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Home My WebLink AboutC-2751OF Ag C 7 r- /G� T„IFOkN ORIGINAL AMENDMENT NO. 1 TO THE 2012/2013 TREE MAINTENANCE SERVICES •°�°• a CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. TqisAmpildment No. 1 ( "Amendment No. 1") is hereby entered into this Z' ' day of 2013 by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, a California Corporation, with respect to that certain Agreement between the parties dated October 16, 2012 ( "Agreement). The parties agree as follows: Section 3.3.4 of the Contract is amended by extending the term from October 16, 2013 to October 16, 2014 ( "Extended Term "). 2. Section 3.3.2 of the Contract is amended to provide that for the Extended Term from October 16, 2013 to October 16, 2014, the City agrees to pay CLS Landscape Management, Inc. a total sum not to exceed TWO HUNDRED FIFTY - EIGHT THOUSAND, SEVEN HUNDRED TWENTY -SEVEN DOLLARS AND NO CENTS ($258,727.00). 3. All of the remaining terms and provisions of the contract are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA CLS LA NDSCAI ;E- MANAGEMENT, INC. By: �- D c Lazzare City Manager Dated: 1,6o& --ef S' Zo 13 (SEAL) A T VdKffL t� Ci y i T k APPROVED AS TO FORM I pc��- P. 6a;�4 Stephe P. Deitsch City Attorney CONCUR: I , � r�� 14' v m Tait Public Works Services Director Paae 1 of 1 Dated: 5 f By: Title: ri Dated: Dated: 7) CONCUR: I , � r�� 14' v m Tait Public Works Services Director Paae 1 of 1 CERTIFICATE AS TO CORPORATE PRINCIPAL V\ Y 1 , certify that I am the v? ty` Secretary of the corporation na ed as . principal to the within bond; that L 4 e_ who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) C---� ign I r)��s1�� Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVPUB\DRD \562370 PERFORMANCE BOND - 3 GB - STATE & LOCAL (610) (724100) Bond No, 0599091 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to CLS LANDSCAPE MANAGEMENT, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the TREE SERVICES MAINTENANCE CONTRACT and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated October 16, 2013 and further amended by Amendment No.1 dated (hereinafter the "Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we CLS Landscape Management, Inc. , the undersigned Contractor, as Principal and International Fidelity Insurance Company , a corporation organized and existing under the laws of the State of New Jersey and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of TWO HUNDRED FIFTY -EIGHT THOUSAND, SEVEN HUNDRED TWENTY -SEVEN DOLLARS AND NO CENTS, ($268,727.00), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due RVPU©\DRD1570026 PAYMENT BOND - 1 GB - STATE & LOCAL (620) (7/24/00) under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 3rd day on October , 2013 . CLS Landscape Management, Inc. Principal / Contrac By: President Kevi . Ciavis International Fidelity Insurance Company Surety By: IZ- Attorn act Stanley ;t. Ma ranga $25.00 on a Sliding Scale RVPUB\DRD1570026 PAYMENT BOND - 2 GB- STATE& LOCAL (620)(7l24/00) Tel (973) 624-7200 POWER OF ATTORNEY2. INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint STANLEY J. MATRANGA Carmichael, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority f the. By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEYS CpSt1AZ�r C�� County of Essex 5 1936 ROBERT W. MINSTER 1 Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. �Y VA,> �� A NOTARY PUBLIC OF NEW JERSEY U130 . `�� ` My Commission Expires Mar. 27, 2014 OF N.�`' CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of .a r.?'5..:. �c��'`�t.��.,b:3: v��i�,�J.'Far�e«z.�d)r *.� t.. ps`�. �: ��. P.. ��. k �:. wT��..:�:_z,•?� °, .lFi'. k.:� �; .....: . .. �`ra+ ,,:: ... State of California County of Sacramento On October 3, 2013 ACKNOWLEDGMENT before me, Sharon Matranga, Notary Public (insert name and title of the officer) personally appeared Stanley J. Matranga who 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 acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHARON MATRANGA Ccmmission # 1884737 c a� Notary Public - California z Z `s� Z� Sacramento County n �— Signature My Comm. Expires Mar 30, 2014 �%� A - (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7 �..sS•» vs�S »,v- s��a.:a..�a »��.,.• �v� ��.v »�t!Tv!:��g;":c »�..z?� >. ». �v!s�. s?�..%�S.c�..F,.'.�S» S »� »>!�>aa.'.��>`»a �..�i.3a State of California County of 7 /�i� Y;Aa'✓ C+' L.+ E ? j On Y ZS ZlJ(3 before me, 4` Date Her Insert Name and itle of the Officer personally appeared P-42V(t4 L 'D a i. /`) Name(s) of Sioner(s) CARLOS ACEVEDO Commission # 1981797 Z Notary Public • California i Riverside County My Comm. Expires Jul 11, 2016 Place Notary Seal Above who 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 acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my In 2t2�� Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocun Title or Type of Document: Document Date: Signer(s) Other Than Named Above: ent j)A)Il ✓I A1/ 1,� N7 IiC Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing RIGHTTHUMBPRINT OF SIGNER .p of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Tol! -Free 1 -800 -876 -6827 Bond No. 0599091 PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to CLS LANDSCAPE MANAGEMENT, INC. (hereinafter "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the TREE SERVICES MAINTENANCE CONTRACT and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated October 16, 2012 and further amended by Amendment No.1 dated (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we CLS Landscape Management, Inc. , the undersigned Contractor, as Principal, and International Fidelity Insurance Company a corporation organized and existing under the laws of the State of New Jersey , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of TWO HUNDRED FIFTY -EIGHT THOUSAND, SEVEN HUNDRED TWENTY - SEVEN DOLLARS AND NO CENTS, ($258,727.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the, Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. RVPUBIDRM562370 PERFORMANCE BOND - 1 GB - STATE& LOCAL (610)(7124100) In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 3rd day on October 20 13 CLS Landscape Management, Inc Principal /Contractor By: Pre�� Kevin L. Davis, President International Fidelity Insurance Compan Surety By: Attornip n- ct Stanley J. atranga The rate of premium on this bond iS$25.00 on a Sliding Scale per thousand. The total amount of premium charged, $ 4,881.00 (The above must be filled in by corporate surety.) RVPUB\DRD1562370 PERFORMANCE BOND - 2 GB- STATE & LOCAL (610) (7/24/00) � 1 � • . . � � . � . { rat 1�fi • i t ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint STANLEY J. MATRANGA Carmichael, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule re�ggulation, contract or otherwise, and the execution of such instrument(s) m ursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint - control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY ./GpSURZ?}�ti County of Essex c �1 1936 ROBERT W. MINSTER \ A Executive Vice Presid ent/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, y``,,',,t •„��,f''!j, at the City of Newark, New Jersey the day and year first above written. r *U��N•p g R QLC� u' '• A G r A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 OF N ESN �.. ",*I .... t4sk "'o CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. f California of Sacramento On October 3, 2013 ACKNOWLEDGMENT before me, Sharon Matranga, Notary Public (insert name and title of the officer) personally appeared Stanley J. Matranga , who 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 acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. SHARON Y , >. SHARON MATRF,rd:.A ' Commission # 1884737 a "r Notary Public - California z _ z Sacramento County D Signature (Seal) I My Comm. Expires Mar 30, 2014 M1 IN CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 01 ti t 1A 0 On before me, Date personally appeared I r ZQ U I CARLOS ACEVEDO Commission # 1981797 =a Notary Public - California z Z '" Riverside County n My Comm. Expires Jul 11, 2016 Place Notary Seal Above Here Insert Name and Title of the Officer who 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 acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu Title or Type of Document; /� _ t/ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER I mgt ' Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ O Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER p ot triurnt) - 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotaryorg Item #5907 Reorder. Call Toll -Free 1- 800 -876 -6827 (PROJECT NO. Tree Maintenance Services 2012 -13) • CITY OF ARCADIA 1. PARTIES AND DATE. This Contract is made and entered into this Itr�h day of �G a ✓ 20� by and between the CITY OF ARCADIA (hereinafter called the "City ") and CLS LANDSCAPE MANAGEMENT, INC. (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The City is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by City on July 9, 2012, has submitted a bid proposal for construction the Tree Maintenance Services described in the Contract. 2.3 City has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on August 27, 2012. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings RVPUB DRD \5700 ] 5 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) �' (PROJECT NO. Tree Maintenance Services 2012 -13) Part "F" - Performance Bond Part "G" - Payment Bond The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contratt to another contractor in accordance with state law. Contractor ni ials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work for the construction of Bid Category number(s) 1 through 4 necessary to fully and adequately complete Tree Maintenance Services, including any alternates selected by the City, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of TWO HUNDRED THIRTY -THREE THOUSAND, SEVEN HUNDRED TWENTY -SEVEN DOLLARS AND NO CENTS, ($233,727.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 Period of Performance. The term of this Contract shall be for one (1) year starting from the contract date of execution, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited the Project Schedule located in the Specifications. RVPUB\DRD\570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. Tree Maintenance Services 2012 -13) Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) Per Day as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: RVPUB\DRD\570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. Tree Maintenance Services 2012 -13) Contractor CLS Landscape Management, Inc. 4711 Schaefer Avenue Chino, CA 91710 Attn: Kevin L. Davis, President w City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Dave Thompson, Street Superintendent Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA Dominic Lazza o City Manager ATTEST: By: dftyw'Ark' City tlerk I CLS LANDSCAPE MA 0 in Title Title RVPUB\DRD\570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. Tree Maintenance Services 2012 -13) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: By: - - -- i e Name ::B�� Title Date RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)