HomeMy WebLinkAboutC-1510Job No. 537 ORIGINAL
CONTRACT
THIS CONTRACT, made and executed this 18th day of December ,
19 92 , by and between the City of Arcadia, California, hereinafter
referred to simply as City, and
hereinafter referred to simply as Contractor.
WITNESSETH: That the parties hereto do mutually 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:
1992 -93 Annual Tree Maintenance Program on Various Streets
(Name of Project)
Job No. 537
Forty Eight Thousand Two Hundred Sixty Three Dollars ($48,263.00)
(Bid Items Accepted by City and Included Herein)
and to perform and complete the same in a good and workmanlike
manner all the work pertaining thereto shown on the Plans and
Specifications therefor; to furnish at his own cost and
expense all tools, equipment, labor, 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
N
l Job No. 537
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.
ATTEST:
ACA 1/83
C -2
CONTRACTOR
•,11 1 :;
::Ii
(w '
PRESIDENT
Title
Job No. 537
FAITHFUL PERFORMANCE BOND
100% of Contract Price
ORIGINAL
BOND NO. BNS1320850
KNOW ALL MEN BY THESE PRESENTS, THAT WE Golden Bear Arborists, Inc.
146 East Railroad Avenue, Monrovia, California 91016
hereinafter referred to as "Contractor" as PRINCIPAL, and
THE CONTINENTAL INSURANCE COMPANY
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 Forty Eight Thousand Two Hundred Sixty Three and No /100
Dollars ($ 48,263.00 ) 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:
1992 -93 Annual Tree Maintenance Program on Various Street ,lob No. 537
(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;
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 mull 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
1
y
Job No. 537 '=.DUPLICATE ORIGINAL
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 10th day of December I , 19 92 .
GOLDEN BEAR ARBORISTS, INC.
Principal
By:
(SEAL)
ACA 6/89
C -4
THE CONTINENTAL INSURANCE COMPANY
Surety
By; e, G.0
C. G. Gr #so (SEAL)
Attorney
n Y
Job No. 537 __. ORIGINAL
BOND NO. BNS1320850
"The Premium charged for this LABOR AND MATERIAL BOND
Bond is included in thatshoWn (50% of Contract Price)
on the PErfa (100% of Contract Price of $100,000 or more)
rmanee Bona,
KNOW ALL MEN BY THESE PRESENTS, THAT WE Golden Bear Arborists, Inc.
146 East Railroad Avenue, Monrovia, California 91016
hereinafter referred to as "Contractor" as PRINCIPAL, and
THE CONTINENTAL INSURANCE COMPANY
a corporation duly organized and doing business under and by virtue
of the laws of the State of California, and duly licensed for the
purpose of making, guaranteeing, or becoming sole Surety upon bonds
or undertakings as surety, are held and firmly bound unto the CITY
OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in
the sum of Twenty Four Thousand One Hundred Thirty One and 50/100
Dollars ($ 24,131.50 ) , 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:
1992 -93 Annual Tree Maintenance Program on Various Street Job No. 537
(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;
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
C -5
Job No. 537
DUPLICATE 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this 10th day of December , 19 92 .
GOLDEN BEAR ARBORISTS, INC.
Princi al
By
�
(SEAL)
ACA 9/79
C -6
THE CONTINENTAL INSURANCE COMPANY
Surety
By: e. 1,
C. G. r so (SEAL)
Attorney
The Continental Insurance Company
180 Maiden Lane, New York, New York 10038
• GENERAL POWER OF ATTORNEY
Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made,
constituted and appointed, and by these presents does make, constitute and appoint
C. G. GRASSO OF LOS ANGELES, CALIFORNIA
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds. undertakings
and contracts of suretyship to be given to
all obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
TEN MILLION.($10,000,000.) DOLLARS.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of the Company on the 1st day of November, 1977:
"RESOLVED, that the Chairman of the Board. the Vice Chairman of :�e Board. the President, an Executive Vice President or a Senior Vice President or a Vice President of the
Comcany, be. and that each or any of them is. authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the
Company. bonds. undertakings and all contracts of suretyship: and tha: an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereoy
's. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsm le. ano any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the
future with respect to any bond. undertaking or contract of suretyship to which it is attached."
In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these
presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice-Presidents this 4th day of June, 1984
Attest:
T.H. Sleonens. Assistant Vice Presioent :_� ' ' ' ;'•.
STATE OF NEW JERSEY ,
COUNTY OF MIDDLESEX
THE CONTINENTAL INSURANCE COMPANY
By
Michael J. Beernaen, Vice-President
On this 4th day of June, 1984, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose
and say that he is a vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the
above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
Z
Marilyn A. Hockenbury
^ A Notary Public of New Jersey
CERTIFICATE My Commission Expires June 23, 1988
I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO
HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that
the Resolution of the Board of Directors, set forth In the said Power of Attorney, is now in force.
Signed and sealed at Piscataway, in the State of New Jersey. Dated the 10 day op e c emb e r,19 9 2 .
James M. Keane. Assistant Vice President
41
11 BOND 4315K Printed in U.S.A.
12 -68 -1992 21:59 P.06
Job No. 537 ORIGINAL
GOLDEN EAGLE INSURANCE
Name of insurance Company
CCP170235
Polloy Number
12/28/91
lect ve Date
The following endorsements are hereby incorporated by reference
onto the attached Certificate of Insurance as though fully set
forth thereons
1. The naming of an additional insured as herein provided
shall not affect any recovery to which such additional
inaurad would be entitled under this policy if not named
as such additional insured, and
2. The additional insured named harein 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 comphny 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.
a. 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
are included as Addit:
8/77
C -7
R 945Y. 12 -09 -92 09:53AM P006 #49