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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