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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.
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Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
❑
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Signer is Representing:
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Signer's Name:
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Number of Pages:
Individual
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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_
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❑ 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
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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'
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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:
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❑
❑
Signer Is Representing:
Signer's Name:
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❑
❑
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❑
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
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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
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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
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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
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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
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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
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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
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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
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fraudulent removal and reattachment of this form to another document.
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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