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AGREEMENT
THIS AGREEMENT, made and executed this 23rd day of June
19 97 , between the City of Arcadia, whose address is 240 W. Huntington
Drive, Arcadia, California 91007, (hereinafter referred to as "CITY ") and
Signal Maintenance, Inc. whose address is
2283 Via Burton St. _ _..hereinafter referred to as "CONTRACTOR".
Anaheim, CA 92806
RECITALS
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A. City has invited bids relative to the Traffic Signal Maintenance,
a three (3) year contract.
B. Contractor has submitted a bid for the performance of the work above
described and warranted to the City that it is possessed of the
skills requisite in order to complete the said project.
C. City has accepted the bid submitted by the Contractor and authorized
the award of the contract to the Contractor.
NOW, THEREFORE, in consideration of performance by the parties of the
covenants and conditions herein provided, City and Contractor agrees 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:
TRAFFIC SIGNAL MAINTENANCE
THREE (3) YEAR CONTRACT
s~ 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
o" 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
ft 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
r 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
db 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
am in said Plans and Specifications, the City will pay and the
M 23
r
Contractor shall receive in full compensation therefor 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.
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.
S. 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
r
executed the day and year first above written.
CITY OF ARCADIA
CONTRACTOR
By 51t . S L MA T E INC.
Mayor
Byt
James R. Thompson
r �
(SEAL) Assistan ecretary
Title
am
tr.
ATTEST:
Le-1 /& a
Clerk
APPROVED AS TO FORM:
City At
as 24
Bond No. 158691702
ift
FAITHFUL PERFORMANCE BOND
loots of contract Price
we KNOW ALL PERSONS BY THESE PRESENTS:
That Signal Maintenance, Inc.
do hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and
Continental Casualty 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 Thirty Six Thousand Dollars & 00 /100
Dollars ($36,000.00 ) lawful money of the United States of America
for the payment of which sum, well and truly to be made, we bind
do 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:
TRAFFIC SIGNAL MAINTENANCE
THREE (3) YEAR CONTRACT
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
r 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
r1r 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
�
5th day of May 19 97
Signal. Maintenance, Inc.
Pi inripsl
/ r
.r B }
( ") e y J Jr., President
25
er
Continental Casualty Company
Surety
(SEAL) Sandra'J. Mathis, Attorney -
In -Fact
do CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On May 7, 1997 before me, Margarita C. Ottosson, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared Leroy J. Ogg, Jr. *••••••""«««*....,. ,...... «...... *... * « «. * *.... * **
Name(s) of Signer(s)
Apersonally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(&)
whose name(&) is /am subscribed to the within instrument
and acknowledged to me that heir executed the
same in hisAllilefiWamir authorized capacity(iaal, and that by
his /heir signature(gl on the instrument the person(Q,
or the entity upon behalf of which the person(a) acted,
executed the instrument.
MAR'GARlrAC.oTrOS90N WITNESS my hand and official seal.
comm. # 1040409
•'e Notary Pudic — Callfomla
ORANGE COUN1Y
My Comm. Ex0103 SEP 30.1996
Signature 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 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:
1
i
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
.. of
0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called 'the CNA Surety Companies "), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
Edward L. Mitchell, C. A. Driver, Sandra J. Mathis, Sandra S. Carter, Catherine M. Lindsay, Individually
of Atlanta, Georgia
their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 19th day of February 1 1996
a4r` %NSUR4 ,y W O�
,�yoRroagTfo
Z
IDLY ll,
ov SEAL < 1902
1897 � NAH�" � •
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
s
M.C. Vonnahme Group Vice President
State of Illinois, County of Cook, ss:
On this 19th day of February 1996 , before me personally came
M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
,. same to be the act and deed of said corporations.
Pc. DE�10
F
NOTARY
PUBLIC
0k co ••
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
I, John M. Littler , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 5th day of May 199
G>U��r CONTINENTAL CASUALTY COMPANY
�t►°i"' 4r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
p AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
a JULY 71, #
v SERI- tir =P 199Z
1897 Nom'[' •
John M. Littler Assistant Secretary
(Rev.7/14/95)
Bond No. 158691702
LABOR AND MATERIAL BOND
(100% of Contract Price)
KNOW ALL PERSONS BY THESE PRESENTS:
That Signal Maintenance, Inc.
hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and
Continental Casualty 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
Thirty Six Thousand Dollars & 00 /100 Dollars ($36,000.00 ),
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:
TRAFFIC SIGNAL MAINTENANCE
THREE (3) YEAR CONTRACT
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;
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
5th day of May
r
Si n 7._Mai.ntenance, Inc.
Principal
go 000,
BY:
�Ss L L y J g, Jr., President
26
r..
19 97
Continental_ Casualty Company
Surety
By a
(SEAL) Sandra J. Mat is, Attorney -
In -Fact
to #'-AI IGnRN1A ALL-PURPOSE ACKNOWLEDGMENT
State of ralifornia
County of Grange
On May 7 19A7 before me, Mar
p, D Date Name and Title of Officer (e.g., " ane Doe, otary Public ")
personally appeared * *•• * * * * *•• Leroy .1 Jr.
Name(s) of Signer(s)
Ckpersonally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(,
whose name(W is /= subscribed to the within instrument
and acknowledged to me that he4glIM executed the
same in his / authorized capacity(it, and that by
his/4MIJW signatureo on the instrument the person *,
or the entity upon behalf of which the person(g) acted,
executed the instrument.
P g MARGARRAC.o rosm WITNESS my hand and official seal.
COMM. # 1040409
'e Nctary PutWe — CaNfomb
ORANGE COUNTY
My Comm. Expires SEP 30.1998
Signature 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 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:
1
I
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
.d
RIGHT THUMBPRINT
OF SIGNER
...
Signer's Name:
1
i
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
.p of
® 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Heorder: Uall mi -rree 1- uuu- aro -oezr
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies "), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
Edward L. Mitchell, C. A. Driver, Sandra J. Mathis, Sandra S. Carter, Catherine M. Lindsay, Individually
of Atlanta, Georgia
their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 19th day of February , 1996
CONTINENTAL CASUALTY COMPANY
��Q'��Y e0"� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
OAAiE i
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
G� of p Ati \\w - ^• �L1T(e
JULY 11, #
o� SEAL `S < ism
1897 Nom" - •
M.C. Vonnahme Group Vice President
State of Illinois, County of Cook, ss:
On this 19th day of February 1996 , before me personally came
M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporations.
PG' D�10
20 s
J
+ NOTARY
PUBUC
ok Co..
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
1, John M. Littler , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 5th day of May 19g
G�W SUBS CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTF011%D
oo"PorurE 0 �� \M� �T AMERICAN CASUALTY COMPANY OF READING, PENNSYI_VP.NIA
Z rP a JULY 11, #
Ov SEAL ` 1902
ow ✓ •
1897
John M. Littler Assistant Secretary
(Rev.7/14/95)
ACKNOWLEDGEMENT OF ANNEXED INSTRUMENT
M
STATE OF Georgia
r• COUNTY OF Fulton
On this 5th day of May 19 97 , before me personally came
Sandra J. Mathis who, being by me duly sworn, did depose and say
that she is an Attorney -in -Fact of the Continental Casualty Company
and knows the corporate seal thereof, that the seal affixed is said annexed instrument is such
corporate seal, and was thereto affixed by authority of the Power of Attorney of said
Company, of which a Certified Copy is hereto attached, and that she signed said Instrument
as an Attorney -in -Fact of said Company by like authority.
Acknowledged and Sworn to before me
on the date above written
Dolores D. Watkins
Notary Public of Georgia
NeAery► Public, Fulton County, Oeorgla
My Commission Expires June 8, 1997
My Commission Expires:
Am
M
W.
o�GV.�O
--ra 9
AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE CONTRACT BY
AND BETWEEN THE CITY OF ARCADIA AND
SIGNAL MAINTENANCE INC.
This Amendment ( "Amendment ") is hereby entered into by and between the
City of Arcadia, a municipal corporation in the state of California, and Signal
Maintenance Inc. with respect to that certain Agreement between the parties dated
June 23, 1997 ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 7.01 of the Agreement, the tern of the Agreement is
extended to and including June 23, 2001.
2. All of the terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment on the date set
forth below.
CITY OF ARCADIA
i
(SEAL)
ATTEST:
dtTClerk
APPROVED AS TO FARM:
City Attorney
CONTRACTOR
Signal Maintenance, Inc.
Presidedt
Title