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HomeMy WebLinkAboutC-1531Job No. 585 CONTRACT ORIGINAL THIS CONTRACT, made and executed this 10th day of OCTOBER I 19 94 , by and between the City of Arcadia, California, hereinafter referred to simply as City, and GOLDEN BEAR ARBORISTS, INC. hereinafter referred to simply as Contractor. WITNFSSETH: That th L? . y es hereto do vautual].y agree and covenant as follows: 1. For and in consideration of the payments and covenants hereinafter specified to be made and performed by City, Contractor shall perform and complete the following: 1994 -95 Annual Tree Maintenance Program on Various Streets (Name of Project) Job No. 585 Ninety Nine Thousand Eiqht Hundred Seventy Four Dollars and Twenty Cents ($99,874.20) (Bid Items Accepted by City and Included Herein) and to perform and complete the same in a good and workmanlike manner all the wijik pertain rky �YI.er'Ei:n shown on the Plans and Spec ification!�i t-.hexefor; to furnish of his own cost and expense all tools, equipment:, la'&Jor, services, and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by the City), and to do everything required by this contract, special provisions, technical specifications, construction plans, drawings and details, and all addenda issued by City to the foregoing prior to the opening of bids. 2. For furnishing all said materials and labor, services, tools, and equipment, and doing all work specified herein, also arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work in the manner specified in said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, as set forth in Contractor's bid heretofore filed by him and accepted by City, at the times and manner specified in the Contract Documents. C--1 Job No. 585 CONTRACT - (cont'd) ORIGINAL 3. Contractor agrees to perform the work according to the terms of this Contract for price(s) named in the bid, and City agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said contract documents. 4. Subject to the provisions of this Contract, all terms, covenants, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 5. The Notice Inviting Bids, Information Required of Bidders, Contractor's Bid, Special Provisions, Technical Specifications, Construction Plans, Drawings and Details, and all addenda issued by City to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this contract by reference and are collectively referred to therein and herein as "Contract Documents." 6. Contractor shall be responsible for compliance with the Apprenticeable Occupations Regulations of Labor Code, Section 1777.5, including compliance by all subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA CONTRACTOR By GOLDEN BEAR ARBORISTS, INC. a or (SEAL) ATTEST: City erk APPROVED A FORM /� y�f /�C, City Attorvley ACA 1/83 C -2 VTrF PPFS.If)FNT, CONTRACTS Title . Job No. 585 FAITHFUL PERPQRMAN E BOND 100$ of Contract Price KNOW ALL MEN BY 'THESE PRESENTS, THAT WE ORIGINAL Bond #: 40012010281949 Premium: $939.00 Gold n B ar Arborists Inc hereinafter referred to as "Contractor" as PRINCIPAL, and F;d l;tv uaranty Insurance Co 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 A.RCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of _Ninety nine thousand eight hundred seventy four 20/100 Dollars ($99,874.20 ) lawful money of the United States of NW 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: 1994 -95 Annual Tree Maintenance #585 Xnsert Tit a Shown on Proposal) 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. ACA 6/89 C -3 Job No. s85 ORIGINAL In the event suit is brought upon this Bond b judgment is recovered, said Surety hall Y the City and the pity in qurh sua t, inr.l,t�r3 n pay all costs incurred by fixed by the Court. g rpa- nnab1P at-t;�rney l s feR to by IN WITNESS WHEREOF, we have hereunto set 7 day of October our hands and seals this w l9 Golden Bear Arborists, Inc. E- inc By: (SEAL) ACA 6/89 C -4 Fidelity & Guaranty Insurance Co. Suretv By: Dr Ewe bright CS Job No. 585 ORIGINAL Bond #:40012010281949 LABOR AND MATERIAL BOND premium: $939.00 (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, THAT WE Golden Bear Arborists, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Fidelity & Guaranty Insurance Co. a corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of Ninety nine thousand eight hundred seventy four 20/100 `' Dollars ($ 99,874.20 ) , 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: 1994 -95 Annual tree Maintenance #585 (Insert Title shown on Proposal) 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; *1111V NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; ACA 9/79 '1 0 Job No. 585 ORIGINAL 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. IDi WITNESS WHEREOF, we have hereunto zet our hands and ¢eala this 7 day of October , 1994 Golden Bear A_rb_orists, Inc. Principa 'SEAL) ACA 9/79 C -6 Fidelit & rant urance Co. Surety By: kffllil� Drew Ebright (SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Los Angeles On October 7 ,1994 before me, Vickie La Fleur,Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" personally appeared Drew Ebright NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized 0�, VICKIE LA FLEUR capacity(ies), and that by his /her /their dCOMM. #1017396 signature(s) on the instrument the person(s), Notary Public - Californla LOS ANGELES COUNTY, .+ or the entity upon behalf of which the My Commission Expires Nov. 22, 1997 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Payment Bond 1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES October 7,1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 10 -10 -94 DATE personally appeared before me, PATRICIA S. GONZALES, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC BRUCE THIBODEAU NAME(S) OF SIGNER(S) U personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence No. 5907 to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), CPATRICIA S.GONZALES t or the entity upon behalf of which the COMM. # 980754 °.`� NotaryPublic — California p person(s) acted, executed the instrument. r. LOS ANGELES COUNTY My Comm. Expires DEC 13, 1996 WITNESS my hand and official seal. SIGNA RE OF N Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER w.. ❑ INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT, CONTRACTS TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) GOLDEN BEAR ARBORISTS, INC. DESCRIPTION OF ATTACHED DOCUMENT City of Arcadia /Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 10 -07 -94 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -7184 410410 FIDELITY AND GUARANTY INSURANCE COMPANY POWER OF ATTORNEY iT Q +(� NO. 6413 IUNSVflANVE KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Arthur M. Ebright, Drew Ebright and Mark Ebright of the City of Long Beach , State of California its true and lawful Attorey(s }in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 6th day of November A.D. 1992 r FIDELITY AND GUARANTY INSURANCE COMPANY 1977 . . 0)0) (Signed) By.../ ....... ....... ....... ^ Senior Vice President (Signed) By......... ... .... ................ .1! „................ '✓ Assistant Secretary STATE OF MARYLAND) SS: BALTIMORE CITY ) Onthis 6th dayof November A.D." i9 92 , before me personally came Robert J. Lamendola Senior Vice President of the FIDELITY AND GUARANTY INSURANCE COMPANY an j� Paul D. Sims , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by severally duly sworn, said, that they, the said Robert J. Lamendola and Paul maims were respectively the Senior Vice President and the Assistant Secretary of the said FIDELITY AND GUARANTY 11� COMPANY, the gQipotation described in and w 'ch; executed the foregoing Power of Attomey; that they each knew the seal of said corporation; that the affixed to said Pow mey was such corporate it was so affixed by order of the Board of Directors of said corporation, and that they signed their names therdo by . o as Senior Vice President mA Assistant Secretary, respectively, of the Company. My Commission expires the 11th(�day in March A.D. 19 95 o� NOTARY PUBLIC 4AU,..P `��, This Power of Attorney is granted under and IMIIS;hNy of the following Resolutions adopted by the Board of Directors of the FIDELITY AND GUARANTY INSURANCE COMPANY on September 24,1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, 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 with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s )-in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Paul D. Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal oft ELITY AND UARANTY INSURANCE COMPANY on this day of f � /, /f� .19 1 On t ........ ..... ............................... rc 83 00 92) ti10) % JVnJ7'TR& Assistant Secretary OCT -08-94 11 =SS FROM =GOLDEN BEAR ARBORISTS INC ID =8193575260 PAGE 2/2 Job No. 585 ORIGINAL STAR INa Ranr,,,E CQWMY - 400 BULLARD AVE. (CLOV I S ) Name of Insurance Company CP04931853R Policy Number 11/5/93 Effective Date The following endorsements are hereby incorporated by reference onto the attached Certificate of Insurance as though fully set forth thereon: 1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and r.. 2. The additional ihst tod named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and 3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and 4. The provisions of the policy will not be changed, suspended, cancelled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days written notice. 5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance which is referred to by this certificate. it is agreed that the City of Arcadia its officers and employees are included as Additional Insured. A "zod sur ariCe AgenC 8/77 C -7 8183575260 10 -06 -94 12:07PM P002 #19