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Home My WebLink AboutYamada Enterprises; 1999-02-11;* 4 City of Carlsbad PURCHASE ORDER THIS ORDER NUMBER MUST APPEAR ON ALL INVOICES, PACKING SLIPS, ,ETC. TIME IS OF THE ESSENCE ON THIS PURCHASE ORDER SHIPTO: TO BE ADVISED MAIL INVOICE IN DUPLICATE TO: CITY OF CARLSBAD AT-TN: ACCOUNTS PAYABLE 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 VENDOR: YAMADA ENTERPRISES (7601434-2975 16552 BURKE LANE HUNTINGTON BEACH CA 92647-4538 ACCEPTANCE OF THIS ORDER IS EXPRESSLY 7 LIMITED TO THE TERMS AND CONDITIONS ‘ HEREIN AND ON THE REVERSE SIDE ORDER DATE VENDOR t TELEPHONE X VENDOR ACCT 02/11/99 (800) 444-4594 F T trrv 1 UNIT DESCRIPTION LOT .IBRARY BOOK STACKS SHELVING SYSTEM rND ACCESSORIES.WOOD END PANELS AND :ANOPY TOPS AS SPECIFIED. TOTAL COST bELIVERED AND’INSTALLED. INCLUDES SALES ‘AX . PRO‘POSAL #2 lGENDA BILL #15040 :ESOLUTION # 99-44 2/9/99 ‘0 BE DELIVERED TO THE NEW LIBRARY UNDER :ONSTRUCTION AT 1775 DOVE ,.~~~~~~-~.-C.ILRLSBAD :A 92009. DE L I VERY , E T E R M 1 N E D A T A 1 IEQ X R05773 UNIT PRICE 266.000.00 Tax PO Total EXTENDED PRICE 266.000.00 si;,sv. 3-s 0.00 266,OOO.OO General Industrial Safety Order 5195 re uires Material Safety Data Sheets (MSDS) be supplied, for applicab e Items, with the initial order. 9 . I To conform with I.R.S. regulations your Social Security Number or Federal Tax I.D. Number must be included on your invoice. CITY OF CARLSBAD ATTN: PURCHASING 1200 CAFUSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 (760) 434-2803 (760) 434-1987 FAX PURCHASING OFFICER Performance Bond BOND NO. CA 707999 KNOW ALL MEN BY THESE PRESENTS: that Yamada Enterprises (Here insert lull name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Merchants Bonding COrnPaW as Surety, hereinafter called Surety, are held and firmly bound unto City of Carlsbad (Here insert full name and address or legal lille of Owner) as Obligee, hereinafter called Owner, in the amount of Two HUNDREU SIXTY SIX TEousAND AND NO/loo **ff*tf****ftf************************************Do,,ars ($266,0()(-).()()******l for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Yamada Enterprises Contractor has by written agreement dated Peb- l1 19,x, entered into a contract with Owner for Library Book Stack Shelving System & Accessories - P-0. No. P105895 (Here insert lull name, address and description project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is be reference made a part hereof, and is hereinafter referred to as the Contract. Performance Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. WheneverContractorshallbe,anddeclaredbyOwnerto be in default under the Contract, the Owner having performed Owner’sobligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) CompletetheContractinaccordancewithitstermsand conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price,” as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendment thereto, less the amount properly paid by Owner to Contractor. 3) This bond is executed in compliance with any State or Localstatuteorordinance,providedsuchStateorLocal statute or ordinance and any revision thereof is in force on the date or prior to execution date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner, Performance Bond Anysingleoraggregatemodification(s)orchangeshallnotexceedten(lO)percentoftheoriginalcontractpricewithoutfirst obtaining the Surety’s written approval. The Surety’s total liability on this bond shall not exceed the penal amount of such bond unless changed by rider duly signed by an attorney-in-fact of the surety. Signed and sealed this 5th day of March 19 99 ‘-’ (Title) Merchants Bonding Company (Witness) (Surety) (Seal) “#kfl&~& Matthew Robert Dobyns Attorney-iii-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5807 State of California County of Orange Oil 3-5-99 before me, Mary Angel - N&u+'ublic 8 DATE NAME, TITLE OF OFFICER. E.G.. -JANE DOE. NOTARY PUBLIC personally appeared Matthew Robert Dobyns 1 NAME(S) OF SIGNER(S) n personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person@) whose name(n) islxzx subscribed to the within instrument and ac- knowledged to me that he/-executed the same in his/a authorized capacity(m and that by his!’ ,I, . signature@) on the instrument the person(%), or the entity upon behalf of which the person(z) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent lraudulent reattachment of this form. *a CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDlViDUAL . 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) q PARTNER(S) 0 LIMITED 0 GENERAL B Al-I-ORNEY-IN-FACT q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR q OTHER: NUMBER OF PAGES DATE OF DOCUMENT : SIGNER IS REPRESENTING: NAME OF PEASON(S)OR ENTIM(IES) Merchants Bonding Company SIGNER(S) OTHER THAN NAMED ABOVE 81993 NATIONAL NOTARY ASSOCIATION l 8236 Rsmmel Ave.. P.O. Box7180 l Canoga Park. CA 91309*718~ Labor and Material Payment Bond THIS BOND IS 1SSUED SIMULTANEOUSLY WITH PERFORMANCE FOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. BOND NO. CA 707999 ., KNOW ALL MEN BY THESE PRESENTS: that yamada Enterprises (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Merchants Bonding Company as Surety, hereinafter called Surety, are held and firmly bound unto City of Carlsbad (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit or claimants as hereinbelow defined, in the amount of TWO HUNDRED SIXTY SIX THOUSAND AND NO/l00 (Here insert a sum equal lo at least one-half on the contract price) Dollars ($ 266,000.00*******~ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Yamada Enterprises Contractor has by written agreement dated Febg l1 19 gg , -, entered into a contract with Owner for Library Book Stack Shelving System & Accessories - P.O. No. P105895 (Here insert full name, address and description project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is be reference made a part hereof, and is hereinafter referred to as the Contract. Labor and Material Payment Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all ClaimantS as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the COntraCt, then thisobligation shall bevoid; otherwiseitshall remain in full forceand effect, subject, however, to the following conditions. 1) Aclaimantisdefinedasonehavingadirectcontractwith the Principal, for labor, material, or both, used in the performance of the Contract, labor and material, does not include water, gas, power. light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claiant, may sue on this bond for the use of such claiment, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) Nosuitoractionshallbecommencedhereunderbyany claimant: a) Unless claimant, having a direct contract with the Principal, shall, have given written notice to the Surety above named, within ninety (90) days after such claimanl did or performed thelast of the work or labor, or furnished thelastofthematerialsforwhichsaidclaimis made, stating with substantial accuracy the amount claimedandthenameofthepartytowhom thematerials were furnished, or for whom the work or labor was done orperformed.Suchnoticeshallbeserved bythemailing the same by registered mail or certified mail, postage prepaid, in an envelope addredded to the Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of ninety (90) days following the dateonwhichPrincipalceasedWorkonsaidContract,it being understood, however, that if any limitation em- bodied in this bond is prohibited by law controlling the construction hereof such limitation shal be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the statein which the Project, oranypart thereof.issituated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment of Surety of mechanics’ liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 5) This bond is executed in compliance with any State or Localstatuteorordinance,providedsuchStateorLocal statute or ordinance and any revision thereof is in force on the date or prior to execu!ion date of this bond. Payment Bond Anysingleoraggregatemodification(s)orchangeshallnotexceedten(lO)percentoftheoriginalcontractpricewithoutfirst oblaining the Surety’s written approval. The Surely’s lotal liability on this bond shall not exceed the penal amount of such bond unless changed by rider duly signed by an altorney-In-facl of the surety. Signed and sealed this 5th day of March 19 99 Yamada Enterprises (Principal) -- (Seal) (Witness) Merchants Bonding Company (Surety) -- (Seal) By: p..._- Matthew Robert Dobyns Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO,. 5907 State of California County of Orange On 3-5-99 before me, Mary Angel - N&z-y. Public B OATE NAME. TITLE OF OFFICER. E.G.. -JANE DOE. NOTARY PUBLIC personally appeared Matthew Robert Dobyns 1 NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(z) whose name(r) is@sz subscribed to the within instrument and ac- knowledged to me that he/&&&qexecuted the same in his/lwz&&x authorized I ! “ capacity(Uz@ and that by his# ‘_ signature(%) on the instrument the person(g), or the entity upon behalf of which the person(z) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable lo persons relying on the document and could prevent fraudulent realtachmenl of lhis form. *, CAPACITYCLAIMEDBYSIGNER DESCRlPTlONOFATTIiCHCiDDOCUMENT q INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLEiS) q PARTNER(S) q LIMITED 0 GENERAL @I ATTORNEY-IN-FACT a TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON OR ENTITWIES) Merchants Bonding Company SIGNER(S) OTHER THAN NAMED ABOVE (a1993 NATIONAL NOTAFiY ASSOCIATION l 8236 Remmel Ave., P.O. Box 7th l Canoga Park. CA 91309.718~ . . r Merchants FgXbpg Company POWER OF kTORNEV #5229 Know All Men By These Presenls, lhat the MERCHANTS BONDING COMPANY (MUTUAL), a corporalion duly organizad under the laws of the Stale of Iowa, and having ils principal office in Ihe Cily of Des Moines, County of Polk, Slate 01 Iowa. halh made, constiluled and appointed, and does by these presents make, conslilule and appoint ***LES MICHAEL MANTLE***MATTHEW ROBERT DOBYNS*** d FULLERTON and Slate of CA its true and iawiul Attorney-in-Fact, with full power and aulhorily hereby conferred in its name. place and stead, lo srgn, execute, acknowledge and deliver in ils behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature Ihereof. subject lo Ihe limilation lhal any such instrumenl shall not exceed the amount of: ***ONE MILLION DOLLARS ($~,,OOo,oOo.oO)*** and lo bind lhe MERCHANTS BONDING COMPANY (MUTUAL) (hereby as fully and lo lha same exlenl as if such bond or undertaking was signed by the duly aulhorized officers of Ihe MERCHANT’S BONDING COMPANY (MUTUAL), and all such acts of said Altorney-in-Facl, pursuant to the aulhorily herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuanl lo and by aulhorily of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3. 1992. AATICLE II. SECTION 8. -The Chairman of Ihe Board or President or any Vice President or Secretary shall have power and aulhor- ity lo appoint Allorneys-in-Fact, and lo authorize them lo execute on behalf 01 the Company. and allach Ihe Seal of Ihe Company Ihereto, bonds and underlakings, recognizances, contracts of indemnity and olher wnlings obligaiory in the nature thereof. ARTICLE II, SECTION 9. -The signature of any aulhorized officer and the Seal of Ihe Company may be affixed by facsimile lo any Power of Altorney or Cerlilicalion lhereol aulhorizing Ihe execution and dellvery 01 any bond, undertaking, recognizance, or olher suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents lo be signed b its President and its corporate seal to be hereto affixed, lhis 14th day ol November ,199 y/ STATE OF IOWA COUNTY OF POLK ss , ’ ;~i+~~~. .‘&$.&~ P 0 $; $$ -- cr l *%4: * *I-., -o- $.,A l . -I: l LL*. 1933 Cd-,: l . 5 a. **e: l .c’&.. . ..$. .,f&../,... \y . l *...** MERCHANTS BONDING COMPANY (MUTUAL) On this 14th day of November 19 97 , before me appeared Larry Taylor, lo me personally known, who being by me duly sworn did say Ihal he is President 01 Ihk MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in Ihe foregoing instrument, and thal the Seal affixed to the said instrument is lhe Corporate Seal of the said Corporation and that the said inslrumenl was signed and sealed in behalf of said Corporalion by aulhorily of its Board of Direclors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal al the City of Des Moines, Iowa, Ihe day and year first above wrilten. STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk Counv, Iowa My Commission Expires 2- 19-98 I. William Warner, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL). do hereby certify lhat the above and foregoing is a lrue and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof. I have hereunto set my hand this 5th dayof March MSC 0814