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Home My WebLink AboutC-2103AMENDMENT NO. 8 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. i *This Amendment No. 8 ( "Amendment No. 8 ") is hereby entered into this o2�O th day of 1t ✓ , 2011 by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., with respect to that certain Contract between the parties dated October 12, 2004, as heretofore amended ( "Contract "), as amended by Amendment No. 1 dated October 5, 2005, and further amended by Amendment No. 2 dated October 18, 2006, and as further amended by Amendment No. 3 dated October 16, 2007, and as further amended by Amendment No. 4 dated September 30, 2008, and as further amended by Amendment No. 5 dated February 20, 2009, and as further amended by Amendment No. 6 dated December 4, 2009, and as further amended by Amendment No. 7 dated November 3, 2010. The parties agree as follows: Pursuant to Section 1 of the Contract, the Term is extended to and including to October 12, 2012. 2. Pursuant to Section 2 of the Contract, the total compensation is hereby amended to read as follows: the total compensation shall not exceed TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,110.00). 3. All of the terms and provisions of the Contract not amended by this Amendment No. 8 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 8 on the date set forth below. CITY OF ARCADIA CLS LANDSCA EMENT INC. By: ti �Qir..» -.-- By: Donald Penman avis City Manager resident Dated: _ 102(. f I, (SEAL) Q' t _ - APPROVE AS TO FOR - Stepheh P. Deitsch City Attorney Dated: 10-11-11 CONCUR: /� AZ Tom Tait Public Works Services Director r „ AMENCMENT NO. 7 TO TREE MAINTENANCE PROGRAM CONTRACT BY ANA BETWEEN THE CITY OF ARCA�IA ANE) R�jO� C--LS LANDSCAPE MANAGEMENT, INC. This Amendment Na-_ 7 ( "Amendment N(:>_ 7 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and C_-LS Landscape Management, Inc_, with respect to that certain Contract between the parties dated October 12, 2004, as heretofore amended ( "Contract "). The parties agree as follows: 1. The term of the Contract is extended to and including October 12, 201 1 _ 2. For the period of the Extension of the Contract, the total corrpensatian payable by the City to the Contractor shall not exceed TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,'1'10.00). 3. All of the terms and provisions of the Contract not amended by this Amendment No_ 7 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 7 on the date set forth below. Donald Penman City Manager Dated. � • � 'a � oo .� T (SEAL) TT T: .liln�l�. ,Q J- 11 1 City rK 1� - -� ate CLS LANDSCAPE MAc�NT INC Kevin L. is President Gated: a°� APPROVE AS T(�O FORM: - CONCUR:� -mac Stephen P_ E:)eitsch Tom Tait City Attorney Public WorKs Services Director LABOR AND MATERIAL BOND 0 4 ontrac Pric e) Bond 0391058 Premium: Included in Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International H corporation duly organized and doing business under and by virtue of the laws of- State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,110.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2010 -2011 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 29th day of September 2010 CLS Landscape Mana International Fidelity Insurance Company Principal Surety By: By. (SEA K n L. Davis, President (SEAL) 1 Matranga, Atto -In -Fact BIC -2 State of California County of Sacramento On September 29, 2010 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 /afe subscribed to the within instrument and acknowledged to me that he /sheAh executed the same in his /4ef4h& authorized capacity0%), and that by his /4e4heif signature(&) 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. WITNESS my hand and official seal. Signature— /'YL.c -Gz-� SHARON MATRANGA Commission # 1884737 Z a Notary Public - California z Z � Sacramento County (Seal) My Comm. Expires Mar 30, 2014 CALIFORNIA • ACKNOWLEDGMENT State of California County of at^ 7�ev14 A✓1:4L-1b On 0000 Q 4' before me, Date personally appeared V I' (.f CARIAS ACEVEDO Commisaton # t805406 Notary Public - California 4b RiversIdS County M Comm. Expires Jul 11, 2012 Place Notary Seat Above Here Insert Name and Title of the Cticer G' v / S 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 O 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 nt Title or Type of Document: 7, 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 Top of thumb here 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 -i � \'! < \�_! i \�� < \!� \`�i \�G \`!�. \�� \_'/ < \.. � \`� -_/i � \ ✓, �.�. � \� < \'!i \�!�. \'! �\` �i\✓ �\_' �i\✓ i(_✓, G\% �i�% i\%, i\✓ �i�% i\✓ G` �4`✓ S\` ii \ ✓i \_'_�,i \ ✓6 \ ✓i \ ✓i \ ✓L \ ✓4 \_ ✓_. �. \�i \� � \'��. \��. \� < \`! �\�! W JERSEY. KNOW ALL MEN BY TIMSE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ... _. .................. .. ... _ .... .. .....:............ ........ STANLEY J. MATRANGA Carmichael, CA. ....................... .... ...... . its true and lawful attorney(s) -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 the nature thereof, which are or may be allowed, required or permitted by law; stature, title, 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, as fully and amply,; to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL' FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company' thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by - facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 0ARQ0 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. O NOTARY PUBLIC A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company asset forth in said Power of Attorney, with the ORIGINALS ON IN THE HOMY OFFICE OF SAID COMPANY,;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 revokedland is now in full force and effect ')lv FAITHFUL PERFORMANCE BOND 0 0 on#ract Price Bond No. 0391058 KNOW ALL PERSONS BY THESE PRESENTS: Premium: $5,172.00 That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and P% corporavon auly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,190.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled- 20010-2011 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay ail costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 29th day of _ September 2010 CLS Landscape Manageme International Fidelity Insurance Company Principal urety -- E63 y: (SEAL((S By: ) Kevi L. Dav' , resident (SEAL a atranga, Attor -In -Fact BIC -1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �S!:�S;�S,�..�.'.' S. �JS!�2�S�S.�a F z:S.�> �S 5�.�'S;c�S •. c�S .::S.B:S,�S,s?S.�S.�S!�a•..�5� .: ?S 5�.-' �' t, ��- �\.' S: �S .c�•.�S.�S..'�S�S,�S.c�S,y?S<� ' cy�.,a .sa State of California County of (G t^ pip YvIG��, p On S(74 t Oq o before me, Date Q personally appeared CA CARLOS ACEVEDO Commission #r 1805406 �i Notary Public - California Riverside County rM Comm. Expires Jul 11, 2012 y C7 Here Insert Name and �aV l'S 2 l rc 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. Place Notary Seal Above 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 Title or Type of Document: 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: LA, c L"C'-p bD t^ k RIGHT THUMBPRINT OF SIGNER Number of Pages: 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: `��• \! \!ice✓: ✓��\ �\ :\ .i\ Ali\` �i� ✓ice✓: ✓:\✓�i :�✓S \`�i \`�� \`� 4 "I'll °✓ • ✓ ✓ ✓ ✓ J� ACKNOWLEDGMENT State of California County of Sacramento ) On September 29, 2010 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(&) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /heN##►e* authorized capacity0ee), and that by his /her4h& signature(&) 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. WITNESS my hand and official seal. rQ"4 SHARON MATRANGA Commission # 1884737 Z Notary Public - California Sacramento County My Comm. Expires Mar 30, 2014 Signature _ %� (Seal) KNOW: ALL MEN BY THESE PRESENTS. ' That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and. existing laws of the State of New Jersey, :and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint .. .............. ..... .. ............................................. ............ ....................... .......... ,..................... .... .. STANLEY J. MATRANGA Carmichael, CA. ..... ......... ....... .. ............................. ................... ...... its true and lawful attorney(s) -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 allowed, required or ermitted by law, stature, 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, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and ,any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY .STATE OF NEW JERSEY �� County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seat of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OAF06 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ��P • �� at the City of Newark, New Jersey the day and year first above written. a .NOTARY PUBLIC y JE 1 A NOTARY PUBLIC OF NEW JERSEY , CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, 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 Gretary - GALIF04�,q ORIGINA L AMENDMENT NO. 6 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 6 ( "Amendment No. 6 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., with respect to that certain Contract between the parties dated October 12, 2004, as heretofore amended ( "Contract "). The parties agree as follows: The term of the Contract is extended to and including October 12, 2010. 2. For the period of the Extension of the Contract, the total consumption payable by the City to the Contractor shall not exceed TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,110.00). The total amount of the contract reflects a 6.67% decrease with the possibility of two (2) additional extensions per City Council approval. 3. All of the terms and provisions of the Contract not amend by this Amendment No. 6 are herby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA By: ,r1L�.rr•�.._ Donald Penman City Manager Dated: (SEAL) ATT T: C i er Date CONCUR-) � l Pat alloy, 'ssistan City Mgr/ Public Works Servi es Director CLS LANDSCAPE MANAGEMENT INC. By: Ke ' avis President Dated: ) I'll 310.17 Bond No. 0391058 Premium: $5,172.00 FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance Com A corporation auly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,110.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2009 -2010 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 13th day of November 2009. CLS Landscape Management, Inc. Q International Fidelity Insurance Company Principal Surety y _ Y (SEAL C D vs, President" - (SEAL) J. Matranga, orney -in -Fact BIC -1 State of California County of Sacramento On November 13, 2009 ACKNOWLEDGMENT before me, personally appeared Stanley J. Matranga S. Matranga, Notary Public (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 hand and official seal. it 01fN10 ",•J. 200 Signature (Seal) CALIFORNIA • ACKNOWLEDGMENT State of California County of�jAl Kai LA a On NO Vk44 ( 1-0 © %efore me, W ( (f C— Date Here Insert Name and Title of the !ricer personally appeared U L't L q V /rs Name(s) of 5 ner(s) r*4 CARLOS At iVEDO Commisaion #r 1805406 •f► Notary Public - California Riverside County MY Comm. Expires Jul 11, 2012 r 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 official seal. Place Notary Seal Above 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 Document Title or Type of Document: A^ ^ument Date: Number of Pages: �igner(s) Other Than Named Above: Capacity(iss) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner - ❑ Limited 0 General , • Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): - C1 Partner — ❑ Limited O General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THUNIOPHINT OF SIGNER 11 It. • M1 •1 :11 '4RNEY ..... ................ ZOTH FLOOR 207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,; and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint- ...... :...... ...... , ..:.. STANLEY J. MATRANGA Carmichael, CA. . ... ... ..: ... .... its true and lawful attorney(s)-in-fact to execute seal and deliver for and on its behalf as surety , any and all bonds and undertakings, contracts of indemnity other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, 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, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be 'revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bind ingg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IT Y //II f IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be OAP0 signed and its corporate seal to be affixed by its authorized officer, this l6th day of October, A.D. 2007. cmo SEAL V R` r INTERNATIONAL FIDELITY INSURANCE COMPANY 1904 STATE OF NEW JERSEY q County of Essex fNJ�1`� Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate; Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. r A IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, � at the City of Newark, New Jersey the day and year first above written. ARY i �\ _ _ Bond No. 0391058 Premium: Included in Performance Bond LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management Inc hereinafter referred to as "Contractor" as PRINCIPAL, and ' International Fidelity Insurance Com A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the ur ose of making, p p g, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are geld and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED SEVENTY -EIGHT THOUSAND, ONE HUNDRED TEN DOLLARS AND NO CENTS ($278,110.00), lawful money of the United States of America for the payment of which sum, well and truly firmly by these presents. to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2009 -2010 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court.. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 13th day of November , 2009, CLS Landscape Management Inc. International Fidelity Insurance Comp and_ Principal t Surety (SE-At) , Kevin L David, President (SEAL) J. Matranga, orney -in -Fact BIC-2 ACKNOWLEDGMENT State of California County of Sacramento On November 13, 2009 before me, S. 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. Ir f.J tJS��' Signature (Seal) CALIFORNIA • ACKNOWLEDGMENT State of California �, County of �J , �'�`'� " " " '-16 On PP d ( ak., t3 12-Ml before me, C'04,:95 i (`"` Ll � L50--p 4E Y-- Nte Here insert Name and Title of Twe icer personally appeared � I if �G V1, Name(s) of Signer(s) CARLOS ACEVEDO Commission # 1805406 Notary Public - California Riwrilds County Comm. EXOMS Jul 11 2012 + Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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 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 Document Title or Type of Document: 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 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 �Ihumb ❑ Trustee Top • Guardian or Conservator • Other: Signer Is Representing: i ;. « . :. Tel (97) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: 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 laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint .. ............:. ..... .: .... ... . ......... :... STANLEY J. MATRANGA Carmichael, CA. _... its true and lawful attorney(s)-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 pr permitted by law, stature, rule reggulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in- fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of . attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. CITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. r �' SEAL ``� ri INTERNATIONAL FIDELITY INSURANCE COMPANY yam' 1100 -go c- 2!03-5 AMENDMENT NO. 5 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT INC. This Amendment No. 5 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., with respect to that certain Agreement between the parties dated October 12, 2004 ( "Agreement'). The parties agree as follows: Special Provisions: Ficus tree trimming (page SP -5 & 6) shall be amended read as follows: The objective is to control canopy size and basic structure while maintaining an aesthetically pleasing appearance. Ficus trees in the business districts shall be pruned on an annual and bi annual basis as directed by the City. 351 trees will be trimmed annually in October and 134 trees will be trimmed a second time in April. The objective is to prune the trees in a manner that will provide clearance for business signs and storefronts while maintaining the natural shape and beauty of individual Ficus trees. Contractor shall be required to meet the schedule requirements as outlined in the in this paragraph and make every attempt possible to reduce the impact on businesses and business patrons during the course of pruning activities. 2. Effective March 1, 2009, the total compensation payable by the City to the Contractor shall be reduced by $13,801 (217 trees x $63.60 per tree) and the total cost of the contract shall not exceed Two Hundred Ninety -Six Thousand and One Hundred and Ninety Nine Dollars ($296,199). 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. [SIGNATURES ON NEXT PAGE] CITY OF ARCADIA By: '1TC7n-e � . Donald Penman City Manager Dated: �� 20104 (SEAL) CLS LANDSCAPE MANAGEMENT, INC. By: A TEST y 6y City CI k k Dat Pat Malloy, Assistadt City Mgr/ Public Works Services Director Kevin L. Davis (Print name) President (Title) Dated: �� ACKNOWLEDGMENT State of C orni County aF LA U On �Q�11� before me, C � Ids 17CR�12 -� �D (Gv (insert name and title of the officer personally appeared �L� V t L� Q U 15 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. CARLDS ACEVEDO C"Mit loe • ISM08 IF WITNESS my hand and official seal. No"Pubk •Calftma Rt"rawe County Comm. Ea a Jul 11,2012 Signature (Seal) l_ I] Ca103 -q AMENDMENT NO. 4 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 4 ( "Amendment No. 4 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., with respect to that certain Contract between the parties dated October 12, 2004, as heretofore amended ( "Contract'). The parties agree as follows: The term of the Contract is extended to and including October 12, 2009. 2. For the period of the Extension of the Contract, the total consumption payable by the City to the Contractor shall not exceed THREE HUNDRED AND NINE THOUSAND DOLLARS AND NO CENTS ($309,000.00), which reflects a cost of living adjustment of 3 %. The total amount of the contract also includes $25,000 for the Crown Restoration Capital Improvement Project. 3. All of the terms and provisions of the Contract not amend by this Amendment No. 4 are herby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA By: , % C-1t . Donald Penman City Manager Dated: 'q 11 3z) 2008 ,0�„ APPROVED AS TO FORM: P b Stephen P. Deitsch, City Attorney e CLS LANDSCAPE MANAGEMENT INC. B�/,,... _ -.�-- Kevin L. Davis (Print name) President (Title) Dated: 2008 Public Works -Iii, , • • LABOR AND MATERIAL BOND 00% of ontract nce) Bond No. 0391058 KNOW ALL PERSONS BY THESE PRESENTS: Premium: Included in Perf. Bond That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED AND NINE THOUSAND DOLLARS AND NO CENTS ($309,000.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2008 -2009 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, In case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 4th day of September 2008. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal Surety By. By:— 7�TL�T- (SEA resident (SEAltarpey J. Matranga, ttorney -In =Fad BIC -2 0 ACKNOWLEDGMENT State of California 11 County of � u P VvAP'1 ' U J ) 0 On SP14L hF-+' (gi '2'000� beforeme, ai�1&5 ye�v K /y�GV� puU br J _ (insert name and titl of the o Icer) personally appeared Y-1' V 'r 11 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. CARLOS ACEVEDO Commbelal / 1805/06 WITNESS my hand and official seal. Nagy PUNC - cal Orole LeMy RlvemW Coumy Comm. Jul 11, 2012 Signature (Seal) ACKNOWLEDGMENT State of California County of Sacramento On September 4, 2008 before me, S. 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(O whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his /he4t4& authorized capacity(ies), and that by his /herltheif 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. > rylar PA. WITNESS my hand and official seal. COW #1648824 m W : ti Notary Pugic Caliiomia T? �� SACRAMENTO COUNTY My Comm. UP. March 90, 2010 Signature _ ---) _ /YI,vL�� (Seal) . .......I. — ........ --.1.1 —1— .11 ............ ... %. ... -- ...... I .................. .... I ......... 11 .... --- ...................... I ... — 11.11 ... - - its true and lawful'artorney(s)-in-fact to execute, seal and deliver for and on its behalf as iturecy, am and all ,bonds and undertakings, contracts of indemnity and other writings obligatory in the namm thereof, which are or my be allowed, required or permitted I law,'statme rule regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these 'presents, shall be as"buiJut; upon the; said INTERNATIONAL- FIDELITY INSURANCE .COM1PANY,,as fully, and amply, to all intents and purposes, as if the same1mul been duly executed and acknowledged by its regularly elected officers it its principal office. This Power of Attorney is executed, and ma revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY WSURANCE COMPANY at a meeting called and beld on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Auomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company therem, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Arlorn%, is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th ay of April, which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such Sower of attorney or any certificate relating thencto by facsimile, and my such power of attorney or certificate bearing such facsimile signatures or facsimile seal be valid and bindmj upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in e future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seat to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secrets On this 29th day of August 2003, before me came the individual who executed the recedingstrument; to me personal known and being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL ELITY INSURANCE M[PXRT; &�t the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. 6TA R Y� A 6T T ARY C- :�\ that >'ORIGINALSON that the said Power ....... .. .. FAITHFUL PERFORMANCE BOND 100% of Contract Price Bond No. 0391058 KNOW ALL PERSONS BY THESE PRESENTS: Premium: $5,635.00 That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelitv Insurance Comoanv State of California and duly licensecT for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED AND NINE THOUSAND DOLLARS AND NO CENTS ($309,000.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2008 -2009 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This nth day of September , 2008. CLS Landscape Management, Inc Principal By: (SE is, President International Fidelity Insurance Company Surety By: (SEAL) gWniiVi. Matranga, Attorney -In =Fact BIC -1 0 0 ACKNOWLEDGMENT State of California, County of S'6 U i`5QVv`cy L` u c ) On >MAVU.AhJ4 os, I-'Wibeforeme, &y4c77 /?CW60 gblo o (insert name and title of the officer) personally appeared basis sit�N L 0 V i'� who proved to me on the 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. Signature (Seal) CARtOS ACEVEDO Comnleebn s 18D5/08 "my Public • Cetltomle Rlwrelde County My Comm. Expires Jul 11, 2012 0 ACKNOWLEDGMENT State of California County of Sacramento 0 On September 4, 2008 before me, S. 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(&) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /her/th& authorized capacity#%), and that by his /heF414eif 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. S. MATRANGA =r'„ �:. COMM. »�s4a82a WITNESS my hand and official seal. m / SACRAMENTO COUNTY Signature ✓1� - (Seal) Carmichael, CA. ...... ............ _......__.. .................. its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity e other writings obligatory in the nature thereof, which are or may . be allowed, required or permitted by law, stature; rule, reggulanon, contract or otherwise, e the execution of such s instrument(s) in, pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANI COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at - principal office:: This Power of Attomey is executed, and mayy,,e mvoked'pursuam to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNA'T'IONAL FIDELITY 1NSURANC. COMPANY at a meeting called and held on the 7th day of February, 1p974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact; and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed byy facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the followmg is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE COM NY STATE NEW JERSEY County of f Essex Secrets On this 29th day of August. 2003, before me came the individual who executed the preceding instrument to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY fNSIJRANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NOTARY PUBL ti �JE1 of Attorney ha! IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. "k� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 fficer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify [bat I have compared the foregoing copy of the affidavit, and the copy of the Section of the By Laws of said Company as set forth in said Power. of Attorney, with the ORIGINALS ON - :E OF SAID COMPANY, and that the same are cormet transcripts.. thereof, and of the whole of the said originals, and that the said Power ; n revoked and is now in full force and effect HEREOF, I have hereunto set my hand this 444 day of L]PA `K�iyt ✓,'JCS Oa, Assistant Secretary ' / i • . City G�er�. ORIGINAL X Y4 \ \pW- yV AMENDMENT NO. 3 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc. with respect to that certain Contract between the parties dated October 12, 2004, as heretofore amended ( "Contract'). The parties agree as follows: The term of the Contract is extended to and including October 12, 2008. 2. For the period of the Extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), which reflects a cost of living adjustment of 4 %. The total amount of the contract also includes $25,000 for the Crown Restoration Capital Improvement Project. 3. All of the terms and provisions of the Contract not amend by this Amendment No. 3 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADI By: q ' � William R. Kelly, City Manager b4&01 APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 1 CLS LANDSCAPE MANAGEMENT, INC. By: : Laois (Print name) President (Title) CONCUR: a-� Pat Malloy Public Works Services Director FAITHFUL PERFORMANCE BOND •Bond No. 0391058 ti 100% of ontract Price Premium: $5,500.00 KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance Company A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2007 -2008 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 4th day of September 2007. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal (must a rwta zed) �ASurety (Mu /st be notarized) By: By: �7A �l President (SEAL)(§fa66y J. Matranga, Attorney -in -Fact C 1 f s t any gl rev is the V be revoked pursuant to and by authority of Article ;3 Section 3, of the %Laws ado red by the Board of INSURANCE COMPANY at a meeting called and held on the 7th day of February, _1974. - Vice President, Secretary or Assistant Secretary, shall have powerand authority wrize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and 1 other writings obligatory In the nature thereof and, ey -in -fact and revoke the authority given. - id sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting 1982 of which the following is a rmeiexcerpt and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by ertificate bearing such facsimile signatures or facsimile seal shall be valid and bindingg upon the Company and any Wile. signatures and facsimile seal shall be valid and binding upon the Company in the 'future with respect to any )NY .. WHEREOF; INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be- s'corporate seal to be affixed by its authorized officer, this 291h.day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO NY YEW JERSEY ,sex - Secretar no name the individual who executed the precedinS instrument, to me personal lyy known, and, being; by me duly authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; drat the seal affixed to - �ompany;. that the said Corporate Seat and his "signature were duly affixed: by order of the Board of Directors of MAaQ� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, �P. at the, City of Newark, New Jersey the day and year first above written. C NOTARY i PUBLIC y dEF� A NOTARY PUBLIC OF NEW IERSEY My Commission Expires Nov. 21. 2010 k: V be revoked pursuant to and by authority of Article ;3 Section 3, of the %Laws ado red by the Board of INSURANCE COMPANY at a meeting called and held on the 7th day of February, _1974. - Vice President, Secretary or Assistant Secretary, shall have powerand authority wrize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and 1 other writings obligatory In the nature thereof and, ey -in -fact and revoke the authority given. - id sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting 1982 of which the following is a rmeiexcerpt and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by ertificate bearing such facsimile signatures or facsimile seal shall be valid and bindingg upon the Company and any Wile. signatures and facsimile seal shall be valid and binding upon the Company in the 'future with respect to any )NY .. WHEREOF; INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be- s'corporate seal to be affixed by its authorized officer, this 291h.day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO NY YEW JERSEY ,sex - Secretar no name the individual who executed the precedinS instrument, to me personal lyy known, and, being; by me duly authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; drat the seal affixed to - �ompany;. that the said Corporate Seat and his "signature were duly affixed: by order of the Board of Directors of MAaQ� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, �P. at the, City of Newark, New Jersey the day and year first above written. C NOTARY i PUBLIC y dEF� A NOTARY PUBLIC OF NEW IERSEY My Commission Expires Nov. 21. 2010 0 State of California County of Sacramento ACKNOWLEDGMENT On September 4, 2007 before me, S. Matranga, Notary Public (here insert name and title of the officer) personally appeared Kevin L. Davis personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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.. WITNESS my hand and official seal. Signature —�5 IL& Gc_" •_ S. MATRANGA COMM. #1648824 M V7 Notary Public-California N W SACRAMENTO COUNTY Canm. Fx . fdamh 30.2010 (Seal) State of California County of Sacramento ACKNOWLEDGMENT 0 On September 4, 2007 before me, S. Matranga, Notary Public (here insert name and title of the officer) personally appeared Stanley J. Matranga personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS m hand and official seal. s.MATRANCA y � COMM. #1648824 y jA o ,Notary MENTO U U'n S to SACRAMENTOCWNTV My Co m. EXP. March 30.2010 Signature (Seal) ALL PURPOSE ACKNOWLEDGMENT State of Calif o nia ^ } ss. County of �2 AeVUpYa'� u On 24- ZW before me, ( -4?005 ftcC yl,k-k& a Notary Public, personally appeared IC-0- y 1't^ L. "'bat) r S , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature Seal CARLOS ACEVEDO Comm. # 1499929 p1 AFIN I4 Ul CONOTARY rcoy,.Fib„JI4_ IhXM ♦ 4 ♦ COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED * ♦ * The information set forth below is an effort to protect members of the public, the Notary Public, or other officer from unauthorized use of this form. Please note: the capacity(ics) of the signers are NOT certified by the Notary Public or other officer and have not and will not be verified in any way by the Notary Public or other officer. ATTENTION: TIIE IDENTIFIABLJ.TRIIITT1iS OFTIIE Aa'rACuED DOCUAIENI' ARi: As LISTI'.D BELOW Type or Title of Document: 1/15-1� Via Date of Document: 11%410 '7 Name(s) of Creditable Witncss(es), if any: The Signer(s) claimed the following capacity(ics) Signatory's Name: 16e V 0 N L--P a V 15 ❑ !nPvidual aTorporate Officer: (Position) ❑ Partner: (Limited!) (General) ❑ L.L.C.: (Position) ❑ Trustee ❑ Attorney in Fact ❑ Conservator ❑ Guardian ❑ Other: THUMBPRINT: Identify below only if the print is OTHER THAN ItIGHT thumbprint of the signer: Number of pages (including attached exhibits) Signatory's Name: ❑ Individual ❑ Corporate Officer: (Position) ❑ Partner: (Limited) (General) ❑ L.L.C.: (Position) ❑ Trustee O Attorney in Fact ❑ Conservator ❑ Guardian Cl Other: THUMBPRINT: Identify below only ifthe print is 07711:8 THAN RIG117 thmnhpont of the signer 0 2003 AMERICAN NOTARY INSTITUTE' 711 SOUTH BREA BOULEVARD, BREA, CA 92821 • (714) 671 -2889 LABOR AND MATERIAL BOND Bond No. 0391058 r (1100% of Contract rice) Premium: Included in Perf. Bond KNOW ALL PERSONS BY That CLS Landscape Manal PRESENTS: hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2007 -2008 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, In case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 4th day of September 2007. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal (must o arized) Surety (must benottaariized) (S avis, President (SEAL) §areo J. Matranga, Attorney -in -Fact c ' k?; STANLEY J•. MATRANGA Carmichael, CA. - nwnc:vrrrc NEV of its true and lawful auorney(s) -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 rmmed by law, stature, rule, regguulation. colmact 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, as fully and amply, to'all intents and purposes, as if the same had been duly . executed and acknowledged by its regularly electedofficers at its principal office > - ` This Power of Attorney is executed, and may be revoked, pursuant to and by. authority of Article 3 Secnon 3, of the By Laws adopted by the Board of Directors of.INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any dime, any such anomey -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: .. Now therefore the signatures of such officers and the seal of the Company may be affixed to any such ppoower of attorney or any certificate relating thereto by facsimile, and any such power of anorney or certificate bearing such facsimile signatures or facsimile sealshall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. �\DE��Ty /�IJ.. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be p- signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. O O E INTERNATIONAL FIDELITY INSURANCE CO NY 6 SEAL 'P m 1904 �,- C STATE OF NEW JERSEY County of Essex Secretai On this 29th day of August 2003, before me: came the individual who executed the preceding instrument, to me personal)y known, and, being by me duly ' sworn, said the he is the therein described and authorized officer of the.. ' INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal`of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. - OARQe IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, Q.• �� at the City of Newark, New Jersey the day and year first above written. NCTARY O PUBLIC L` 'JEF�s� A NOTARY PUBLIC OF;NEW JERSEY 'CERTIFICATIONd My Commission Expires Nov. 21, 2010 compared the foregoing copy of the 'Attorney, with the ORIGINALS ON said originals, and that the said, Power 1. 0 0 ACKNOWLEDGMENT State of California County of Sacramento On September 4, 2007 before me, S. Matranga, Notary Public (here insert name and title of the officer) personally appeared Kevin L. Davis personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. S. MATRANGA //��,� COMM. #1648824 N Signature S fit4 UJ Nom SACRAMENTO M Comm. Exp, March 30, P010 (Seal) 0 State of California County of Sacramento ACKNOWLEDGMENT On September 4, 2007 before me, S. Matranga, Notary Public , (here insert name and title of the officer) personally appeared Stanley J. Matranga personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. : connM ul648824 m W P -m Notary PuW#%a1Vomia N �SACRAMENTO COUNTY -' Cgmn. Exp. March 30, 201D Signature (Seal) e ORIGINAL o Ic�3 —a G�41P0$Ny _ i' ... �. :;',' OCTh7 2006 ♦uryt S. IH3 i �m °atty of 4° i (-[Ty AMENDMENT NO. 2 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc. with respect to that certain Contract between the parties dated October 12, 2004, as heretofore amended ( "Contract'). The parties agree as follows: The term of the Contract is extended to and including October 12, 2007. 2. For the period of the Extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed Two Hundred Eighty One Five Hundred Thirty Six Thousand Dollars ($281,536.00), which reflects a cost of living adjustment of 6 %. 3. All of the terms and provisions of the Contract not amend by this Amendment No. 2 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA By: William R. Kelly, City Manager Date ATTEST: L-�&, h 9, q-1 06 City Clerk I Date APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CLS LANDSCAPE MANA MENT, INC. By: Kevin T,_ navic (Print name) President (Title) CONCUR: Pat Malloy Public Works Se ices Director • Wd No. 0391058 FAITHFUL PERFORMANCE BOND Premium: $5,223.00 100% of ontract Price KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance Company A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED EIGHTY ONE THOUSAND FIVE HUNDRED THIRTY SIX DOLLARS AND NO CENTS ($281,536.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2006 -2007 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 2nd day of October 2006. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal (must be-notarized) Surety (must be not) arg By By: �i yam (8f52P Kevin L. Davis, President (SEAL) (nleWJ. Matranga, Af orneey -in -Fact its true and lawful attomey(s) -in -fact in execute, seal and deliver for and on its behalf as surety, an and all bonds and undertakings, contracts of indemnity and other wri tings obligatory , m the nature thereof, which am or may be allowed, required or pentaft by law, stature, rule reggulation, contract or otherwise, and the ezecunon of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FmELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged. by its regularly elected officers at its principal office. This Power of Attomey is executed, and mayy be revoked pursuant to and by authority of Article 3-Section 3, of the %Laws adopted by the Board of Directors of INTERNATIONAL FmELTI'Y INSURANCk COMPANY at a meeting called and held on the 7th day of February; 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (t) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company therein, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1952 of which the following is a true excerpt Now therefore the signatures of such officers and the seal of the Company may be affixed in any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindin g a on the Company and any such power so executed and "trifled by famin ile signatures and facsimile seal shall be valid and binding upon the Company in the um with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO STATE O NEW JERSEY f County Essex — y //J /�j✓ Secrets On this 29th day of August 2003, before me came the individual who executed the receding instrument to me personal)yy known and, being by me duly sworn, said the he is the themin described and authorized officer of the INTERNATIONAL FIDELITY �ISIJRANCE COMPANf;. that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. � PUBLIC L .k -k ��1'JEHS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 L the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, 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 )L% day of QL ,a C�J- _ ;! Assistant Secretary " 0 0 ACKNOWLEDGMENT State of California County of Sacramento On October 2, 2006 before me, S. Matranga, Notary Public (here insert name and title of the officer) personally appeared Kevin L. Davis personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature S. MA T RANGA COMM. #1648824 m N , Nmary PUh1ic,Caftmia N W SACRAMENTO COUNTY •� '. My Comm. Exp. March 30, 2010 (Seal) 0 State of California County of Sacramento ACKNOWLEDGMENT On October 2, 2006 before me, S. Matranga, Notary Public E (here insert name and title of the officer) personally appeared Stanley I Matranga personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature -5_ __-S.MATRANGA COMM. #1648824 rn W % p Notary PublioC®IBornia N i SACRAMENTO COUNTY My Camp. Exp. Marsh 00 2090 (Seal) SOR AND MATERIAL 8 N • Bond No. 0391058 (100% of Contract Price) Premium: Included in Perf. Bond KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWO HUNDRED EIGHTY ONE THOUSAND FIVE HUNDRED THIRTY SIX DOLLARS AND NO CENTS ($281,536.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2006 -2007 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 2nd day of October , 2006. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal (must be rrZ60 Surety (must be notarized) (SE / i . avis, President B Y (SEAL) nlejr'J. Matranga, At orney -in -Fact Tel (973) 624 -7200 PCOER OF ATTORNEY ? INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR _ NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS .That WIERNATIONAL FIDELITY INSURANCE COMPANY, ',a corporation organized and existing -claws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ....... ......... ... ...... ... ......... ......... .,. STANLEY J. MATRANGA Carmichael, CA. .................. ............ ...... ......................... ........ .... ....... .................. .... .................. ........ its true and lawful atmrm;y(s))-nn -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 m the nature thereof, which are or may be allowed, required or erwtted by law, stature rule re��utlIatlon, contract or. otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as b ng upon the -said INTtRNifr4%NAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Alumni is executed, and may be revoked, pursuant m and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNAIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further this Power of Attorney is signed and sealed fi facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly caller) and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating therein by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company in the furore with respect to any bond or undertaking to which it is attached. ,►1 I /A/Jr IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be (/ter signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. SEAL WTERNATIONAL FIDELITY INSURANCE CONWANY is f, STATE NEW JERSEY of County of Essex f Se?,rz On this 29th day of August 2003, before me came the individual who executed the ppreceding mstmmenI, m me personal)y known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELTTP INSURANCE COMPANY; that the seal affixed in said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board. of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official. Seal, at the City of Newark, New Jersey the day and year first above written. NOTARY L Q _ \ \\ _ '� PUBLIC\ y�!'JEH5c� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company.. as set forth in said Power. of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of die whole of the said,originals, and that the said Power of Attorney has not been revoked and is now in full force and effect L IN TESTIMONY WHEREOF, I have hereunto set my hand this 0_1It1 ,, day of Assistant Secretary ' 9 0 ACKNOWLEDGMENT State of California County of Sacramento On October 2, 2006 before me, S. Matranga, Notary Public (here insert name and title of the officer) personally appeared Kevin L. Davis personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. Signature S. MSATRANGA COMM, #41648824 m y Plotary Public-Cal'rfcmia T W SA..RAMENTOCWNTY My Camm. Ew March 30, 2P10 (Seal) ACKNOWLEDGMENT State of California County of Sacramento On October 2, 2006 before me, S. Matranga, Notary Public (here insert name and title of the officer) personally appeared Stanley J. Matranga personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. S. MATRANGA Qlzy COMM. #1648624 m bi Notary PuaColfomla Signature J - w WRkMENTCCWNTY Comm. Exp. March 30, 2010+ (Seal) CEirFICATION OF CONTRACTOR • N ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. CLS Landscape Management, Inc. Contractor By: Title: Kevin L. Davis, President �,�.iPOF.ytf ORIGINAL (OD — ' a AMENDMENT NO. 1 TO TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 1 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc. with respect to that certain, Agreement between the parties dated October 12, 2004 ( "Agreement'). The parties agree as follows: The term of the Agreement is extended to and including October 12, 2006. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA� By: y William R. Kelly, City Manager Kq-60! (SEAL) 1 City Clerk Date APrEIROVED AS TO FORM: - P StepheA P. Deitsch, City Attorney CLS LANDSCAPE MANAGEMENT, INC. By: (Print name) President (Title) C P 77 � �- at Malloy Public Works Servic Director Bond No. 0391058 FAITHFUL PERFORM NCE BOND Premium:. $4,984.00 0 on rac Price KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" In the sum of TWO HUNDRED SIXTY FIVE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($265,600.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2005 -2006 TREE MAINTENANCE PROGRAM which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise It shall be and remain In full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be fumished, which may be made pursuant to the terms of said Contract, shall not In any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pa all costs incurred by the City in such suit, including a reasonable' attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 22nd day of September , 2005. CLS Landscape Management, Inc. Intemational Fidelity Insurance Company Principal must e z Surety must a no By; By: cti, fS t�A - nl J. Matranga, A omeytf in -Fact CALIFORNIA ALL- PURPOM ACKNOWLEDGEMENT State of California County of Sacramento On September 22, 2005 before me, personally appeared Kevin L. Davis ® personally known to me -OR- ❑ proved to ri . .'H 3NARON L. MAT RANGA COMM. #1345293 n t Notary Public- California in W SACRAMENTO COUNTY M_v y Comm. Exp. March 30,2006f Public Notary Public ") 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. WITNESS my hand and official seal. -------------------------------------- OPTIONAL---------- ------------------------------- Though the information below is not required bylaw, 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 Document Title or Type of Document: Performance Bond for CLS Landscape Management, Inc. Document Date: September 22, 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Stanley J. Matranga Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin L. Davis Signer's Name: ❑ Individual ® Corporate Officer ❑ Titles(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CLS Landscape Management, Inc. BD -1133 09100 ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer Is Representing: General CALIFORNIA ALL- PURPOM ACKNOWLEDGEMENT State of California County of Sacramento On September 22, 2005 before me, Sharon L. Matranga, Notary Public Name and Title of officer (e.g., "Jane Doe, Notary Public) personally appeared Stanley J. Matranga Name(s) of Signer(s) E personally known to me -OR- ❑ proved to WAHARON L. MATRANGA COMM. #1345293 m Notary Puhitc- California N SACRAMENTO COUNTY Comm. Exp. March 30, 2006 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. WITNESS my hand and official seal. ------------- -- --- -- ----- ---- -- — 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 Document Title or Type of Document: Performance Bond for CLS Landscape Management, Inc. Document Date: September 22, 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Kevin L. Davis Capacity(ies) Claimed by Signers) Signer's Name: Stanley J. Matranga Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): _ ❑ Partner - ❑ Limited ❑ General E Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: International Fidelity Insurance Company BD -1133 09100 ❑ Individual ❑ Corporate Officer ❑ Title(s): _ ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General • Bond No. 0391058 Premium: Included In Performance Bond LABOR AND M TERIAL BOND �t o ontract lice) KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelity Insurance Company State* of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA. CALIFORNIA, hereinafter referred to as the "City in the sum of TWO HUNDRED SIXTY FIVE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($265,600.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we. bind. ourselves, our heirs, . executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2005 -2006 TREE MAINTENANCE PROGRAM which Contract Is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, If said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental . of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or. labor thereon, said Sure will pay for the same In an amount not exceeding the sum specified above, and also, n case suit.Is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond. shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract Is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 22nd day of September 2005. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal (must_ a no u must no n B . BY. ( Ke avis, President stjoe yi ..Matranga, Attome n -Fact No CALIFORNIA ALL -PU State of Cal County of Sacramento ACKNOWLEDGEMENT On September 22, 2005 before me, Sharon L. Matranga, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Kevin L. Davis ® personally known to me -OR ❑ proved to +SHARON L. MATRANGA - COMM. m " Notary P N ublic- California W W F.).i.i SACRAMENTO COUNTY My Comm Exp. March 30, 2006 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. WITNESS my hand and official seal. ------------------------------------- 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 Document Title or Type of Document: Payment Bond for CLS Landscape Management, Inc. Document Date: September 22, 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Stanley J. Matranga Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin L. Davis ❑ Individual ® Corporate Officer ❑ Titles(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CLS Landscape Management. Inc. BD -1133 09100 Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): _ ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General CALIFORNIA ALL- PURPOM ACKNOWLEDGEMENT State of California County of Sacramento On September 22, 2005 before me, Sharon L. Matranga, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Stanley J. Matranga Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to 044A HARON L. MATRANGA COMM. #1345293 m Notary Public -California N SACRAMENTO COUNTY y Comm. Exp. March 30, 2006 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. WITNESS my hand and official seal. ----------- ---- --- --- ----- -- --- ---- 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 Document Title or Type of Document: Payment Bond for CLS Landscape Management, Inc. Document Date: September 22, 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Kevin L. Davis Capacity(ies) Claimed by Signer(s) Signer's Name: Stanley J. Matranga Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: International Fidelity Insurance Company BD -1133 09/00 ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General 0 0 S G ED OR O ENDQRS 9 N E POLICY a sim l it be accentable to City, s e t Ig its a ,provalf Golden Eagle Insurance Corporation Name of Insurance Company CBP9549342 Policy Number 09 -27 -05 Effective Date The following endorsements are hereby incorporated by reference ont:- the attached Certificate of Insurance as though fully set forth thereon: I , The naming of an additional Insured as herein provided shall not affect any recovery to which additional insured would be entitled under ttii policy I not named as such additional insured; and 2. The additional insured named herein shall not be held liable for rry premium or expense of any nature on this policy or any extensions thereof; an. I 3. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured thirty (30) days written r iAice. 4. Any other insurance held by the additional insured shall not t+e required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate. It is agreed that the City of Arcadia and its officers. officials. employees prid 119en are Authorized Insurance Agent ORTIFICATION OF CONTRACTOO IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. CLS Landsca a Mana a Inc. Contractor Title: Kevin L. Davis, President THIS AGREEMENT is entered into this lath day of blbh6e V/ 1 2004, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007 (hereinafter referred to as 'CITY) and CLS Landscape Management, Inc. whose address is 4711 Schaefer Ave., Chino, CA 91710 (hereinafter referred to as 'CONTRACTOR'). RECITALS A. City has negotiated costs relative to annual tree trimming, removal and planting of City owned trees. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: 1. The Contract Documents consist of the Accepted Bid, this Agreement, General and Special Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion Affidavits and the Specifications. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide' annual tree maintenance as described above and as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing tools, and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation in the amounts specified in the bid proposal. 4. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts' fees in addition to all other costs and necessary disbursement. Agreement Page 2 5. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within five (5) calendar days after said notice is given. 6. Standard of Performance /Determination of Compliance: It is acknowledged and agreed that the maintenance to be performed pursuant to this agreement is crucial to the well being and aesthetics of the City, and that it involves the proper care and maintenance of City -owned trees. This Agreement will be administered consistent with this statement and failure to abide by the concerns of the City as expressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a clean, well kept state at all times. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF ARCADIA ---OU V20)a City Manager Date (SEAL) A "at�e City APPROVED AS TO FORM: & P. 1� City Attorney Date CONTRACTOR: CLS Landscape Management, Inc. By: Title: S License No. �5�afr:,)