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HomeMy WebLinkAboutC-2946 &hi 0 \erti_s �t)ggits . ORIGINAL GaI.iFO$A.�9 .,... ,i_ AMENDMENT NO 1 TO THE LANDSCAPE MAINTENANCE SERVICES .1, '"*": , 14 CONTRACT (2014) BY AND BETWEEN THE CITY OF ARCADIA AND \ i 0 0 '` '�-')' MARIPOSA LANDSCAPE, INC. This Amendment No. 1 ("Amendment No. 1") is hereby entered.into this `3. day of ft , 2016 by and between the City of Arcadia, a municipal corporation of'the St te. f California, and Mariposa Landscape, Inc., with respect to that certain Contract between ' the parties dated February 4, 2015 ("Contract"). i The Parties agree as follows: 1. Section 3.3.4 of the Contract, the Term is hereby extended from February 4, 2016 to February 4, 2017 ("Extended Term"). 2. All terms and provisions of the Contract not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPE, INC. r 3 'r•- B Dominic Lazzare 0 City Manager . Title: `PRA; v641- Dated: tvr i L FS 1 2.O i ( Dated: 3 / 2-9/ i o . i ..1„,,,-___ Cli".../L_____ . By: 'A ST: 1 1 Title: Vt C,E PatipeNir 6 ' i iil! AA Dated: 3t/Rif 0 it er U APPROVED AS TO FORM CONCUR: , .,.,Nittrt j l G Stephen P. Deitsch om Tait City Attorney Public Works Services Director bond No.:024055394 Issued in Triplicate Bond Premium: Included PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter"Obligee") has awarded to MARIPOSA LANDSCAPE,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 LANDSCAPE MAINTENANCE SERVICES CONTRACT. (201412015) 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 February 4, 2015, and further amended by Amendment No. 1 datedv�pf i I N, -. �T ., (hereinafter the "Public Work Contract"); and "I 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 Mariposa Landscapes, Inc. the undersigned Contractor,as Principal and . The Ohio Casualty Insurance Company a corporation organized and existing under the laws of the State of New Hampshire 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 FOUR HUNDRED SEVENTY-TWO THOUSAND, FIVE HUNDRED SIXTY DOLLARS AND NO CENTS, ($472,560.00), 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 RVPMADRD1570026 PAYMENT BOND- 1 GB-STATE&LOCAL f620)(If24100) • 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 28th day on March 20 16 . • Mariposa Landscapes, Inc. Principal/Contractor By: MIN Pres':ent The Ohio Casualty Insurance Company Surety By: . :a David B.Sandi ord, m: -in-Fact RVPUB\DRD\570026 PAYMENT BOND -2 611-STATE,LOCAL(62G)(7124/00) CERTIFICATE AS TO CORPORATE PRINCIPAL I, Antonio Valenzuela , certify that I am the Secretary of the corporation named as principal to the within bond; that Terry Noriega who signed the said bond on behalf of the principal was then President 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) Signature 03/29/2016 Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVPUBIDRD1562370 PERFORMANCE BOND - 3 GB-STATE&LOCAL(610)(7/24/00) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On March 28, 2016 before me, Irma Urbina, Notary Public (Here insert name and title of the officer) ' Personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person(I-) whose name(a) is/ate-subscribed to the within instrument and acknowledgement to me that hets-ke- -executed the same in his/ eth� r>•- authorized capacity(;), and that by his/i riLtei.p signature() on the instrument the person(s), or the entity upon behalf of which the person($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. WI 'NESS my hand and official seal. ��' IRMA URBINA ai. -�.��i COMM. #2143668 a AiLliJ -- Z -,_.•. Notary Public-California (Notary Seal) Los Angeles County — Signature of Notary Public ''ru,Ls" 1,--.EX ire5 Fpb , e ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ' Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,ably alternative (Title or description of attached document) acknowledgment verbiage as may he printed on such a document:so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they.is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On March 29, 2016 before me, Irma Urbina, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President who proved to me on the basis of satisfactory evidence to be the person(.s whose name(a) is/a-e- subscribed to the within instrument and acknowledgement to me that he/ i —tey-executed the same in his/liet4titeir authorized capacity(), and that by hisilie,Thheiv signature(s) on the instrument the person(, 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. IRMA URBINA • TTNESS m hand and fficial seal. �,,.�! � COMM. #2143668 y r 0Ws, .;�;P Notary Public•California J - . o Z , 1 Los Angeles County (Notary Seal) �'?a?' Comm.Ex�ues Feb.21,2020 Signature of Notary Public r ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he property completed and attached to that document. The only exception is f a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and Cdunty where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On March 29, 2016 before me, Irma Urbina, Notary Public (Here insert name and title of the officer) Personally appeared Antonio Valenzuela, Secretary who proved to me on the basis of satisfactory evidence to be the person( whose name(&) is/ate subscribed to the within instrument and acknowledgement to me that he%&he- ley executed the same in his/h-e. n �t authorized capacityO, and that by his/ t• >' signature(&) on the instrument the person(s), or the entity upon behalf of which the person( 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. •''�w`r IRMA URBINA COMM. #2143668 z J. �/ Z r'r" Notary Angeles California unty (Notary Seal) ?� ��� Los Arlpeles County Signature of Notary Public `thr-i 5- - Comm.Fit r Tres Feb.21,2020• • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are) or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Tide) of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. THIS POWER OF ATTORNEY IS NOT VALID UNLESS-IT"IS PRINTED ON"RED BACKGROUND. .- = .:•:;.-=J_: _; "`-'r.:::`._-.-7 - This Power.of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner:and to the extent herein stated: - ___ _ _ _ = _ --Certificate-NO-7_132113 _ - : ,American Fire and Casualty-Company- .". • - Liberty Mutual Insurance Company." __ _ -:::1-. - - _ • _ = _ - - The Ohio Casualty Insurance Company West Aniericari Insurance"Company. '.'"- _: _ 7. _ = - " . .- - POWER-OF ATTORNEY- _ _ = -" = -. . KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly under the laws-of' •:-. e: _ th State of New Hampshire,that Liberty Mutual Insurance Company is ecorporation duly organized unr de the laws of the State of Massachusetts,and_West American Insurance Company_ - is a corporation duly organized under the laws of the State of Indiana(herein collectively.called the"Companies°);pursuant to and by authority herein set forth;does hereby name Constitute: and appoint, David B.Sandiford;Jeffrey R.Gryde- : _ : :.- :, _-._ ". _-: - _ = - - all of the city of Laguna Niguel- ,state of CA :: :. •each individually if there be more than one named:its tnie and lawful attorney-in-factto rriake;:execute seal;,acknowtedge_' • and deliver,for and on its•behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligation-S,in pursuance:of.these presents an_d:shall: be as binding upon the Companies as if they have been-duly signed by the president_and attested_by the secretary of the Companies in their own-proper persons::7 ::: - IN WITNESS WHEREOF,this Power of-Attorney has been subscribed by an authorized officer or official of the Companies and the:corporate seals"ofthe.Companieshave-been'affixed- - _ thereto this stn day of October 2015 __ _ Obe " : .. - - _ [ _-"J'•- - - -.- " " - :1": Amercan"Fire-and Casualty.Compariy_ ; _: /;•1D C1 - - pct INSU - ,,,14SU4 ";WSUq ' - - ' _. •_ _ _ - _ " - " pti r; '{t:,9e - J�.n+ :. "y .�JP Pt'')i„V��p Q�C',�fi•�.���:,,rc _ -- The Ohio Casualt -Insurance:Com an - - = N " - Liberty Mutual Insurance Company w a 1906 0 0 1919 f1 ,- 1912: ° ..- 1991 - - - - - " "- - C_ z _° x y a West merican Insurance Cori1 an c` a s - _ p Y * = C STATE OF PENNSYLVANIA - ss = - - - = David M,_Care ,Assistant Secretary _ "-z--C m COUNTY OF MONTGOMERY _ " 2 C) On this 6th day of•October 2015, before me-personally appeared David•M Carey,:who acknowledged himself to be the-Assistant Secretary of:Amencan Fire'and v�. 6 d Casualty-Company,Liberty Mutual Insurance Company,-The Ohio Casualty Insurance Company,and West Am-merican:Insurance Company,and_th-at he as such:being authorized so to do,-_ >,(n' 5 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations'by himself as a duly authorized officer: - •^;- = = - _ - - "O Iii. E ca ' C) > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania;on the day-and year first above written.:_ = •; -"O 0. dtC pgSr •COMMONWEALTH OF PENNSYLVANIA = s- _ _ - - - _ +'O _ _. •'���o F�oaw�t F!� - Notarial Seal '.".- : I _ .- - __ ' - a d' C•— - = • _ - ti c _ i v - _Teresa'Paslella,Notary Public. - g Q/�����J�-) jI%�� ,�;,�j - CO rn - _ - .. of _ Plymouth T M n m ..-." i y. 1L�, '^�_ 't �(,f�h=�."`�".�": -" t`�• Q ` P y outh wp., o tgo ery County _. Teresa Pastella,.Notary.Public=: _ - _ -_ -• . " - - •c 4\P = .I My Commission Expires March 28,2017 . " •- - -" _ _ - _; a9 'O i wSyL'P y y,G -Member,Pennsylvania Association of Notaries 1 - - ; - - _- - - '0 C co This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company;The Ohio Casualty Insurance: of o- e Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as.follows :• :-" - C OOr, = •C w�. to ep ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President;and subject• O-C •t 4.; to such limitation as the Chairman or the President may prescribe,-shall appoint such.attorneys-in-fact,as may be necessary to act in behalf of the Corporation_tomake,execute;seal y O,= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such-attorneys-in-fact;subject to-the limitations set forth in their,respective, La s E y powers of attorney,shall have full power to bind the Corporation by their signature_and execution of any_such-instruments:and to attach thereto the seal of the Corporation.-When.so. •, =am 0 executed,such instruments shall be as binding as if signed by.the President and attested to by the Secretary.Any power or authority granted-to:any representative or attorney:in-fact-under. > the provisions of this article may be revoked at any time by the-Board,the Chairman,the President or by the officer or officers granting.such power orauthority:_ _` - ,---:"--=•:,--, : : t 4 - U r N ,3 C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any Officer of the Company authorized for that purpose in writing by the chairman or the president, ,E o? d and subject to such limitations as the chairman or the president may prescribe,-shall appoint such attorneys-in-fact,as"may be necessary to actin behalf of the Company to make,execute;, `-M O '3 seal,acknowledge and deliver as surety any and all undertakings,-bonds,recognizances and-other-surety obligations."Such attorneys-in-fact subject to the.limitations'set-forth_inieir C 00 Z rJ respective powers of attorney,shall have full power to bind the Company by their signature and execution of any.such instruments and:to attach thereto the seal of the:Company::When so O o executed such instruments shall be as binding as if signed bythe president and attested by the secretary =I-, - -o�" Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the"Company.authorizes:David M:Carey,Assistant Secretary to appoint.such attorneys in ' fact as may be necessary to act on behalfof the Company to make:execute,_seal,acknowledge:and deliver as surety any and all undertakings,bonds;=recog"nizances and-other-Surety == : - _obligations. _ Authorization-By unanimous consent the Company's Board of Directors,the Company.consents that facsimile or,mechanically-reproduced signature._of.any assistant secretary of the: . . . Company,wherever appearing"upon a certified copy deny power ofattorney issued by the Company in.connection with surety bonds,shall bevalid and bindiing.upon the Companywith;-?: = the same force and effect as though manually affixed.: - _ - I,Gregory W.Davenport,the undersigned,Assistant Secretary,of Amencan Fire and Casualty.Company,The Ohio-Casualty Insurance Company:Liberty Mutual Insurance"Company,-and:•-"= -" West American Insurance Company do_hereby certify the original power of attorney of which-the foregoing is.a:full true and correct:copyof the Power of.Attorney executed.by said - Companies,is:in full force and effect and has not been revoked. - "-. - - - _ - - " - - - L. - _ _ - - _ IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this- .28th day of March - _- "_ , _. - .;20-16 _. . ,>,O C. (V INS %HSJ .`5q$ q QC.`,.a0.r., :� o-u:q; .y✓ - ,,,e""\ ' p�a;_V ti V C�pCW.arC r, 1906 . o 0 1919" 2,'-, _ 1917 - 1991 ." _ _ - = By: _• ^ '� Y 2 _ 'Gregory W.Davenport,Assistant Secretary LMS_12873_122013 •- ' - • Bond No.: 024055394 Issued in Triplicate Bond Premium:$2,703.00 PERFORMANCE BOND • WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to MARIPOSA LANDSCAPE,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 LANDSCAPE MAINTENANCE SERVICES CONTRACT (2014/2015) 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 date February 41.2015, and further amended by Amendment Number 1 dated f,,K ` oknco _ (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 Mariposa Landscapes, Inc. the undersigned Contractor, as Principal, and The Ohio Casualty Insurance Company .� a corporation organized and existing under the laws of the State of New Hampshire ,,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 FOUR HUNDRED SEVENTY-TWO THOUSAND, FIVE HUNDRED SIXTY DOLLARS AND NO CENTS, ($472,560.00), 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. 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. RVFLB‘S>RD\50217I) PERFORMANCE BOND- 1 CrB-STATE C LOCAL(MO)(7124100) 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. 28th;' day on. March , 20 16 • Mariposa Landscapes, Inc. PrincipalContractor By: (A/CYOL-Cr President The Ohio Casualty Insurance Company Surety BY: A t �l ✓ . David B.Saridif••f, o ` e; in-Fact The rate of premium on this bond is. $5.72 per thousand;. The total amount of premium charged, $ 2,703.00 . (The above must be filled in by corporate surety.) 1 I . RV PU$1DRD1562370 GB-STATE&LOCAL 61O) '24100 PERFORMANCE BOND - 2 t �� ) CERTIFICATE AS TO CORPORATE PRINCIPAL I, Antonio Valenzuela , certify that I am the Secretary of the corporation named as principal to the within bond; that Terry Noriega who signed the said bond on behalf of the principal was then President 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) Signature 03/29/2016 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)(7124/00) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles on March 28, 2016 before me, Irma Urbina, Notary Public (Here insert name and title of the officer) Personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person( whose name(&-) is/ape-subscribed to the within instrument and acknowledgement to me that he/. executed the same in his/h t ei authorized capacity(, and that by his/het-At-I'm-if signature(.) 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. ` . IRMA URBINA ol.:�� _�,i COMM. #2143668 WITNESS my hand and official seal. z u. Notary public• x \ California Los Angeles County — Comm.Ex,Tres Feb.21 (Notary Seal) 21,2020 Signature of Notary Public • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document,so long as the verbiage does not require the notary to do something that is illegal Jor a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they.is/ere)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On March 29, 2016 before me, Irma Urbina, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President who proved to me on the basis of satisfactory evidence to be the person( -) whose name(e-) is/fie-'subscribed to the within instrument and acknowledgement to me that he/ ey-executed the same in his h r'their authorized capacity(), and that by his/lrei t eir signature() on the instrument the person(a), or the entity upon behalf of which the person( )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. 1' % • IRMA URBINA WITNESS my hand and official seal. 4 COMM. #2143668 z Ok: Notary Public.California Z`, ~Y.j Los Angeles County (Notary Seal) ) :,r�I, Mt Comm.Dykes Feb.21,2020/ Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment forrn must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document c•urefidly for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/fife) or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 State of California i County of Los Angeles On March 29, 2016 before me, Irma Urbina, Notary Public (Here insert name and title of the officer) Personally appeared Antonio Valenzuela, Secretary , who proved to me on the basis of satisfactory evidence to be the person( whose name(i) is/afe-subscribed to the within instrument and acknowledgement to me that he/Ale-they executed the same in his/her/filth- authorized capacity(), and that by his/hei- t eir signature(i) on the instrument the person(), or the entity upon behalf of which the person(}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. "� IRMA URBINA • NESS my hand and official seal. COMM. #2143668 z ��gr. Notary Public-California e z.;rte j Los Angeles County ✓�� (Notary Seal) +,,„r,,, Comm.Ex.ires Feb.21,2020• Signature of Notary Public a a ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they. is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. ❑ Partner(s) 4. Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. THIS POWER-OF ATTORNEY IS NOT VALID`UNLESS IT IS PRINTED ON-RED BACKGROUND. - --- = - - - - " .- This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner a_nd to the exfent hereinstated:.:._ : - - - _- -. = - - ' _ .Certificate.No. 7132122 American Fire and-Casualty Company :. _ -Liberty Mutual Insurance Company_ =_'.' _- , _ - The Ohio Casualty Insurance Company= West American Insurance Company _- _ _ - = _• - - . . ' . - ' POWER-OF:ATTORNEY: . . : _ - := -,--= _ KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty.Company and The Ohio Casualty Insurance Company are corporations duly organized underthe laws:of- _ the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the.laws of the State of Massachusetts,.and West American Insurance Company- - _• . is a corporation duly organized under the laws of the State of Indiana(herein c_ollectively.called-the"Companies");pursuant to and by'authority herein set.forth,does hereby name`,consslitute=-• and appoint, David B.Sandiford;Jeffrey R.Gryde= - - --- -_ - -. = : - - - -- = - - : - _ ; =. - _ - all of the city of Laguna Niguel ,state of CA: = = each individually if there be more than one named,-its trueand'lawful attorney-in-factto make,execute,seal;acknowledge '.. and deliver,for and on its behalf as surety and as its act and.deed,-any and all-undertakings,bonds,recognizances and other:surety obligations,in pursuance of ihese presents and shall_ -'' - be as binding upon the Companies as if they beenfduly signed by the president and attested'by the secretary of the:Companies in their own proper-persons _ - __ -- IN WITNESS WHEREOF,this Power ofAttomey has been subscribed by an authorized-officer-or official of the-Companies and the corporate seals of the..Companies have-been affxe_d: -- thereto this-6th ' day of October -.2015- . - - :-..•:, - _ - _ _ American Fire-and.Casualty Company_ - -.,3 cPNO�A;Sj� ��t'IIfISpq `yylNSUgs: - La:1NSUq�,1, _ _. _ Q'.i:1F. .t'>,3'1.7 „Jy°vx,, 9^ . id,-;-.4,....0/q, _ o'a Ar. - _ - _ - - . 4 „ L e J ,Q ; _The Ohio Casualty Insurance Company y Liberty Mutual Insurance Company= :- - a)•1906 o 979 > 1912 . ° 14 '1991 :West merican Insurance-Company'; tll iv,,,11..,.A. ,`i X35, ' ,:.." t a y �Jt,c,n. ? \'. "-omn^ _ : _ 7 a7 #t 1 /r: .rte _ e - . . By:. �' _ - Q O STATE OF PENNSYLVANIA' ss .: - - _ - = David M'Care ,Assistant'Sec?etary .' -- :='-: "C , I- COUNTY OF MONTGOMERY • = - _ to 2 = t On this 6th day of October •- , 2015 , before me personally appeared David.M.Carey,_who.acknowledged himself to be the:Assistant`Secretary'of American Fire arid= 3 1F- 7 Casualty Company,Liberty Mutual Insurance-Company,The Ohio Casualty Insurance Company,and WestAmerican.Insurance Company,and that he;as such;being authorized so to do; 'aW O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ; -• -- _ ' - d L ►.-1_ a)> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial-seal at Plymouth Meeting,Pennsylvania,on the day_arid•year first above written_ O.0_ +-/ f0 P PqS COMMONWEALTH OF PENNSYLVANIA` _ +'.O �k�F�oewEaT`! _ Notarial Seal_ /_ - Q M C•N - - . ' l`v Teresa Pasteila,Notary Public_ By;:. ����J� �_t ) �.•• of PI mouth Tw Manl,ome Count 1Ter ` ` y P' 9 ry. y'- ~_ Teresa Pastella;_Notary Public_'_ - y _ _ _ •� `w - _I My Commission Expiies March 28.2017 _- _ _ - _ _ _ _ ' _ _ _ _ - , - • +07, - y>G Member:Pennsylvania Association_of Notaries- - _ - _ - - O 1E- C• CO This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fireand Casualty.Company;TheOhio Casualty Insurance •in p y. Company,Liberty Mutual.Insurance Company,and West American.Insurance Company which resolutions are now in full force and effect reading es follows = = =.':-.:: - •_ = = r c co 2 ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by th-e Chairman or the President,andsubject_ 0-C 2 to such limitation as the Chairman or the President may prescribe;shall_appoint such attorneys-in-fact,as may be necessary,to.act in behalf-of the Corporation_to make;e.xecute,.seal,: d 8.c acknowledge and deliver as surety any and all undertakings,bonds;recognizances and other surety obligations. Such attorneys-in-fact;subject:to the limitations set fortfi'in their respective_ La,S E c powers of attorney,shall have full power to bind the Corporation by their signature-and execution of'any such instruments and to attach thereto the seal:of the:Cerporationf=Whenso: •7 O 8 executed,such instruments shall be as binding as if signed bythe President and attested to by the Secretary Any power or authority granted to any representative'or attorn_ey,in`fact under. >•fl Tthe provisions of this article may be revoked at any time by the Board,the Chairman;.the President or by the officer-or officers granting such power or authority. .7 ; _ _ _ -.7-. ._ «,N T7.3 C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose-in,writing by the.chairman o_r ttiepresideni .E Co > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys=in-fact;as may be necessary to actin behalf of the Company to make,execute; -.6.M O j seal,acknowledge and deliver as surety any and all undertakings;bonds,recognizances-and other surety obligations, Such attorneys.in=fact subject to the limitations set=forth_in-their C'co Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of anysuch instruments and to attach thereto the seal of the Company.:When so` v o executed such instruments shall be as binding as if signed bythe president and attested by the-secretary.- - - - ;: '--.-7-:_-----.7 :_ 1:-:-:-.." -_ _ _ C co Certificate of Designation-The President.of the Company,acting pursuant•to the Bylaws of the.Company;.authorizes David M.Carey,'.Assistant Secretary to appointsuch_attorneys-in-: __ fact as may be necessary-to act on behalf:of the Company-to make,execute,seal,ecknowledge=and.delive[as surelyany and all undertakirigs;bonds=recognizances and other_surety- - obligations. : - _ " = _ _ ; ;_ : • _ _ - -- - _ = _ _ - Authorization-By.unanimous consent of Company's Board of Directors,the Company consents that facsimile or mechanicallyreproduced signature.of any assistentsecretary of the:. .r. = • Company,wherever appearing upon a certified copy of-any power of attorney issued by the Company in connection with:surety bonds;shall bevalid.and binding:upon the Company-with-, ." - the same force and effect as though manually affixed = - _ I,Gregory W.Davenport,the undersigned,Assistant Secretary;of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance"Company,'and' - _ West American Insurance Company do hereby certify the original power of attorney Of which the foregoing is a full,true and correct copy:of the Power-of-Attorney executed-bysaid- - - Companies,is in full force and effect and has not been revoked. -- -- _ _ - _ - :- - - _ _ - r - _ „=---.."..,:_ . . IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th'-=day of March -= -±: - --:=H---.:. - '.,20`l 6: _ 0 c•1s, �(v u11 ,,N,..\;4 S ti 1.� ;NiaRt - = 2 -, a 1906 p . c 191) _r' -1912 _ 1991 ?: _ -- 0. ' - _ - _- g-y; 'G re g o-ry_W_ :Da_v e nport,As s is ta nt.Secretary--_ = :-- _ ," ' z y '''4:,,,,,,f ,.,:-r •,,rr. ➢ ,,`,. i '.,,,, ` -_ _ r.t ♦ - k x - _ •LMS 12873 122013 _ - cay aer�,s COPY iioo-90 Incorporated A.su.t 5, 1903 o���aity of 1'�' °moo LANDSCAPE MAINTENANCE SERVICES (2014) BID AND CONTRACT DOCUMENTS TOM TAIT PUBLIC WORKS SERVICES DIRECTOR SCHEDULED BID OPENING: TUESDAY, DECEMBER 2, 2014 CITY HALL, CITY CLERK'S OFFICE, 240 HUNTINGTON DRIVE, ARCADIA, CA 91007 RVPUB\DRD \569998 GB - STATE & LOCAL (COV) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) CONTRACT FOR THE CITY OF ARCADIA LANDSCAPE MAINTENANCE SERVICES (2014) 1. PARTIES AND DATE. This Contract is made and entered into this day of ,,&U4. 2045 by and between the CITY OF ARCADIA (hereinafter called the City ") and MARIPOSA CAINDSCAPE, 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 of Request for Qualifications to bid issued by City on July 7, 2014, has submitted a bid proposal for Landscape Maintenance Services (2014) 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 December 3, 2014. 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 \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) 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 Contract to another contractor in accordance with state law. 1-11A Contractor, s Initials 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 Bid Schedule Category numbers "I — V" and Alternate Bid "A ", and all items included within, necessary to fully and adequately complete Landscape 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 Four Hundred Seventy -Two Thousand, Five Hundred Sixty Dollars and No Cents, ($472,560.00), 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. Contractor shall perform and complete all Work under this Contract for one year from date of execution. 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 to the Project Schedule located in the Specifications. RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) 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 One Hundred Dollars ($100.00) 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) (LANDSCAPE MAINTENANCE SERVICES) Contractor Mariposa Landscape, Inc. 15529 Arrow Highway Irwindale, CA 91706 Attn: Terry Noriega, President CSC City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Dave Thompson, Streets 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 By: Dominic Lazzaret City Manager ATTEST: By: ity �;erk Approved as to Form: By: S&AA, + . Aa�d' Stephen P. Deitsch City Attorney MARIPOSA LANDSCAPE, INC By: r �e <,l Title i By: Tc l < 4fe Title RVPUB\DRD\570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) 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: Mariposa Landscape, Inc. By: Signature Name Title r----1 -Z-) Date RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00) Bond No. 024055350 Premium: $2703.00 tl% 7M. IQ WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to MARIPOSA LANDSCAPE, 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 LANDSCAPE MAINTENANCE SERVICES CONTRACT (201412015) and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contr P�or is more particVlarly set forth in that certain contract for the said Public Work, datecWAlkm q, W) (hereinafter the "Public Work Contract"); and I I -r 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 Mariposa Landscapes. Inc. the undersigned Contractor, as Principal, and The Ohio Casualty _Insurance - Company " " " " " . .. .... .. . .... .... .... .... .... . .. .... ... . . ... a corporation organized and existing under the laws of the State of New Hampshire 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 FOUR HUNDRED SEVENTY-TWO THOUSAND, FIVE HUNDRED SIXTY DOLLARS AND NO CENTS, ($472,560.00), 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 tru ly 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. 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. it VPU 1RDRIM 62 3 % PERFORMANCE BOND -1 G n s"rATT, & LWAL1610) (7,124,1M,) 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 10th day on January Mariposa Landscapes, Inc. Principal/co tractor By: President � 11,111 V The Ohio Casualty Insurance Company Surety By: ld'effrbyR. Gryde, Attorney- i n- Fact The rate of premium on this bond is $5.72 per thousand. The total amount of premium charged, $ 2703.00 (The above must be filled in by corporate surety.) R VV L'UDR I Y,562PQ PERFORMANCE BOND - 2 (3 9 - S I'AIT & LOCA 1, (610 ) (7,74,V)) CERTIFICATE AS TO CORPORATE PRINCIPAL �(j I e 0 -z- U E1 '0� , certify that I am the ............. * ..................... Secretary of the corporation named as principal to the within bond; that I - 't C�V" V, , , -j0o e- (4 6 who signed the said bond on behalf of the princi p al was th-6n 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) Signature 1 -I ?D - I S Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. XVPUB%DRDA562V0 PERFORMANCE BOND - 3 cm - sm'' & "Al, (610) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On January 10, 2015 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(a) is /are- subscribed to the within instrument and acknowledgement to me that he/she -they- executed the same in his /herh4teir authorized capacity(ies), and that by his/herMtiieir signature(fr) on the instrument the person(s), or the entity upon behalf of which the person(.& 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.'""""" J CHO FORM WITNESS my hand and official seal. 4f Notary Public DESCRIPTION OF THE ATTACHED DOCUMENT AGREEMENT SIGNATURE PAGE (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer (Title) ❑ Partner (s) ❑ Attorney -in -Fact ❑ Other COMM # 2002552 a wI' `*�+ ° .k Notary Public - California a a ' LOS ANGELES COUNTY i My Com.6Wi Expires D- 30, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a document is recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe /they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT >tate of California County of Orange A notarryy public or other officer completing this certificate verifies only the identity ofi the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On January 10, 2015 before me, P Zeis, Nota ry Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. Signature P. ZEIS COMM. #1974059 z Notary Public California Ao Z Orange County „o.�' M Comm. Expires Apr. 29, 2016! (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title tit descririt ion 41 f ana Acd dfi:umemt I 1 Vide or descrtlztian ofattacieti document continued) Number of Pages Dc)tutncnt Date (Additional rnA)rmation) CAPACITY CLAIMED BY THE SIGNER L Individual (s) E: Corporate Officer jitter Li Partner(s) X Attcmq -in -Fact ❑ Truste (s) 1 Othee INSTRUCTIONS FOR COMPLETING THIS FORM ,any acknowledgmtwr completed in Catifomio must contain verbiage exactly at appears a&tr in ahe notary section or a WpAeawe aeitrowledgment fto-m muse be property completed and artacked to that do+currretrt. The only exception is tf a document is to be recorded tmtside of Caltrornia- In such mstanc4n, anti alternatirt acknowledgment wrhrage os muy be printed on such a dax'nenrew so ioeg as the i frhiage dues not require A c notary to do sotmeikhrg that is illegal lot- a nurary in Ca lrfvrnea 6.r cer0wrig the aunkarized capacity of the signer)- Please check the dou"Merit car MIV far proper rauarial wanting and ortach this form i1mittred. • State and County mforrtntion must be the State and County where the dOCwii m signer(sl tsctsonaily appearei before the notary public for acknnw"mem. • Date of mr"nuilinn mum he the state that the signer(s) persatraliy appeared whit:k must alai he the calme date the acknowledgment is completed. • The notary pubbe must print hit or her name as it appears within his or her cosrmission ftdluwed lsy a onmma and then your title4rkitary public) • Pant the "Ame(s) of k7tumcntt srgrtsxis) who petyunatly appear at the time of notarization • Indicate tht correct srnguhrr or plural forms by cr wing oft- incorrect Aynns ir.e" bar "abec+Ihuyr is laic t or core ling the erariect for im Failure to correctly indicate this mforinatian usay lead to rei- ticx►nfducuinrnl recording_ • fhc notary seal impression tnuat be Clear and phottTraphicaliv reproducible Impression must nor cover teat of lines. if sent impression san- liter, re-seal if a sufficient urea permits, oilterwise compiete a differrnt acknowledginem form. • Signature of the no" public most snatch the signature on file with the entice of the ta«umv clerk, 4r ridddwmil information is not requited but cuukt help to ensure this acknowledgment is not tttiso5ed or attached to a drfterent document. I Indicate tine or type of attached document, nu►nber of pages and date. 3 Indicate the capacity claimed by the signer If the chimed capacity is a ctmpiorate ntlnner, indicate the tale (i.e. CEO. CFO. Sccretary). • Se urely attach this document to the signed dneument CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On January 13, 2015 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Antonio Valenzuela, Secretary who proved to me on the basis of satisfactory evidence to be the person(R) whose name(s) Ware subscribed to the within instrument and acknowledgement to me that heilshe -hey executed the same in his/herAheir• authorized capacity(ies), and that by his/kerftbeir signature(&) on the instrument the person(e), or the entity upon behalf of which the persons} 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. FORM WITNESS my hand and official seal. Signature of Notary Public DESCRIPTION OF THE ATTACHED DOCUMENT AGREEMENT SIGNATURE PAGE (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer (Title) ❑ Partner (s) ❑ Attorney -in -Fact ❑ Other J. CHO COMM # 2002552 a a ` Notary Public - California LOS ANGELES COUNTY My Commission Expires Dec. 30, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a document is recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she /they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. (3i00055 I...r7 N O N r+ C _M W L M 3 v d O M d > m� c� do 44) c a L d++ �N to ` to y t� O C E L �+ 01:13 'O A 0 to c > d �+ L Z v American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeffrey R. Gryde all of the city of Laguna Niguel state of CA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of September , 2014 - es, STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: / l David M. Care , Assistant Secretary On this 2nd day of September 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and U Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, > execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a) IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ^2 ^� Teresa Pastella , Notary Public This Power ofAttomey is made and executed pursuant to and by authority of the following By -laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS — Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10th day of January ,20 15 By: Gregory W. Davenport, Assistant Secretary LMS_12873_122013 37 of 250 MI 0 d 3 O EL t y O :O d s L W c O U O F-