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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) • •saaaaaaaa• +aaraaraaraaaaa:s�pm �,.. Z FRANCES LEFLER S COMM. #1058976 S NOTARY PUBLIC- CALIFORNIA P J ° SAN BERNARDINO COUNTY P 7 Al My Comm. Exp. May 14, 1999 aaaaaaaaaaaoaaaaaaaa , aaaaaaaraa 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 C -5 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) aaaaasaaaaaaaaaaaaaaaaaar�sanus� •. Z FRANCES LEFLER Z S COMM. #1058976 S P `�� NOTARY PUBLIC- CALIFORNIA My Comm. Ex .Ma COUNTY P My Cmm. Exp. May 14, 1999 � oiaaaaaaaaaoeaaaaaaaroa�eaaaaaaaae 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,