployment Insurance Code with respect to such
work and labor, and provided that any person, so furnishing said supplies or equipment
contributing to said work to be done, or any person who performs work or labor upon
the same, or any person who supplies both work and supplies or equipment therefore
shall have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of
the California Civil Code, as amended, or any successor thereto, then said Surety shall
pay the same in or to an amount not exceeding the amount hereinabove set forth and
also shall pay in case suit is brought upon this bond, such reasonable attorney's fees as
shall be fixed by the court.
The bond shall inure to the benefit of any and all persons, companies, and
corporations named in California Civil Code Section 3181, as amended, or any
successor thereto, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration, or modifications of the Contract Documents or
of the work to be performed thereunder shall in any way affect its obligations on this
bond and it does hereby waive notice of such change, extension of time, alteration, or
modification of the Contract Documents or of work to be performed thereunder.
Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the
Contract may be served upon Principal at this address:
P.O. Box 310036 Fontana,CA 92331
and upon Surety at this address:
One Towne Square, Ste. 1470, Southfield, Michigan 48076
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named, under penalty of perjury, on the 14th
day of August , 2018 , the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
American Asphalt South, Inc.
Principal
By OR4
e 4. Ace 16 b6ol
The Guarantee Company of North America USA
S u rety
By C � _
Sara Walliser,Attomey-in-Fact
Civil Code of the State of California, Section 1188, CERTIFICATE OF
ACKNOWLEDGMENT
An officer taking the acknowledgment of an instrument must endorse thereon or attach
thereto a certificate substantially in the forms hereinafter prescribed.
(INDIVIDUAL)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2
before me, personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and
acknowledged that executed the same.
WITNESS my hand and official seal.
SEAL
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public- State of California
(CORPORATION)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument as president (or secretary) or on behalf of the corporation therein
named acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
SEAL
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public - State of California
(PARTNERSHIP)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of , in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument on behalf of the partnership and acknowledged to me that the
partnership executed it.
WITNESS my hand and official seal.
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
SEAL
Notary Public - State of California
(ATTORNEY IN FACT)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of , in the year 2 before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument as the attorney in fact of
and acknowledged to me that he/she subscribed the name of
thereto as principal, and his/her own name as
attorney in fact.
WITNESS my hand and official seal.
SEAL
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public - State of California
4
.............
�.--,�LITORNIA ALL- PURPOSE
it
CERMF1C,AXE OF ACKNOWLEDGMEHIT
A notary public or other officer completing this certificate verifies only the identity
rl 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 Sq-!0 Ger(no-t j ins
On AU t. before me,
(Here insert name and title of the of9cer)
personally appeared
who proved to me on the basis of satisfactory evi nce to be the person(srwhose
n a m e(-sl is/ate subscribed to the within instrument and acknowledged-to me that
he/�re/thery' executed the same in his/h+--r/their authorized capacity(ies), and that by
hisfii-ffr/thdr siial gnature(,,3-) on the instrument the person(g), or the entity upon behalf of
which the person(.e) 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.
5
JERI MARI
ITNESS my and an cial seal. E Wfilf
COMM. #2210424 z
ul 0
Notary Public -California
0
Z
San Bernardino County —
C 43M.ExpireS Aug.18,2021
a a Pu Ic sio"t'r
ry Pu ic Signatur (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING TI-11S FORM
A DDIT ONAL 0 TIONAL INFORMATION
DESCRIP ATTACHED DOCUMENT if needed,should be completed and attached to the document.AcknowledgmentsA&W fi-oln other states may be coinjoleledfoi-documents being sent to that state so long
as the wording does not require the Califoi-manotai-v to violate Colifo,-,
nolail,
lair.
(Title or description of attached document) 0 State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
ii
o Date of notarization must be the d-
ate that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
is
The notai), public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
Print the names) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER Indicate the correct sinRLilar or plural forms by crossing off incorrect foams (i.e-
he/she/fl+e,,--, is/are or circling the correct forms.Failure to correctl%,indicate thisik
0 Individual (s) information may lead to rejection of document recording.
0 Corporate Officer o The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges. re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
El Partner(s) e Signatureof the notary public must match the signature on file with the oil-ice of
the county clerk,
E:1 Attorney-in-Fact
Additional information is not required but Could help to ensure this
r Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is 11
coroorale officer,indicate the title(i.e.CEO.CFO.Secretary)
5
V Securely attach this document to the sieved document with a staple.
V,�l Sin,;
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 Butte )
On August 14, 2018 before me, Elizabeth Collodi, Notary Public
(insert name and title of the officer)
personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ma
subscribed to the within instrument and acknowledged to me that to/she/executed the same in
A3Wher/ibeixauthorized capacity(i*, and that by iai:9iher/Nm*signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(z) 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 m hand and official seal.
y :� °`� ^',y ELIG`R�BET�?CO3.Li?Dl
" 1 COMM.#2227348 D
41?a9' NOTARY'PUBLIC CALIFORNIA
<. COUNTY OF BUTTE W
y
Comm.Expires FEB.1,2022 �®
Signature ( "�
THE The Guarantee Company of North America USA
GUARANTEE` Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Renee Ramsey,John Hopkins,Elizabeth Collodi,Bobbie Beeny,Phillip O.Watkins,Mindy Whitehouse,Jennifer Lakmann,Sara Walliser,
John J.Weber,Stephanie Agapoff,Katherine Gordon,Jessica Monlux,Breanna Bofman,Vicky Troyan
Interwest Insurance Services,LLC
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity
and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise.
The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315`day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company
of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
oJ.r►"TEE C0 IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer,this 2ndday of October,2015.
r �qr THE GUARANTEE COMPANY OF NORTH AMERICA USA
4�R�NaM�a`�r
STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary
County of Oakland
On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said company.
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
.pjt
aKt�� Notary Public, State of Michigan Company of North America USA offices the day and year above written.
:---'•, �
��-,ro•_nrn, ::__ County of Oakland
My Commission Expires February 27,2024 �
`=< _••-<-'.,' Acting in Oakland County
c
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
poe IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14th day of August 2018
1�'PnVAN �P Randall Musselman,Secretary
Premium for Contract Term Subject to Bond No.12163029
Adjustments Based on Final Contract Price Premium$3,159.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, County of Riverside, State of California, by
minute action passed has awarded to American Asphalt South,Inc. hereinafter
designated as the "Principal', a Contract for construction of the
PMP 18-01:FY18-19 Slurry Seal Program project together with appurtenances thereto, and
WHEREAS, said Principal is required under the terms of said Contract to furnish
a bond for the faithful performance of said Contract.
NOW, THEREFORE, we American Asphalt South, Inc. as
Principal, and The Guarantee Company of North America USA a corporation organized and
existing under the laws of the State of Michigan , and duly authorized to transact
business under the laws of California, as Surety, are held and firmly bound unto the City
of Menifee hereinafter called the Contracting City, in the penal sum of one hundred
percent (100%) of the amount of Four HundreddFiNoCenfty One ThousandTwoHundred Dollars ($ 451,295.00 )
Ninety Five and No Cents ,
lawful money of the United Stated of America, for 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 THE OBLIGATION IS SUCH that, if the hereby bounded
Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in
all things stand to and abide by and well and truly keep and perform all the
undertakings, terms, covenants, conditions and agreements in said Contract and any
alteration thereof, made as therein provided all within the time and in the manner therein
designated and in all respects according to their true intent and meaning, and shall
faithfully fulfill the one-year guarantee of all materials and workmanship after final
acceptance; and shall indemnify and hold harmless the City of Menifee, 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.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the Contract Documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the Contract Documents or of work to be performed thereunder.
No final settlement between the Principal and the Contractor hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
5
Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the
Contract may be served upon Principal at this address: P.o.Box 310036 Fontana,CA 92331
and upon Surety at this address: one Towne Square,Ste.1470,Southfield,Michigan 48076
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 14th day of August , 2 018
The name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority of its
governing body.
American Asphalt South,Inc.
Principal
By - 6WW
Te ei, v'i"e 104whol-
The Guarantee Company of North America USA
S u rety
By
Sara alliser,Attomey-in-Fact
6
Civil Code of the State of California, Section 1188, CERTIFICATE OF
ACKNOWLEDGMENT
An officer taking the acknowledgment of an instrument must endorse thereon or attach
thereto a certificate substantially in the forms hereinafter prescribed.
(INDIVIDUAL)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of , in the year 2 , before me,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and
acknowledged that executed the same.
WITNESS my hand and official seal.
SEAL
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public - State of California
(CORPORATION)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2
before me, personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as president (or secretary) or on behalf of the
corporation therein named acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
SEAL
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public - State of California
7
(PARTNERSHIP)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year 2
before me, personally appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument on behalf of the partnership and acknowledged to me that the
partnership executed it.
WITNESS my hand and official seal.
SEAL See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public- State of California
(ATTORNEY IN FACT)
State of California )
County of Riverside ) ss.
City of Menifee )
On this day of in the year
before me, personally appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument as the attorney in fact of
and acknowledged to me that he/she subscribed the name of
thereto as principal, and his/her own name as attorney
in fact.
WITNESS my hand and official seal.
SEAL
See Attached—California all Purpose Acknowledgment Complies with Civil Code 1189
Notary Public- State of California
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document property name.a04/06/18 Page 1
i � Itii
i CALIFORNIA ALL- PURPOSE
� , I
CERTIFICATE OF ACKNOWLEDGMENT '
I
A notary public or other officer completing this certificate verifies only the identity
1 of the individual who signed the document to which this certificate is attached,
� I
and not the truthfulness, accuracy, or validity of that document.
II
)
State of California
i
I 1 ,
! County of V10 }
!I=i
i 4 I I
i On before me,
j (Here insert name and title of the officer)
( personally appeared
who proved to me on the basis of satisfactory evi nce to be the person(s-Twhose I
• I ,
j name(g) is/ate subscribed to the within instrument and acknowledged to me that Ii
i he/she/tied executed the same in his/her/their authorized capacity(ies), and that by I
his/lae-r/*l iir signature(s) on the instrument the person(.$), or the entity upon behalf of �.
which the person(s) acted, executed the instrument.
i
1 certify under PENALTY OF PERJURY under the laws of the State of California that ff
the foregoing paragraph is true and correct.
i p
f\j7ublic
7ri
hand and ff'cial seal. cpM�A#221Ro424 =
°� � jory Public-California
z Bernardino County
' m.Ex 'res 18,2021
k ture (Notary Public Seal)
(! INSTRUCTIONS . OR COMPr ETI IG THIS FOR
' A�DITI AL a TIONAL INFORI` ATION Thisfornh complies with cruTent Calii -nia stalutes regarding notarl-wording and,
j DESCRIPTIO t
T ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknoudedgments L
i fi•onh olher stales ntav be completed.joh-documents being sent to that state so latg
as the hording does not require the California notate to violate California iiolary
/all'. Ir:
i
Title or description of attached document I P� ) o State and County information must be the State and County where the document
signers)personally appeared before the notary public for acknowledgment.
o Date of notarization must be the date that the signer(s)personally appeared which r
(Title or description of attached document continued) nwst also be the same date the acknowledgment is completed.
® The notary public must print his or her name as it appears within his or her
Number of Pages Document Date
! 9 commission followed by a comma and then}roar title(notary public).
o Print the name(s) of document signers) who personally appear at the time of
notarization.
Indicate the correct singular or Plural forms b crossing off incorrect fonns(i.e. I'CAPACITY CLAIMED BY THE SIGNER - p ��
he/she/tiler is/aFe)or circling the correct forms.Failure to correctly indicate tilts
j ❑ Individual (s)
information may lead to rejection of document recording.
i ❑ Corporate Officer o The notary seal impression must be clear and photographically reproducible. I±
r.
Impression must not cover text or lines. If seal impression smudaes, re-seal if a
i (Title) sufficient area permits,othmvise complete a different acknowledgment form.
❑ Partner(s) e Signature of the notaly public must match the signature on fle+,ith the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this l i
❑ Trustee(s) acknowledgment is not misused or attached toil different document.
indicate title or type of attached document,number of pages and date. t
❑ Other indicate the capacity claimed by the signer. If the claimed capacity is a I '
corporate officer,indicate the title(i.e.CEO.CFO.Secretarv).
f ,
Securely attach this document to the signed document with a staple I�
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 Butte )
On August 14, 2018 before me, Elizabeth Collodi, Notary Public
(insert name and title of the officer)
personally appeared Sara Walliser
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am
subscribed to the within instrument and acknowledged to me that ke/she/executed the same in
/her/tbeixauthorized capacity(i*, and that by her/NTWcsignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(2) 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. 'ram EL17-ABETH COLLODl
com.#2227348 D
9�i''��.� PlOTr',T:Y PUBLIC CALIFORNIA �
t ` 3uo lf� COUNTY OF BUTTE G'
Comm.Expires FEB.1,2022
Signature ($ —�
THE The Guarantee Company of North America USA
GUARANTEE Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Renee Ramsey,John Hopkins,Elizabeth Collodi,Bobbie Beeny,Phillip O.Watkins,Mindy Whitehouse,Jennifer Lakmann,Sara Walliser,
John J.Weber,Stephanie Agapoff,Katherine Gordon,Jessica Monlux,Breanna Bofman,Vicky Troyan
Interwest Insurance Services,LLC
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity
and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise.
The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315`day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company
of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
J TE&r, IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
F� its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015.
0. age THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary
County of Oakland
On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said company.
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
Notary Public,State of Michigan Company of North America USA offices the day and year above written.
�_ �.•Rg,.__.,J County of Oakland
My Commission Expires February 27,2024
`=fir •._:..-;>', Acting in Oakland County
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
6J TECC'o IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 14th day of August 2018
S��R"'"""�`d��%a Randall Musselman,Secretary