HomeMy WebLinkAboutC-2645STOP PAYMENT NOTICE OR NOTICE TO
WITHHOLD FUNDS
To: City of Arcadia
(Name of Owner, Construction Lender, or Public Officer —The one holding the construction funds)
240 W. Huntington Dr. Arcadia, CA. 91066
(Address of Person Named Above)
Regarding: Arcadia City Hall- 240 W. Huntington Dr. Arcadia, CA. /Energy Efficiency Retrofit Project
(Describe thejobsite and the project sufficiently to identify it)
Claimant EMCOR Services /Mesa Energy Systems has furnished
(Your name, or your company's name and address)
or agreed to furnish HVAC Controls of the following kind
(labor, services, equipment, or material)
Provide & Install HVAC controls & building Automation for - City Hall renovation project
(ge .cra'.:y describo :.he labor, services, equipment, or matuna!}
to or for ACCS -Air Conditioning
(the person to whom you furnished it)
for the work of improvement described above.
The value of the whole agreed to be done or furnished by claimant is $13,526.00
The value of that already done or furnished is $13,526.00 Claimant has been
paid $,
zero
, and there remains due and unpaid the sum of $13,526.00
interest at the highest legal rate per annum from 5 -31 -12
(date)
plus
You are required to set aside sufficient funds to satisfy this claim with interest and attorneys fees if
allowed by law.
DATED: 8 -29 -12
VERIFICATION
(Signature)
By: `k)c WIOS
(Type or Print Name)
1, Joe Ramos declare that I am the claimant, or agent of the
claimant, in the foregoing stop notice. I have read the foregoing stop notice and know the contents
thereof, and it is true and of my own knowledge, I declare under penalty of perjury that the
foregoing is true and correct, and that this declaration was executed under the laws of the State of
California on August 29th 92012 . r111
ignature
Joe Ramos
(Type or Print ame
(02012, Abdulaziz, Grossbart & Rudman
(818) 760 -2000 www.agriaw.com
STOP NOTICE
LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS
(Public or Private Work)
(Per California Civil Code Section 3103)
To: City of Arcadia Project: Arcadia City Hall Retrofit
(NAME OF OWNER, PUBLIC BODY OR CONSTRUCTION FUND HOLDER) (NAME)
240 West Huntinqton Dr. 240 West Huntington Dr.
(ADDRESS IF TO A BANK OR SAV /LOAN, USE ADDRESS OF BRANCH HOLDING FUNDS) (ADDRESS)
Arcadia, CA 91066 Arcadia, CA 91066
(CITY, STATE AND ZIP) (CITY, STATE AND ZIP)
TAKE NOTICE THAT Prime Acoustics
(NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED)
whose address is 31129 Via Colinas # 702 Westlake Village CA 91362
(ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE)
has performed labor and furnished materials for a work of improvement described as follows:
Arcadia City Hall Retrofit
(NAME AND LOCATION OF PROJECT WHERE WORK OR MATERIALS WERE FURNISHED)
The labor and materials furnished by ciaimant are of the foliowing general kind:
Furnish and Instal Acoustical Grid and Tile
(KIND OF LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR AGREED TO BE FURNISHED BY CLAIMANT)
The labor and materials were furnished to or for the following party:
AVI -Con Inc DBA CA construction
(NAME OF THE PARTY WHO ORDERED THE WORK OR MATERIALS)
Total value of the whole amount of labor and materials agreed to be furnished is: $ 86,851.00
The value of the labor and materials furnished to date is: ......... . ....... . $86,851.00
Claimant has been paid the sum of: .................................. . $ 72525.60
And there is due, owing and unpaid the sum of: ... . ...................... $14,325.4
You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable
costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any
construction funds for this project which are in your hands.
FIRM NAME: Prime Acoustics By: Doron Zahavi
VERIFICATION
I, the undersigned, say: I am the Owner the claimant
( "PRESIDENT OF,' "MANAGER OF; "A PARTNER OF; "OWNER OF,' "AGENT OF,' ETC.)
named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my
own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on June 18 2• 012 , at We a Villa e CA
(DATE THIS DOCUMENT CITY AND STATE WHERE THIS DOCUMENT WAS SIGNED)
(PERSONAL IGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE C NTENTS OF STOP NOTICE ARE TRUE)
REQUEST FOR NOTICE OF ELECTION
(Private Works Only)
(Per California Civil Code Section 3159, 3161, or 3162)
If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been
recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days
of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code
Sections 3159, 3161, or 3162.
igned:
(Claimant must Enclose Sell-Addressed Stamped Envelope)
BEFORE YOU USE THIS FORM, FILL IN ALL BLANKS, AND MAKE WHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR
PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE.
WWW.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. REV. 0401
Bond No. 024048250
Premium $169.00
BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE - PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS, That we, AVI -CON Inc. dba CA Construction
of 981 Iowa Avenue, Suite A, Riverside, CA 92507
hereinafter called Principal, as Principal, and Liberty Mutual Insurance Company
-
a corporation organized and existing under the laws of the State of
with principal place of business in 2100 Fleur Dr., Des Moines IA 50321 -1158 and authorized
to transact business in the State of California, hereinafter called Surety, are held and firmly bound unto
City of Arcadia
and any authority, or authorities, board or boards, officer or officers having control or distribution of money due, or to
become due under the contract, hereinafter called Obligee, in the sum of Sixteen Thousand Nine Hundred Eight and No /100ths
($ 16.908.00----------- ) lawful money of the United States
of America, for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Principal was awarded and entered
into a written contract, dated on or about IUn 7-707,,011
with the Obligee, for Provide & Install HVAC Controls & Building Automation for City Hall Renovation Project
and
WHEREAS, a certain stop - notice has been filed against payments which are due the said Principal in connection with said
contract, in the amount of Thirteen Thousand Five Hundred Twenty Rix and No /100ths
By EMCOR Services /Mesa Energy Systems
AND WHEREAS, the said Principal disputes the correctness or validity of enforceability of the stop- notice so filed, and
desires that the funds now due him under the provisions of said contract shall be delivered to him notwithstanding said
stop - notice.
NOW, THEREFORE, if the above named Principal shall pay any sum which the stop- notice claimant may recover on the
claim together with his costs of suit in the action, if he recovers therein, not exceeding the penal sum of this bond, then this
obligation shall be void, otherwise it shall be and remain in full force and effect.
THIS BOND IS GIVEN AND ACCEPTED under and in accordance with the provision of Section 3196 of the Civil Code of
the State of California.
Signed, sealed and dated this 31 st day of August , 2012
RECEIVED
SEP 0 6 2012
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPT.
I- a 6h-w zcti
By: Principal
Libert utual Insurance man
y�
Gerrit E. Brouwer, Attorney -in -Fact
to
_ TIM POWER�OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4348689
This. ower of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
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LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance
company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint
JAMES P. SCHABARUM 11, JEFFREY W. CAVIGNAC, GERRIT E. BROUWER, JENNIFER L. COX, JANIS THEODORE,
ALL OF THE CITY OF SAN DIEGO, STATE OF CALIFORNIA ........................................................... ...............................
................................................................................................................................................................ ...............................
, each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
ONE HUNDRED MILLION AND 001100"""' * * * * * * * * * * * * * ** DOLLARS ($ 100, 000,000.00 * * * * * * * * * * * * * * * * *** ** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 19th day of January
2011
LIBERTY MUTUAL INSURANCE COMPANY
�,✓_ 7
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss -`
COUNTY OF MONTGOMERY
On this 19th day of January , 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY V
first above written
CERTIFICATE
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
COMMONWEALTH OF PENNSYLVANIA L
Nstella, Nerd o \
Terelh Fas;ella, Notary y Cou
F:ymo:nh �],. A�IlN`ffgr'Nlfy �,(Ytl'iCy By
My Commission Expires Minch 28, 2013 Ter sa Pastelia, Notary Public
M.tNYiM#, Fero syly ,,, A—,o tm or N.Wri-
1, the undersigned, Assistahf Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article
XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 31st day of
---�$
By r
y
David M. Carey, Ass'. fit Secretary
P
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego
On August 31, 2012 before me, J. E. Theodore
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Gerrit E. Brouwer
Name(s) of Signer(s)
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My Commission Expires
DECEMBER 9 2015
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person( §) whose name(s) is /ewp subscribed to the
within instrument and acknowledged to me that he /6W&Afty
executed the same in histbot /,t it authorized capacity(ies),
and that by his/,tWfteir signature(S) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my an an ficial e
Signature
Place Notary Seal Above Si ure 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 the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):_
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Riverside }
On September 4 2012 before me, Haley Smith Orr Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Naomi Avila
Name(s) of Signer(s)
HALEY SMITH ORR
Commission # 1960040
-: Notary Public - California
Z Riverside County
My Comm. Ex Tres Nov 11, 2015
who proved to me on the basis of satisfactory evidence to
be the persons whose nameXis /ice subscribed to the
within instrument and acknowledged to me that * /she/they
executed the same in'his/her/thek authorized capacity(1e4
and that by1his /her/tlt34r signaturd* on the instrument the
personK or the entity upon behalf of which the personT*
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.
SignatureGL,Q.�� -,
Place Notary Seal Above Signature of Notary&Wblic
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):—
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
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Bond No. 024048249
Premium $349.00
BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE - PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS, That we, AVI -CON Inc. dba CA Construction
of 981 Iowa Avenue, Suite A, Riverside, CA 92507
hereinafter called Principal, as Principal, and Liberty Mutual Insurance Company
a corporation organized and existing under the laws of the State of
Iowa
with principal place of business in 2100 Fleur Dr. , Des Moines IA 50321 -1158 and authorized
to transact business in the State of California, hereinafter called Surety, are held and firmly bound unto
City of Arcadia
and any authority, or authorities, board or boards, officer or officers having control or distribution of money due, or to
become due under the contract, hereinafter called Obligee, in the sum of Thirty Four Thousand Eight Hundred
Seventy Five and NO/100s ($ 34 875.00 ) lawful money of the United States
of America, for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Principal was awarded and entered
into a written contract, dated on or about Junt 2-11, 2011
with the Obligee, for ___Arcadia City Hall Energy Efficiecy Upgrades - Electrical Installation and Lighting Upgrades
and
WHEREAS, a certain stop - notice has been filed against payments which are due the said Principal in connection with said
contract, in the amount of Twenty ';even Thousand Nine Hundred and No /100th
By Oases Electric Inc
AND WHEREAS, the said Principal disputes the correctness or validity of enforceability of the stop- notice so filed, and
desires that the funds now due him under the provisions of said contract shall be delivered to him notwithstanding said
stop - notice.
NOW, THEREFORE, if the above named Principal shall pay any sum which the stop - notice claimant may recover on the
claim together with his costs of suit in the action, if he recovers therein, not exceeding the penal sum of this bond, then this
obligation shall be void, otherwise it shall be and remain in full force and effect.
THIS BOND IS GIVEN AND ACCEPTED under and in accordance with the provision of Section 3196 of the Civil Code of
the State of California.
Signed, sealed and dated this 31st day of
RECEIVED
SEP 06 2012
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPT,
August 2012
Gerrit E. Brouwer, Mnorney- in -r-aci
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4348688
'This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the irt.Z,ht h ®rein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance
company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint
JAMES P. SCHABARUM II, JEFFREY W. CAVIGNAC, GERRIT E. BROUWER, JENNIFER L. COX, JANIS THEODORE,
ALL OF THE CITY OF SAN DIEGO, STATE OF CALIFORNIA ...... ...............................
.................................. ............................... .........................................................................................................
each individually if there be more than one named, its true and lawful attorne y in -fact to make, execute, seal, acknowledge and deliver, for and on its
ONEbehalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
HUNDRED MILLION AND 00/100 * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * ** DOLLARS ($ 100. 000,000.00 * * * * * * * * * * * *eenal * **
eac
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these h, and the
presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization:
ARTICLE XII I - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 19th day of January
2011
LIBE.RRTT-Y, MUTUAL INSURANCE COMPANY
s• Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 19th day of January 2DJI, before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY
first above writtel
CERTIFICATE
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
COMMONWEALTH OF - PENNSYLVANIA
Nrnatial seal
Teresa Pasc®Ila, Notary Public
P;yrr,;.:uth Twp., 0.AnntWar1Wy Cr'n3y By
My Corrmissiotr Expires Minch 28, 24Y5 Ter sa Pastella, Nota Public
Mmx;Mrr; Fetwrsylvenrn Aswcii#iu3 ci N>isrlay ry
1, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article
XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said company, this 31St day of
A6ig6}st --- — 1
David M. Carey, Ass' 't Secretary
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego
Notary Public,
On August 31, 2012 before me, J.E. Theodore
Date
Insert Name of Notary exactly as it appears on the official seal
personally appeared Gerrit E. Brouwer Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(t.) whose name(s) is /affi2 subscribed to the
within instrument and acknowledged to me that he /6MANy
executed the same in his/Pi ##Rir authorized capacity(ies),
� ,�,,.... and that by hislml�,t/ /firth�ir signature(t,) on the instrument the
J..E. THEODORE K person(,$), or the entity upon behalf of which the person(s)
COMM. X1983151 acted, executed the instrument.
NOTARY MiUC•CALIFORNIA
i SAN DIE G10 COUNTY I certify under PENALTY OF PERJURY under the laws of
My Commission empires
DECEMBERS 2015 and correct California that the foregoing paragraph is true
Witness my h and ficial e
Signature
Place Notary Seal Above Si a re of Notary Public
OPTIONAL
Though thandcouldfprevvent fraudulent removal required
al an- reattachment valuable
the, form to anotrelying cument. document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
0 Other:
Signer is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
N�
' 0-C;A 1FORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Riverside
On September 4, 2012 before me, Haley Smith Orr Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Naomi Avila
Name(s) of Signer(s)
HALEY SMITH ORR
Commission # 1960040
Notary Public - California
Riverside County
My Comm. Expires Nov 11, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personl(*4whose nameXis /imsubscribed to the
within instrument and acknowledged to me that * /she/they
executed the same in'his/her/iheir authorized capacity(1>'4
and that byiais /her/theitsignature* on the instrument the
persons or the entity upon behalf of which the personN
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 PubNe
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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Stop Notice
To: City of Arcadia
240 W Huntington Dr
Arcadia, Ca
Iloo --80
C, 4 y5-
RECEIVED
MAR 12 2412
CITY OF ARCADIA
CITY CLERK
THIS IS TO NOTIFY YOU THAT THE UNDERSIGNED OASES ELECTRIC, INC. ("CLAIMANT"), LOCATED AT 850
W FOOTHILL BLVD #12. AZUSA, CA 91702, FURNISHED LABOR, SERVICES, EQUIPMENT AND MATERIALS
MORE PARTICULARLY DESCRIBED AS : "ELECTRICAL INSTALLATION AND LIGHTING UPGRADES"
PURSUANT TO A CERTAIN CONTRACT BETWEEN CA CONSTRUCTION AND OASES ELECTRIC, INC FOR
THAT CERTAIN WORK OF IMPROVEMENT KNOWN AS: ARCADIA CITY HALL ENERGY EFFICIECY
UPGRADES. THE AMOUNT OF THE VALUE, AS NEAR AS MAY BE PRESENTLY DETERMINED, OF THE WORK
ALREADY DONE AND FURNISHED IS 568.400.00 WHICH WAS AND IS THE REASONABLE VALUE OF THE
SAME. THERE HAS BEEN PAID AND CREDITED TO DATE THE SUM OF S40,500.00 AND THERE IS NOW
PRESENTLY DUE AND OWING TO THE CLAIMANT THE SUM OF $27.900.00. AFTER DEDUCTING ALL JUST
CREDITS AND OFFSETS. THIS SUM HAS NOT BEEN PAID.
Date: March 12,2012 (Oases Electric, Inc)
By:
Brandon Ortiz
Vice President, Oases Electric, Inc.
VERIFICATION
I am the Claimant on the forgoing Stop Notice, and am authorized to make this verification for
and on Claimant's behalf. I have read the forgoing Stop Notice and know the contents of the Stop
Notice, containing among other things, a correct statement of the Claimant's demands after deducting
all just credits and offsets, to be true to the best of my knowledge.
I declare under penalty of perjury under laws of the State of California that the forgoing is true
and correct.
Executed this 12 day of March, 2012 at Azusa, California
By:
Brandon Ortiz
i
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(PROJECT NO. 17820411)
CONTRACT FOR THE
CITY OF ARCADIA
ARCADIA CITY HALL ENERGY EFFICIENCY RETROFIT PROJECT
1. PARTIES AND DATE.
�" -•
-'--
This Contract is made and entered into this t?5— day of dIA E o , 201, by and
between the CITY OF ARCADIA (hereinafter called the "City ") and AVI -C N, INC. dba CA
CONSTRUCTION (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by City on May 2, 2011, has
submitted a bid proposal for construction the Arcadia City Hall Energy Efficiency Retrofit Project
described in the Contract.
2.3 City has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on June 27, 2011.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
RVPUB\DRD \570015
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Contract Appendix
Part "A" -
General Conditions
Part "B" -
Supplementary General Conditions
Part "C" -
Special Provisions
Part "D" -
Specifications
Part "E" -
Drawings (under separate cover)
CONTRACT - 1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 17820411)
Part "F" - Performance Bond
Part "G" - Payment Bond
ADDENDUM NO. 1 dated May 16, 2011
ADDENDUM NO. 2 dated May 16, 2011
ADDENDUM NO. 3 dated May 27, 2011
ADDENDUM NO. 4 dated & sent via email June 2, 2011
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law.
Contractor, s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work for the construction of the
Total Bid Amount necessary to fully and adequately complete Arcadia City Hall Energy
Efficiency Retrofit Project, including any alternates selected by the City, and all structures and
facilities described in the Contract (hereinafter the "Work "), for a total of ONE MILLION, TWO
HUNDRED EIGHTY -THREE THOUSAND DOLLARS AND NO CENTS, ($1,283,000.00), as
specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced
Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable
terms of this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
RVPUB\DRD \570015
CONTRACT - 2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 17820411)
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within One Hundred
Twenty (120) Calendar Days, beginning ten (10) Calendar Days after the date on which the Notice
to Proceed is sent by the City to the Contractor. Moreover, Contractor shall perform its Work in strict
accordance with any completion schedule, construction schedule or project milestones developed
pursuant to provisions of the Contract, including but not limited the Project Schedule located in the
Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of FIVE HUNDRED DOLLARS ($500.00) PER DAY as provided
by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 City's Basic Obligation.
City agrees to engage and does hereby engage Contractor as an independent contractor to
furnish all materials and to perform all Work according to the terms and conditions herein contained
for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to
Contractor, as full consideration for the satisfactory performance by the Contractor of the services
and obligations required by this Contract, the above referenced compensation in accordance with
compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require 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 agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the City.
RVPUB\DRD \570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 17820411)
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
Avi -Con, Inc. dba CA Construction
981 Iowa Avenue, Suite A
Riverside, CA 92507
Attn: Aaron Avila, President/CEO
City
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Dave McVey, General Services Superintendent
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the parry at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CITY OF ARCADIA
AVI -CON, INC. dba -CA CONSTRUCTION
By:
Donald Penman
City Manager -
Title
ATTE T:
Ahlin
By.
Citf Cle
4'
Approved as to Form:
By: 2aA& P /
Steph n P. Deitsch
City Attorney
RVPUB\DRn\570015 CONTRACT-4
I All
■
(PROJECT NO. 17820411)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self - insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
RVPUB\DRD \570015
CONTRACTOR:
Na` of Contractor: - Vt- GoN,lhc. dba CA Col L,C� -�vn
Signature
��a o m -v P �\ \jj
Name
\� � C e e. r14-
Title
- ?-q- 2-00
Date
CONTRACT (EXHIBIT A)
GB -STATE &LOCAL (505/507/660) (7/24/00)