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HomeMy WebLinkAboutC-2012„oc O GtNAL AMENDMENT NO.2 TO MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND PAVECO CONSTRUCTION, INC. This Amendment No. 2 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Paveco Construction, Inc. with respect to that certain Agreement between the parties dated September 16, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended for one year from date of execution of Amendment No. 2. 2. Contract unit prices reflect increase in consumer price index of 4.4% as shown on Attachment "A." 3. Contract amount $94,400.00. 4. 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 By: unw William R. Kelly, City Manager Date (SEAL) APPROVED AS TO FORM: st� P. Stephen P. Deitsch, City Attorney PAVECO CONSTRUCTION, INC. Patricia A. Fleming (Print name) _, c President (Title) CONCUR: : 2wT/ 4 Public Works Services Director M 0 City of Arcadia Bid Analysis Contract Extension Maintenance Contract for Pavement Repair of Utility Cuts with 4.4% adjustment Proiect No. NIA $90,40.00 ;i.U4,4VV.VV ATTACHMENT "A" Cri inal Unit Prices +4.4 % Adjustment ITEM Paveco Construction, Inc. Adjusted Unit Prices NO. DESCRIPTION UNIT EST. Unit Price Amount Unit Price Amount CITY. 1 Mobilization per Utility Cut (Residential Streets) EA 170 $110.00 $18,700.00 $114.84 $19,522.80 2 Mobilization per Utility Cut (Collector and Arterial Streets) EA 60 $160.00 $9,600.00 $167.04 $10,022.40 3 AC Pavement Repair(0 to 250 SF Per call -out) SF 35001 $14.00 $49,000.00 $14.62 $51,156.00 4 AC Pavement Repair(250 SF to 500 SF per call-out) SF 500 $9.50 $4,750.00 $9.92 $4,959.00 5 AC Pavement Repair(greater than 500 SF per call -out) SF 500 $7.00 $3,500.00 $7.31 $3,654.00 6 PCC Pavement Repair SF 350 $14.00 $4,900.00 $14.62 $5,085.80 $90,40.00 ;i.U4,4VV.VV ATTACHMENT "A" 0 0 FAITHFUL PERFORMANCE BOND 100% of Contract Price Bond No. 104669925 Premium $1,416.00. KNOW ALL PERSONS BY THESE PRESENTS: That Paveco Construction, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America_ A corporavon awy organizea ana ooing 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 NINETY FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($94,400.00) 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: MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 11th day Of Apri 1 Paveco Construction, Inc. Principal (Notarized) (SEAL Travelers Casualty and Surety Company of America L%r, I Richard Adair, Attorney in Fact CALIFORNIA .ALL- PURPOSE ACKNOWLEDGMENT State of Calif f ornia County of Los Angeles On April 11. 2006 before me, P.. Bauer, Notary Public Ogle Name Intl Title or Olr�ur (I.9.. Jana Doe. Noury FYI ' personally appeared Richard Adair... Name(e) or Sipner(aJ r IXpersonally known tome – OR – ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(h) is/afe subscribed to the within instrument and acknowledged to me that he /ake/they executed the same in his/her /their authorized capacity(i*, and that by P. eavEra� -�s.�h hisA4eWflieir signature( on the instrument the person(*, ( Commission s t3sob3p ( or the entity upon behalf of which the person(V acted, ,it, Notary Public - California § executed the instrument. Los Angeles county _ 1 Comm. Expires Oct WITNESS my hand and official seal. OPTIONAL Though the information below is not required bylaw, It may prove valuable to persons relying cn 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: ❑ ED ED Signer is Representing: ..a....,,. a i..w-, 104 Signer's Name: IN IN El ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Pmo. No 5907 'rrGRTTril1WRPRINT OF SIGNER Raortler. Call Toll -Free 1-800-879-6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of WS �l l l 11 in On {r, I I w �' `^ before me, ' W (f� Po bb i Date F /�' Namye�antl Tple of OBlc r(e.g.,'Jane Doe, Nel Pudic') personally appeared o n 1�1(al_ !R% ❑ ersonally kn6wn to me proved to me on the basis of satisfactory evidence to be the personwhose nameke'J- Is r>r subscribed to the within Astrument and acknowledged to me that p �/therexecuted the same in /their authorized capacityjieej. d at by -pi &their signature(5).of the instrument the persorl(s), or the entity upon behalf of which the persol acted, executed the instrument. WITNESS my +hand and official seal. 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: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑Limited ❑Gener ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservat9r Other: 7 Signer Is Representing: ®1989 Nalpnal Notary Assaiation• 9350 De Soto Ave., P.D. Box 24 @•CbalSwoM, CA 91313- 2402•www.nationalnolary.org Prod No 5907 Reader: Call Toll -Free 1- Boo - 876609 0 0 LABOR AND MATERIAL BOND (100% of Contract Price) Bond No. 104569925 KNOW ALL PERSONS BY THESE PRESENTS: That Paveco Construction, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America Premium included in FP Bond 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 NINETY FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($94,400.00), 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: MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS 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 11th day of Apri 1 2006. Travelers Casualty and Surety Company of America I , WAIWN4 Richard Adair, Attorney in Fact _ Paveco Construction, Inc. Principal (Notarized) Travelers Casualty and Surety Company of America I , WAIWN4 Richard Adair, Attorney in Fact _ Ll CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 0 On.Aori1 tt- 2005 beforeme, P.. Bauer., Not ary Public flab Ne end Tllle of OlrKer,,u7 .lane Dee. Navvy PUN;. ' personally appeared Richard Adair .. ` - Namelel of 5lprwrye) ` IXpersonally known tome– OR –❑ proved to me on the basis of satisfactory evidence to be the person(&) whose name(!%)) is/are subscribed to the within instrument and acknowledged to me that he /spe/tpey executed the same in his/her /their authorized capacity(1ec), and that by P. snuEi� hls/i7ef/theirsignature( on the instrument the person(, Commi lion N 1380630 or the entity upon behalf of which the person(sj acted, Notary Pubflc - Californio les county I executed the instrument. Los Ange My comm. Expires Oct 19, 2006 WITNESS my hand and official seal. ' i11P18F�e of NOtery PUNK' 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: CD ❑ ❑ Signer Is Representing: Signer's Name: ■ IN, ❑ ❑ 0 ❑ Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited Attomey -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: ,.. ........_.....- ­11.11 ..nnixmna Pme No. 590; RIGHTTH Nr UMRPRI OF SIGNER R -M-1.. Call 700.F. 1 -8667& V 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California l LLI Linn pa C County of �fA'�`-J On l pti I (y ZL7 ' before me, 1 ' �^� (� � C) ' nlf A)lll G , 1e nn 1 0— Name aM Tnlo oj Officer g.,'Jene Doe, No Pu06c � ( personally appeared 1' , Signature of Notary Puck Namels) of Signer(s) OPTIONAL ❑ personally known to me may prove valuable to persons relying on the document and could prevent proved to me on the basis of satisfactory Description of Attached Document evidence Title or Type of Document: N' BNMAG to be the person;Wwhose nameare- Cdn 0 152I4 $6 Poo�ryPUM -C�krtw San a I - A R Caody subscribed to the within strument and acknowledged to me that h st >tfT�y executed MVC0M E�fNOv4 the same in HFs�theirr authorized capacityaao- -and that by 4w&theTr- Signer's Name: signature(eyl5h the instrument the persoD(a), or the entity upon behalf of which the persop( acted, executed the instrument. m 1959 Natlanel NOlery AVOCietion • 9350 Da Solo AVe., PO, S , 2402 • CEal.dh, CA 91313@402 -.we eeonalrntery.org Prof. No 5907 Hegme[ cau ree -Ire. r auu turf, eaa WITNESS my hand and official seal. _ / L/1 ' ICJ GPI Signature of Notary Puck 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: tuber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top or thumb here ❑ Corporate Officer —Title ❑ Partner — O Limite General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardia r Conservator ❑ Othe . Signer Is Representing: m 1959 Natlanel NOlery AVOCietion • 9350 Da Solo AVe., PO, S , 2402 • CEal.dh, CA 91313@402 -.we eeonalrntery.org Prof. No 5907 Hegme[ cau ree -Ire. r auu turf, eaa ` TRAVELFMFASUALTY AND SURETY COMPANY OF RICA TOWLERS CASUALTY AND SURETY COMPANY FARbHNGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT IGNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Richard Adair, Gail Kelch, Patricia L. Rowley, P. Bauer, of Glendale, California, their true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached- (I 1 -00 standard) 1(60- AMENDMENT NO. 1 TO MAINTENANCE CONTRACT FOR PAVEMENT REPAIR UTILITY CUTS CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND PAVECO CONSTRUCTION, INC. This Amendment No. 1 ( "Amendment') is hereby entered into by and bete the City of Arcadia, a municipal corporation of the State of California, and Pa, Construction, Inc. with respect to that certain Agreement between the parties d September 16, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 1 2005. 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 forth below. CITY OF ARCADIA By: William R. Kelly, City Manager 0119406 (SEAL) T: City Clerk Date APP/ROOVVfEDD ASnTOrFORM: Stephen P. Deitsch, City Attorney PAVECO CONSTRUCTION, INC. 0 Patricia A. Fleming (Print name) CONCUR: at M loy Public Works Services Director T r J.,,i RITHFUL PERFORMANCE BOND a 100% of Contract Price Bond No. 1 Premium $1,,266.266. 00 0 KNOW ALL PERSONS BY THESE PRESENTS: That Paveco Construction, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and'Surety Company of America 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 NINETY THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($90,450.00) 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: AMENDMENT NO. 1 MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 28th day of January 2005. on, Inc. Travelers Casualty and Surety Company of America Surety L By: (SEAL) Richard Adair, Attorney in Fact `l a \ on, Inc. Travelers Casualty and Surety Company of America Surety L By: (SEAL) Richard Adair, Attorney in Fact 0 CALIFORNIA _ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On January 28,2005 beforeme, P. Bauer, Notary Public Date - Name and 71119 of 0Prc1118.9.,'Jam Doe, Notary Pubk-) ' personally appeared Richard Adair - Name(s) of 5lgnags) ' EXpersonally known tome – OR – ED proved to me on the basis of satisfactory evidence to be the person(&) whose name(N is /are subscribed to the within instrument and acknowledged to me that he /64eftl9ey executed the same in his/her /their authorized capacity(iera.), and that by his /her/their signature(q) on the instrument the person(, P. ion # 1 Commission # 1380530 or the entity upon behalf of which the person(s) acted, uEa=�w Ntar Public - collfornia > executed the instrument. WITNESS my hand and official seal. OPTIONAL glj61w of Notary Puok Though the information below is not required bylaw, 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: Stgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ Individual Corporate Officer Tltle(s): Partner —❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: Signer's Name: ■ i� 191 Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attomey -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: HfGrrrTryUhIgPFlIPIr OF SIGNER =I v i --»,.- - n-1 -1 — --- • a-uo nemmm AM, F.U. naa 11 na • Canoga earn, c ^ 913 71 M Prod. No. 5907 Peenler. Caa Taa.Frae 14=4766aV CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California es BB. County of n On D before me, '✓ personally appeared DEBBIE PLUMMER Commission # 1303532 `z Notary Public - California Los Angeles County 0MyComm.ExprESMay6,2005 Nameisi of Signensl ❑ pe!rs pnally known to me oved to me on the basis of satisfactory evidence to be the persol whose name( is /ara subscribed to the within instrument and acknowledged to me that helshe /ti executed the same in kie/her /Will authorized capacity(ies), and that by hie /her /their signaturl on the instrument the personj6), or the entity upon behalf of which the persol acted, executed the instrument. WITNESS my hand and official seal. Signature 91 Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title ❑ Partner — ❑ Limited _ ❑ Attomey -in -Fact ❑ Trustee ❑ Guardipiiiir Conservator ❑ Ot . Is Representing: of Pages: RIGHTTHIIMBPRINr OF SIGNER 01999 National NOfery ASSOCielbn• 9350 Be BOtoAVe., P.O. B., 2uQ- Chatswodh, CA 91313- 2402•..nubi .lnci org Prod No 5907 Reortlec Call T.11 F. 1-80 878 27 f C LABOR AND MATERIAL BOND • (100% of Contract Price ) Bond No. 104442111 Premium included in FP Bond KNOW ALL PERSONS BY THESE PRESENTS: That Paveco Construction, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Travelers Casualty and Surety Company of America 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 NINETY THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($90,450.00), 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: AMENDMENT NO. 1 MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS 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 28th day of January 2005. Paveco Construction, Inc. Travelers Casualty and Surety Company of America Prin ' al Surety By: �'> Richard Adair, Attorney in Fact 0 CALIFORNIA .ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 6 On January 28,2005 before me, P. Bauer, Notary Public Data Name and Title of Dlr=r (e.g_. ewe Doe. Notary PNllk7 ' personally appeared Richard Adair- , Namara) of .,gnagel ' impersonally known tome– OR – CD proved to me on the basis of satisfactory evidence to be the person (S) whose name(is) is/af9 subscribed to the within instrument and acknowledged to me that he /egefttiey executed the same in hisF w1heir authorized capacity(iec), and that by his /Oerdtheir signature() on the instrument the person(), is on 4 1 or the entity upon behalf of which the erson _ Commission» 1380630 p (s) acted, Notary Public - California executed the instrument. mr Los Angeles County MyCOmm.Expires Oc119, 2006 WITNESS my hand and official seal. signotu al Notary Pvwc 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 torn 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: e■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 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: HIGHTTHUMEPRINT OFSIGNEH Top of thumb here w iaso nemnai mm�ooanon • a[ao nemmet Ave.. P.O. ddx 71a • Canoga rant, cA91$ISI-71U Prod. No. 5907 Reorear Cag Tbil•Pree 7.000.8768827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /L US / Q S ss. On Of " I 0 15" before me, Data personally appeared DEBBIE PLUMMER Commission# 1303532 Notary Public - California Los Angeles County My Comm. Expires May6, 2005 °L'&/ °c Name(s)ol5igner(s) (�/ ❑ pey�Ssonally known to me droved to me on the basis of satisfactory evidence to be the person(K) whose name($) is /are. subscribed to the within instrument and acknowledged to me that ha/she/thay executed the same in pie /her /their authorized capacity(ias.), and that by kris /her /theiF signature() on the instrument the person(A), or the entity upon behalf of which the person(%) acted, executed the instrument. WITNESS mN)y� hand and official seal. �..s�.�` &gnatum of Natary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could 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 Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner - 1 Limit ❑ Attorney -in -Fa ❑ Trustee General ❑ Guard' or Conservator ❑ Ot Is Representing: of Pages: RIGW TNUMIIP81NT OF SIGNER 0 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Ch.%.00. CA 91313 2402 • www.naliowlr,otary.org Pmtl. N. 5907 R.rd., Call T.11 Free 1- 800 -676 6827 i C ' TRAVELER §&SUALTY AND SURETY COMPANY OF A6&CA TRA RS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Richard Adair, Gail Kelch, Patricia L. Rowley, P. Bauer, of Glendale, California, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in frill force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for Purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (I1 -00 standard) STPAUL TRAVELERS 0 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act "). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. II,T -1018 (9/04) CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. PAOECO CONSTRUCTION, INC. Contractor Patricia A. Fleming Title: President City of Arcadia September 23, 2003 Office of the City Clerk International Pavement Solutions P O Box 10458 San Bernardino, California 92423 -0458 June D. Alford City Clerk NOTICE OF SUCCESSFUL BIDDER DESCRIPTION OF BID: MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS You are hereby notified that the Arcadia City Council has taken formal action on the above - described bid. The successful bidder is listed below, together with the date on which the City Council took action on this matter. DATE OF COUNCIL MEETING: August 19, 2003 SUCCESSFUL BIDDER: Paveco Construction, Inc. AMOUNT OF SUCCESSFUL BID: $144,504.00 We enclose herewith the bid bond submitted with your unsuccessful bid. We wish to thank you for your bid and hope you will continue to bid on future invitations. Very truly yours, i2le D. Alford City Clerk JDA:ms Enclosure c: Public Works 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5455 (626) 447 -7524 Fax AGREEMENT THIS AGREEMENT is entered into this day of 2003, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007 (hereinafter referred to as 'CITY') and Paveco Construction, Inc. whose address is730 Los Angeles Street, Glendale, CA 91204 -1804 (hereinafter referred to as 'CONTRACTOR'). RECITALS A. City has invited bids relative to MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS. 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: The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form for Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion Affidavits the Specifications, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said ted in and made a art of this Agreement as truly incorporated p t Documents are hereby p Contract as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide the repair of asphalt concrete pavement and portland cement concrete pavement damaged by utility cuts as described above and as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing tools, and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation in the amounts specified in the bid proposal. AGREEMENT -1 AGREEMENT THIS AGREEMENT is entered into this /6 day of 2003, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007 (hereinafter referred to as 'CITY') and Paveco Construction, Inc. whose address is730 Los Angeles Street, Glendale, CA 91204 -1804 (hereinafter referred to as 'CONTRACTOR). RECITALS A. City has Invited bids relative to MAINTENANCE CONTRACT FOR PAVEMENT REPAIR OF UTILITY CUTS. 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. The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form for Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion Affidavits, the Specifications, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein. 2. , For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide the repair of asphalt concrete pavement and portland cement concrete pavement damaged by utility cuts as described above and as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing tools, and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation in the amounts specified in the bid proposal. AGREEMENT -1 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to" for the price aforesaid, and hereby contracts to pay the same at the time in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. 5. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts' fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within ten (10) calendar days after said notice is given. 7. Standard of Performance /Determination of Compliance: It is acknowledged and agreed that the work to be performed pursuant to this agreement is crucial to the well being of the City, and that it involves the proper care and workmanship. This Agreement will be administered consistent with this statement and failure to abide by the concerns of the City asexpressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a clean, well kept state at all times. 8. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. SIGNATURES ON NEXT PAGE AGREEMENT -2 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to" for the price aforesaid, and hereby contracts to pay the same at the time in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts' fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within ten (10) calendar days after said notice is given. 7. Standard of Performance /Determination of Compliance: It is acknowledged and agreed that the work to be performed pursuant to this agreement is crucial to the well being of the City, and that it involves the proper care and workmanship. This Agreement will be administered consistent with this statement and failure to abide by the concerns of the City asexpressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a clean, well kept state at all times. S. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. SIGNATURES ON NEXT PAGE AGREEMENT -2 N WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day ind year first above written. ITy OF ARCADIA CONTRACTOR: m 1_" `i.VU,f PAVECO CONSTRUCTION, INC. :y Manager Date By: --�, EAL) PATRICIA A. FLEMING Title: PRESIDENT License No, 515002 A _ TTEST: D AS TO FORM: 10.3 =_v Date AGREEMENT -3 �f WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day d year first above written. TY OF ARCADIA CONTRACTOR: f J in `C•m PAVECO CONSTRUCTION, INC. Manager Date By: NQ PATRICIA A. FLENINU Title: PRESIDENT VV License No. 515002 A TTEST: �lA 71, AS AS TO FORM: 103 Date AGREEMENT -3 I