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HomeMy WebLinkAboutC-1497Job No. 608 CONTRACT ORIGINAL THIS CONTRACT, made and executed this 18th day of December 19 91 , by and between the City of Arcadia, California, hereinafter referred to simp yy as City, and California Electrical Services 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: Installation of Traffic Signal System at Santa Clara Street (Name of Project) and Second Avenue - Job No. 608 Fifty Nine Thousand Two Hundred Thirty Dollars ($59230.00) (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. ACA 9/79 C -1 Job No. 608 CONTRACT - (cont'd) 3. Contractor agrees to perform the wor k Contract for price(s) named in the bid, the time, in the manner, and upon the contract documents. ,I` ORIGINAL according to the terms of this and City agrees to pay the same at conditions stipulated in the said 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 OF By yor (SEAL) ATTEST: A WC P OV7YO RM: City ttorney ACA 9/79 C -2 CONTRACTOR CALIFORNIA ELECTRICAL SERVICES 5324 SAN FERNANDO RD, GLENDA.LE, CA 91202 By , -a2 — Title ORIGINAL SW BOND NO. 201123P Job No. 608 PRE11IUM: $1,185.00 FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL MEN BY THESE PRESENTS, THAT WE California Electrical Services hereinafter referred to as "Contractor" as PRINCIPAL, and Indemnity Company of California 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 FIFTY NINE �PHOUSAND T�V0 HUNDRED THIRTY N01100 Dollars (a5 9,2 30.00 * *l 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: Installation of Traffic Signal System at Santa Clara Street and Second (Insert Title Shown on Proposal) Ave. Job. No. 608 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 9/79 C -3 0 d %W ORIGINAL Job No. 608 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of November 9 19 91 . California Electrical Services Principal By: o (SEAL) 6 l ACA 9/79 C -4 Indemnity Company of California Surety By: -- J 'D. NSINGER orney -In- act AL) Job No. 608 BOND NO. 201123P PRENIIIN: $1,185.00 LABOR AND MATERIAL BOND (50% of Contract Price) (100% of Contract Price of 5100,000 or more) KNOW ALL MEN BY THESE PRESENTS, THAT WE California Electrical Services hereinafter referred to as "Contractor" as PRINCIPAL, and Indemnity Company of California 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 TWENTY NINE THOUSAND SIX FUNDRED FIFTEEN N01100 Dollars ($2 9,615.0 0 *1, 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: Installation of Traffic Signal System at Santa Clara Street and Second (Insert Title Shown on Proposal) Ave. Job. No. 608 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 Job No. 608 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 of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of November f 1991 California Electrical Services Indemnity Company of California Principal - Surety gy; By:- , (SEAL) JOHN D. HUNSINGER Attorney-In-Fact ACA 9/79 N C -6 POWER OF ATTORNEY OF IN4w,- :MNITY COMPANY OF CALIFOR.00A N© 082841 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1992. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *JOHN D. HUNSINGER, MARY BYRNE, JOINTLY OR SEVERALLY * ** I he true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) in any single undertaking; giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self- insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA By — Harry C. Crowell, President ATTEST By ��J i4rwl� Walter A. Crowell, Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) �pANy 1pP0 R4ff ° ; z OCT. S, 1967 n IFOF�� +�? DEVELOPERS INSURANCE COMPANY By Harry C. Crowell, President y�NSUR, Q ? F o� MAR 27, o ° o i 1878 i n�OF O RH��T ATTEST By Walter A. Crowell, Secretary On January 2, 1991, before me, the u ndersigned, a Notary Public in and for said State, personally appeared Harry C. Crowell and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to bathe persons who executed the within instru ment as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature — — Notary Public CERTIFICATE �wrwrrrrwwr OFFICIAL SEAL VIRGINIA M. LOUMAN i, NOTARY PUBLIC - CALIFORNIA ` ro PRINCIPAL OFFICE IN ORANGE COUNTY �a My Commission Exp. Apr. 9, 1993 The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this ?2nd day of November 199 1 INDEMNITY COMPANY OF CALIFORNIA By L.C. Fiebiger Senior Vice President ID -310 REV. 12/90 DEVELOPERS INSURANCE COMPANY �P1.My �`ppFOR ,llf ? OCT S` ° r / b � B y 1967 a L.C. Fiebiger /FOlk 41 Senior Vice President P5 NSUPq ��GOR P 0 R�r� �^ O \ MAR. 27, ° p i 1878 i �n��IFORN0'�