HomeMy WebLinkAboutC-1548CONTRACT
THIS CONTRACT, made and executed this 14th day of February
19 96 , by and between the City of Arcadia, California, hereinafter
referred to simply as City, and
TRANSPACIFIC ENVIRONMENTAL, INC.
hereinafter referred to simply as Contractor.
WITNESSETH: That the parties hereto do mutually agree and covenant
as follows:
1. For and in consideration of the payments and covenants
hereinafter specified to be made and performed by City,
Contractor shall perform and complete the following:
10
(Bid Items Accepted by City and Included Herein)
and to perform and complete the same in a good and workmanlike
manner all the work pertaining thereto shown on the Plans and
Specifications therefor; to furnish at his own cost and
expense all tools, equipment, labor, services, and materials
necessary therefor (except such materials, if any, as in the
said specifications are stipulated to be furnished by the
City), and to do everything required by this contract, special
provisions, technical specifications, construction plans,
drawings and details, and all addenda issued by City to the
foregoing prior to the opening of bids.
2. For furnishing all said materials and labor, services, tools,
and equipment, and doing all work specified herein, also
arising out of the nature of the work aforesaid, or from the
action of the elements, or from any unforeseen difficulties
which may arise or be encountered in the prosecution of the
work until its acceptance by the City, and for all risks of
every description connected with the work, for all expenses
incurred by or in consequence of the suspension or
discontinuance of work, except such as in said specifications
are expressly stipulated to be borne by the City and for well
and faithfully completing the work in the manner specified in
said Plans and Specifications, the City will pay and the
Contractor shall receive in full compensation therefor the
lump sum price or if the bid is on the unit price basis, the
total price for the several items furnished pursuant to the
specifications, as set forth in Contractor's bid heretofore
filed by him and accepted by City, at the times and manner
specified in the Contract Documents.
C -1
CONTRACT - (cont'd)
3. Contractor agrees to perform the work according to the terms
of this Contract for price(s) named in the bid, and City
agrees to pay the same at the time, in the manner, and upon
the conditions stipulated in the said contract documents.
4. Subject to the provisions of this Contract, all terms,
covenants, conditions, and provisions hereof shall inure to
and shall bind each of the parties hereto and each of their
respective heirs, executors, administrators, successors, and
assigns.
5. The Notice Inviting Bids, Information Required of Bidders,
Contractor's Bid, Special Provisions, Technical
Specifications, Construction Plans, Drawings and Details, and
all addenda issued by City to the foregoing prior to the
opening of bids, are hereby incorporated in and made part of
this contract by reference and are collectively referred to
therein and herein as "Contract Documents."
6. Contractor shall be responsible for compliance with the
Apprenticeable Occupations Regulations of Labor Code, Section
1777.5, including compliance by all subcontractors.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
CITY ARC DI CONTRACTOR
By TransPacific Environment4l Incorporated
Mayor
By
(SEAL)
ATTEST:
h
C' Clerk
APPROVED AS TO FORM:
1�h(t,a /f/ ;�A
Cit Att rney
ACA 1/83
C -2
esident
Title
FROM TransPacific Environmental Inc PHONE NO. : +310 906 5226 Dec. 19 1995 12:54PM P08
r
EXECUTED IN DUPLICATE EA,1MUJ4 PERFORMANCE BOND BOND NO: 003005222
100 of Contracc Price PREMIUM: $4,655.00
KNOW ALL MEN BY 'THESE PRESENTS, THAT WE
TRANSPACIFIC ENVIRONMENTAL, INC.
hereinafter referred to as "Contractor" as PRINCIPAL, and _
AMWEST SURETY INSiURANCE COMPANY
A corporation duly organized and doing business under and by virtue
of the laws of the State of California and duly licensed for the
purpose of making, guaranteeing, or becoming sole surety upon bonds
or undertakings as Surety, are held and firmly bound unto the CITY
OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in
the sum of TWO HUNDRED FORTY THREE THOUSAND SIX HUNDRED FIFTY SEVEN & N01100 * **
Dollars ($ 243,657.00 * * *. ) 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, assigns and
successors, jointly and severally, firmly by these presents,
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said
Contractor has been awarded and is about to enter into a Contract
with the City to perform all work required pursuant to the contract
documents for the project entitled:
1995 -96 ANNUAL TREE MAINTENANCE PROGRAM ON VARIOUS STREETS
which Contract, is by this reference incorporated herein, and is
required by the City to give this Bond in connection with the
execution of said Contract;
NOW, THEREFORE, if said Contractor and his Subcontractors
shall well and truly do and perform all the covenants and
obligations of said Contract on his part to be done and performed
at the times and in the manner specified herein including
compliance with all Contract specifications and quality
requirements, then this obligation shall be null and void,
otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in
the material to be furnished, which may be made pursuant to the
terms of said Contract, shall not in any way release said
Contractor or the Surety thereunder, nor shall any extensions of
time granted under the provisions of said Contract release either
said Contractor or said Surety, and notice of such alterations of
extensions of the Contract is hereby waived by said Surety.
in the event suit is brought upon this Bond by the City and
judgment is recovered, said Surety shall pay all costs incurred by
the City in such suit, including a reasonable attorney's fee to be
fixed by the Court.
ACA 6/89
C -3
FROM,: TransPacific Environmental Inc PHONE NO. : +310 906 5226 Dec. 19 1995 12:54PM P09
IN WITNESS WHEREOF, We have hereunto set 5pur hands and seals
this 22ND day of DECEMBER 19
TRANSPACIFIC ENVIROMENr INC. AMWESF SURETY INSURANCE COMPANY
Princi Surety
By Q .�
(SEAL) i3yt.
( EA�) --
KELLY A. TMAN ATTORNEY —IN —FACT
ACA 6/89
C -4
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
S.S.
COUNTY OF San Bernardino )
On Z3_ �3 1� -Q5 , before me,
Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(g) whose name(s) is/AxtaXsubscribed to the within instrument and
acknowledged to me that (,b(Y/she /q executed the same in
Uft/her/th)eoft authorized capacity (, and that the entity upon
behalf of which the person(AX) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
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Z FRANCES LEFLER
S COMM. #1058976 S
NOTARY PUBLIC- CALIFORNIA
P
J ° SAN BERNARDINO COUNTY P
7 Al My Comm. Exp. May 14, 1999
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Signature of Notary ublic
* * * * * * * * * * * * * * * * * ** ********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
X Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
**************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: Bond
Number of pages:
Date of document:_
Signer(s) other than named above: none
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
FROM TransPacific Environmental Inc PHONE N0. +310 906 5226 Dec. 19 1995 12:55PM P10
EXEMTED IN DUPLICATE BOND N0: 003005222
�luo of ontra_L p._c�I PREMIUM INLODED IN PERFORMANCE
BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
TRANSPACIFIC ENVIRONMENTAL, INC.
hereinafter referred to as "Contractor" as PRINCIPAL, and
AMIEST SURETY INSURANCE COMPANY
a corporation duly organ.iZed and doing business under and by virtue
Of the laws of the State of California, and duly licensed for the
purpose of making, guaranteeing, or becoming sole Surety upon bonds
or undertakings as surety, are held and firmly bound unto the CITY
OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in
the sum of TWO HUNDRED FORTY THREE THOJSAND SIX HUNDRED FIFTY SEVEN AND NCB 1100 * **
Dollars ($243,657.00 * ** ) , lawful money of the United States of
America For the payment of which hum, well and truly to be made, we
bind ourselves, our heirs, executors, administrators, assigns and
successors, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said
Contractor has been awarded and is about to enter into a Contract
With the City to perform all work required pursuant to the contract
documents.for the project entitled:
1995 -96 ANNUAL TREE MAINTENANCE PROGRAM ON VARIOUS STREETS
which Contract is by this reference incorporated herein, and is
required by the City to give this Bond in connection with the
execution of said Contract;
NOW, THEREFORE, if said Contractor or subcontractor in said
Contract fails to pay for any materials, equipment, tools,
provisions, provender or other supplies, or teams, or services, or
for rental of same, used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under applicable law with respect to
any work or labor thereon, said Surety will pay for the same in an
amount not exceeding the sum specified above, and also, in case
suit is brought upon this Bond, a reasonable attorney's fee, to be
fixed by the Court. This Bond shall inure to the benefit of any
and all persons, companies, or corporations entitled to file claims
under applicable law;
ACA 9/79
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FROM TransPacific Environmental Inc PHONE NO. : +310 906 5226 Dec. 19 1995 12:56PM P11
PROVIDED, that any alterations in the work to be done, or the
materials, equipment, tools, provisions, provender or other
Supplies, or teams, or services to be furnished, which may be made
Pursuant to the terms of said Contract, shall not in any way
release either said Contractor or said Surety thereunder, nor shall
any extensions of time granted under the provisions
Contract release either said Contractor oP said
or said Surety, and notice
Of such alterations or extensions of the Contract
by said Surety, is hereby waived
IN WITNESS WHEREOF, we hav h reunto set our hands and seals
this 22ND day of DECE�
19 95 ,
TRANSPACIFIC ENVIRONMENT , INC. AMWEST S ETY INSJRANCE COMPANY
Princ' Surety
sy
SEAL) By.
••(
L) LY A. SAITMAN
ATTORNEY -IN -FACT
ACA 9/79
C -6
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
S.S.
COUNTY OF San Bernardino )
On �i 9S , before me,
_Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(g) whose names) is/OXsubscribed to the within instrument and
acknowledged to me that (2W/she/tOMV9 executed the same in
htw/her /th)e�ax authorized capacity(, and that the entity upon
behalf of which the person(AX) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
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Z FRANCES LEFLER Z
S COMM. #1058976 S
P `�� NOTARY PUBLIC- CALIFORNIA
My Comm. Ex .Ma COUNTY P
My Cmm. Exp. May 14, 1999 �
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Signature of Notarif Public
****************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
X Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
**************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Bond
Date of document:_
Signer(s) other than named above: none
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
Ius/1988M
EXPIRATION DATE 5_18_96 EXECUTED IN DUPLICATE POWER NUMBER 0000476571
READ CAREFULLY
This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company (the "Company') on the front
and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until
the expiration date.
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company'), does hereby make,
constitute and appoint:
KELLY A. SAITMAN
JAY P. FREEMAN
AS EMPLOYEES OF AVERBECK INSURANCE BROKERS
its true and lawful Attorney -in -fact with limited power and authority for and on behalf of the Compan sure o execut and affix the seal of the company
thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Mill Act other pe an and or other written obligations in
the nature thereof as follow:
License & Permit Bonds up to $ * * * * * 10,000.00
Miscellaneous Bonds up to $ * * ** *10,000.00 0
Bid Bonds up to $* *1,000,000.00
Contract (Performance & Payment), Court, Subdivision $* *2,500,000.00 "
and to bind the company thereby. This appointment is made under and by an o - e By- w' f Corn hich are now in full force and effect.
I the undersigned secretary of Amwest Surety Insurance Company, a lifomia Co orati REBY
tP Y that this Power of Attorney remains in full
force and effect and has not been revoked and furthermore, that the eso "ons of the rd of trecrforth on this Power of Attorney, and that the relevant
provisions of the By -Laws of the Company, are now in full ford e
Bond No. 003005222 Signed & sealed this y of err , ` 95.I,�
Karen G. Cohen, Secretary
ES - UTIONS �T E BO F DIRECTORS * * * tit * * * slt * *
This POA is signed and sealed by facsimile and =by e auth( ZI!,o follo�rbsolutions adopted by the Board of Directors of Amwest Surety Insurance
Company at a meeting duly held on Decem ".15, 19 e�
RESOLVED, that the President or ice Presider w th th�Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with
authority as defined or limited in the ' idenci the app mtment in . ch case, for and on behalf of the Company, to execute and deliver and affix the seal
of the Company to bonds, undertaki s, re ipe nizances; nYyship obligations of all kinds; and said officers may remove any such attomey -in -fact or agent and
revoke any POA previously gran t r son `s.
RESOLVED FURTHE bond, cj ing, recogni c , or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the Pres ent or any •.ic re ent an to ted and sealed (if a seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or ice esident occ etary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney -in -fact or t; or
(iii) when duly executed and sea al be reiluT by one or more attomeys -in -fact or agents pursuant to and within the limits of the authority evidenced
by the power of attorne 'ssue the Compan such person or persons.
RESOLVED FURTHER, tha ature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification
thereof authorizing the execution an delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal
when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto
affixed this 1st day of January, 1993.
O� gr �t:sya.,1 � do
State of California John E. Savage, Pres dent Karen G. Cohen, Secretary
County of Los Angeles
£ On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to
{gi me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he /she /they
executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
�p11[IIIItr /p WITNESS hand and official seal. OFFICIAL SEAL
1NSUq�''' %,, PEGGY B. LOFTON
...••• qy �., Notary Pubilc- California
0(�P0g4 Signature
Seal LOS ANGELES COUNTY
=�MAy Lofton Notary Pu (Seal) My ComrrdWon E);**s
AN 2e, 1995
:�
J 97,a
nuntta00
RECORDING REQUESTED BY
CT TY OF ARCADIA
AND WHEN RECORDED MAIL TO:
NAME JUNE D. ALFORD, CITY CLERK
STREET CITY OF ARCADIA
ADDRESS 240 WEST HUNTINGTON DRIVE
CITY, STATE& P.O. BOX 60021
ZIP CODE
L ARCADIA, CA 91066 -6021
96 1015462
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
n� CALIFORNIA
3:41 PM JUN 26 1996
FF�EE 1 F
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is CITY OF ARCADIA
3. The full address of the owner is 240 WEST HUNTINGTON DRIVE, ARCADIA, CALIFORNIA 91007
4. The nature of the interest or estate of the owner is: In fee.
(IF OTHER THAN FEE, STRIKE "IN FEE" AND INSERT, FOR EXAMPLE, "PURCHASER UNDER CONTRACT OF PURCHASE," OR "LESSEE ")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
/. A work of improvement on the property hereinafter described was completed on JUNE 18, 1996
The work done was:
1995 -96 ANNUAL TREE MAINTENANCE PROGRAM ON VARIOUS STREETS
8. The name of the contractor, if any, for such work of improvement was TRANSPACIFIC ENVIRONMENTAL INCORPORATED
FEBRUARY 14, 1996
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT "NONE ") IDATE OF CONTRACT)
9. The property on which said work of improvement was completed is in the City of ARCADIA
Countyof LOS ANGELES Stateof CA ,and is described asfollows: 1995 -96 ANNUAL TREE MAINTENANCE
PROGRAM ON VARIOUS STREETS WITHIN THE CITY OF ARCADIA.
10. The street address of said property is VARIOUS STREETS UNDER PRO ECT AS NOTED ABOVE.
Dated: JUNE 19 , 19 9 6
(IF NO STREET ADD AS EN F CIALLY ASSIGNED, INSERT "NONE ".)
_ _ q
(S }yZUf , Q�NK OR CcQ�ii T1J OFFId1yjWNWg8INZRAGRAPH 2 OR
VERIFICATION
I, the undersigned, say: I am the CITY CLERK OF THE CITY OF ARCADIA the declarant of the foregoing notice of completion;
( "PRESIDENT OF ", "MANAGER OF-, "PARTNER OF ", "OWNER OF ", ETC.)
I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury
that the foregoing is true and correct.
Executed on JUNE 19 1996 at ARCADIA, CALIFORNIA
n — (CITY) (STATE)
WERSONAL SIGNATURE OF THE
DUNE D. ALFOI
WOLCOTTS FORM 1114 - Rev. 8 -94 (price class 3A)
NOTICE OF COMPLETION
01994 WOLCOTTS FORMS, INC.
y .o �.rc ninu i nn i 'HE LONIENTS OF THE NOTICE OF COMPLETION ARE TRUE.)
CITY CLERK
(See reverse side for additional Information)
.III��W�,�mI111,