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.
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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
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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.
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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)
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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;
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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)
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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
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