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Home My WebLink AboutC-232360 - WO/C Z, 7� AMENDMENT NO. 6 TO LANDSCAPE MAINTENANCE CONTRACT BY maalty of a °�`o AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT INC. This Amendment No. 6 ( "Amendment No. 6 ") is hereby entered into this day of 20_L3 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 December 4, 2007, as heretofore amended ( "Contract "), as amended by Amendment No. 1 dated February 18, 2009, and further amended by Amendment No. 2 dated February 20, 2009, and as further amended by Amendment No. 3 dated February 22, 2009, and as further amended by Amendment No. 4 dated February 2010, and as further amended by Amendment No. 5 dated January 24, 2012. The parties agree as follows: The Special Provisions are hereby amended by adding an Attachment "J" attached to this Amendment No. 6. 2. The monthly maintenance fees are hereby amended by adding the monthly fee for Kaitlyn Place in the amount of $142.80 per month. 3. All of the terms and provisions of the Contract not amended by this Amendment No. 6 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA By: - -- Dominic Lazzare City Manager Dated: coy-pC-3to— (SEAL) APPROVE AS TO FORM: S p n P. Deits h City Attorney CLS LANDSCAPE MANAGEMENT INC. Dated: 13 By: I'LL - %, r-,t V I � T Dated. 1 CONC R: ' R �y Tom Tait Public Works Services Director - rk r - APPROVE AS TO FORM: S p n P. Deits h City Attorney CLS LANDSCAPE MANAGEMENT INC. Dated: 13 By: I'LL - %, r-,t V I � T Dated. 1 CONC R: ' R �y Tom Tait Public Works Services Director e Kaitlyn Place Kaitlyn Place shall be included as part of the Landscape Maintenance Contract to the extent as shown on Category II — Medians & Parkways. It is the responsibility of the landscape maintenance contractor to remove trash, debris, and weeds in the area located along the south side of Kaitlyn Place near the block wall. ATTACHMENT J Bond No. 0561536 Annual Premium: Included in Perf. 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 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 FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY -ONE DOLLARS AND NO CENTS, ($460,261.00), 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: LANDSCAPE MAINTENANCE CONTRACT (For Period Beginning December 4th, 2013 to December 4th, 2014) 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 12th day of December , 2013 CLS Landscape Managernerltlf1c. International Fidelity Insurance Company Principal Surety By: - By: (SEAL) ' (SEAL), Kevin L avis, Pres nt Stanley J. Matranga, Attorney -In -Fact ACKNOWLEDGMENT State of California County of ' (; h N y1 a '� ) On J�v�c'`"r 2d� ZOI �j before me, at �o P V� / �✓f,7z' P��j�J� V�► (insert name and title of the officer) personally appeared °'" u Ll L 'DC t" 1, 5 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. Signature (Seal) CARLOS ACEVEDO Commission # 1981797 Z a Riverside Notary Public - California D Z County My Comm. Expires Jul 11, 2016 's State of California County of Sacramento On December 12, 2013 ACKNOWLEDGMENT before me, Sharon Matranga, Notary Public (insert name and title of the officer) personally appeared Stanley J. Matranga who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I — SHARON MATRANGA _ Commission # 1884737 a - Notary Public - California z z Sacramento Countv (Seal) My Comm. Expires Mar 30, 2014 Tel ,973j624 -7200 POWER OF ,ATTORNEY -..:�� ;` J INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint STANLEY J. MATRANGA Carmichael. CA. their true and lawful 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 or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of august, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acce lance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such 0 e of the Corporation and the Corporation's seal may be affixed by facsimile to any power of att orney or certification geven for the executon of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such offcer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex 4 1936 ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) h7�5� YLYP' and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. r•� ,tNY VA= '''.a TA t't�`r, 0q A0$0 G' c�,` A NOTARY PUBLIC OF NEW JERSEY a..NE`- � �! ` My Commission Expires Mar. 27, 2014 lNI CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of P. , e,, ?r,`, S� ii�rlara� 53.h �y . r 7 ra. �i'� �?� �- ,: MARIA BRANCO Assistant Secretary %t € Bond No. 0561536 FAITHFUL PERFORMANCE BOND Annual Premium: $7,904.00 100% 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 H 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 FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY -ONE DOLLARS AND NO CENTS, ($460,251.00), 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: LANDSCAPE MAINTENANCE CONTRACT (For Period Beginning December 4th, 2013 to December 4th, 2014) 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 12th day of December , 20 13 . CLS Landscape Ma ment In International Fidelity Insurance Company Principal Surety (By: By.��C'1„�� Kevi President (SEAL Stanley J. Matranga, Attorney -In -Fact . ACKNOWLEDGMENT State of California County of 3511 'U 6 ) on Y' 2-01 Z@ I3 before me, �1�'05 �1i v�JIJ' (insert name and title of the office personally appeared -C,V 1--bCU 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. CARLOS ACEVEDO WITNESS my hand and official seal. a �.r Notary iPabi c# Cali orn a Z Z 't Riverside County D My Comm. Expires Jul 11, 2016 Signature (Seal) ACKNOWLEDGMENT State of California County of Sacramento On December 12, 2013 before me, Sharon Matranga, Notary Public (insert name and title of the officer) personally appeared Stanley J. Matranga who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHARON MATRANGA Commission # 1884737 Notary Public - Cali ornia z z Sacramento County �—� My Comm. Expires Mar 30, 20 Signature > (Seal) Tel (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint STANLEY J. MATRANGA Carmichael, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such inst urnent(s in ursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification geven for the execution of any bond, undertaking, recognizance, contact of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. Q TI' S STATE OF NEW JERSEY G�LlRtrf i County of Essex Ca SEAL'" � � 1 3fi Y � 1904 0 ROBERT W. MINSTER (interna l tio al Fidelity d i O Insu anceCompangyOffcer aFhrrSYLYF��I and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. �tHY VA„Z GI A NOTARY PUBLIC OF NEW JERSEY CFN,�Q`�: My Commission Expires Mar. 27, 2014 EIN CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, 1 have hereunto set my hand this day of Ir)LGtr�h met•/ �c- G,�'-- tii s a MARIA BRANCO, Assistant Secretary 7 AMENDMENT NO. 5 TO LANDSCAPE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT INC. This Amendment No. 5 ( "Amendment No. 5 ") is hereby entered into this day of 20 by and between the City of Arcadia, a municipal corporation of the State of Cali ornia, and CLS Landscape Management, Inc., with respect to that certain Contract between the parties dated December 4, 2007, as heretofore amended ( "Contract "), as amended by Amendment No. 1 dated February 18, 2009, and further amended by Amendment No. 2 dated February 20, 2009, and as further amended by Amendment No. 3 dated February 22, 2009, and as further amended by Amendment No. 4 dated February 2010. The parties agree as follows: Pursuant to Section 1 of the Contract, the Term is extended to and including December 4, 2014. 2. Pursuant to Section 3 of the Contract, the total compensation is hereby amended to read as follows: the total compensation shall not exceed FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY -ONE DOLLARS AND NO CENTS ($460,251). 3. The Special Provisions section shall be amended to which all activities described in Attachment I (attached) under this section shall now be performed and executed by CLS Landscape Management Inc. for the removal of debris and weeds for the 210 freeway on /off ramps located at Baldwin Avenue, Santa Anita Avenue, and Michillinda Avenue. 4. All of the terms and provisions of the Contract not amended by this Amendment No. 5 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA By: �t- n.r, --a._- Donald Penman City Manager Dated: z- APPROVE AS TO FORM: P. 4 Stephen P. Deitsch City Attorney CLS LANDSCA_2EJ&__f AGEMENT INC. By: C Davis President Dated: /1--5 111-3— CON UR: Z�_j Torff Tait Public Works Services Director 210 Freeway Ramps The 210 Freeway On /Off Ramps shall be included as part of the Landscape Maintenance Contract to the extent as shown on Category VI Location and Detail Maps. It is the responsibility of the landscape maintenance contractor to remove weeds, trash, signs, debris, etc., report graffiti and damaged signs on the freeway on and off ramps in the landscape portion of the freeway ramps. Irrigation, shrubs and trees is the responsibility of the California Transportation Department (Caltrans). ATTACHMENT I Q { f _z J m FOOTHILL BLVD � 4 i t z r f TO BE 1 ? Q p�- MAINTAINED o J > d z 3 Q � 1 RTE 210 FOOTHILL FWY All �1 COLORADO BLVD iDR Q i f 4 1 Q Z FOREST AV Q f Q z Q E TO BE MAINTAINED NEW MAN AV > FOOTH I LL ST U Q z Q W ry i W 0 W D 0 ' j - Y U j Q U - F TO BE FOOTHILL FY MAINTAINED Bond No. 0561536 Annual Premium: $7,904.000 FAITHFUL PERFORMANCE BOND 100% of ontract Price KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelitv Insurance Company A corporation auiy organiZea and aoing business unaer ana py virtue OT the laws or 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 FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY -ONE DOLLARS AND NO CENTS, ($460,251), 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 wifh the City to perform all work required pursuant to the contract documents for the project entitled: LANDSCAPE MAINTENANCE CONTRACT FOR PERIOD BEGINNING DECEMBER 7, 2011 TO DECEMBER 7, 2012 (1 YEAR) 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 5th day of January , 20 12 CLS Landscape Management, Inc. International Fidelity Insurance Company Principal Surety ( AL) SEAL) vin L. ,resident PEAL J. ran , Attorney -in -Fact CALIFORNIA • ACKNOWLEDGMENT _T4 .�>,�:�.• > . �5�4;: �g, �g, 3�> �.., �. �CS�.,�S,�i,�:�.,�>,��.'s�<�>,T As�<;'w�4�.s�0,r- c�.4,: a.,: �.,�.,,: �.,�.,�.,5� <,TS,a�>�.•,�.,.•�> S State of California„ County of`� OP On !!jfZOl't before me, C P, Date Here Insert Name and Title of the officer' personally appeared 1� Vto L_ CARLOS ACEVEDO Commission # 1805406 Z : `•► Notary Public - California zZ Z Y' Riverside County My Comm. Expires 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) 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 n n 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 NaI ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800 -876 -6827 State of California County of Sacramento On January 5, 2012 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(e} whose name(e) is /afe subscribed to the within instrument and acknowledged to me that he /sheithey executed the same in his /he#4heiF authorized capacity(ies), and that by his/heOthe4 signature(s -) on the instrument the person(&), or the entity upon behalf of which the person(e) 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. -�°� s"T�, SHARON MATRA ?dGF, Commission -A 1884737 Notary Public - California z +' Sacramento County M1 Comm E<,?ires k1ar 30, 2014 Signature _ S :/11� -L�� (Seal)a; l + , el(973)624 -7200 INTERNAI DYER; O V ff URANCE COMP. 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 m the nature thereof, which are or may be allowed, required or ermttted 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 IN'T'ERNATIONAL 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 Attorneyy 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 - bindingg 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. OF 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 Bond No. 0561536 Premium: Included in Performance Bond LABOR AND MATERIAL BOND (1100% of Contract rice KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and International Fidelitv 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 FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY -ONE DOLLARS AND NO CENTS, ($460,251), 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: LANDSCAPE MAINTENANCE CONTRACT FOR PERIOD BEGINNING DECEMBER 7, 2011 TO DECEMBER 7, 2012 (1 YEAR) 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 fumished, 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 5th day of January , 2012 . CLS Landscape Management, Inc. International Fidelity Insurance Company Principal Surety B - By: ./. MV is, President Stanley at nga, Attorney -in -Fact CALIFORNIA • ACKNOWLEDGMENT State of California County of C L" 1'J � V vim' Y cA ' t. L) - On �Li U u Y✓ t - before me, Q` ✓ O -) A Date t � Here Insert Name and Title of the Offi r personally appeared K=.p V 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 CARLOS ACEVEDO which the person(s) acted, executed the instrument. Commission # 1805406 °-m Notary Public - California z. I certify under PENALTY OF PERJURY under the laws Z Riverside County of the State of California that the foregoing paragraph is My Comm. Expires Jul 11, 2012 true and correct. WITNESS myhajr4and official seal. Signature"` Place Notary Seal Above 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: Number of Pages: 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: 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 •• of • here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800- 876 -6827 ACKNOWLEDGMENT State of California County of Sacramento ) On January 5, 2012 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(&) whose name(s) is /afe subscribed to the within instrument and acknowledged to me that he /she/4hey executed the same in his /heAheiF authorized capacity(es), and that by his /herheif 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. ; SHARGNaMAIRANGA Y i� Commission # 1da4737 a Notary Pubho - California z Sacramento County Signature_ (Seal) �Y C " " "' expires near 30.204 �e- �sFb..mws�a��•,ti,,� j Tel (973)V4-7200:, INTERNATIO EWER OF iAL FIDE] TORNEY HOME OFFICE; ONE NEWARK CENTER, 20TH :FLOOR NEWARK, NEW JERSEY, 07102 -5207 E COMPANY `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 7. 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 to the nature thereof, which are or may be allowed, ,required or permitted by law, stature, rule, regulation, contract or otherwise, and i the execution of such nstrument(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. Tr iNfG �►P0Ro SEAL �� m r y 1904 o \�d•�`�`JE��3` \H /�h 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 < __: � _� -4. � ; �_72 Secretary C -2 323- AMENDMENT NO.4 TO LANDSCAPE MAINTENANCE 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 Agreement between the parties dated December 4, 2007 ( "Agreement "). The parties agree as follows: The term of the Contract is extended to and including December 4, 2011. 2. For the period of the Extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY DOLLARS AND SEVENTY - TWO CENTS ($460,250.72). 3. Monthly maintenance fees shall be amended to eliminate the monthly fee for Winnie Way Mini Park in the amount of $339.98 per month. 4. Monthly maintenance fees shall be amended to adjust the monthly fee for the Civic Center Athletic Field from the previous fee of $849.96 per month to the new fee of $725.00 per month for maintenance of the City's new Civic Center Athletic Field synthetic turf. 5. All of the terms and provisions of the Contract not amended by this Amendment No. 4 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA By: onald enman City Manager (SEAL) CLS LANDSCAPE MAN T INC. By: Kevin L--Pe ft-- kTTEST . 'Al No m Cle k r APPROVE AS TO FORM: c CONCUR: V*46a Y. �&� Stephen P. Deitsch City Attorney 2 Gt talc, Tom Tait Public Works Services Director F IT FUL PE FO M NCE RO,,, iND Bond No, 0457180 100% of o ract Price Premium: $7904.00 KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management, Inc. 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 FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY DOLLARS AND SEVENTY -TWO CENTS ($460,250.72), 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: LANDSCAPE MAINTENANCE CONTRACT Amendment No. 4, Term: Extended to and including December 4, 2011 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 seats This 141h - - day of January 2b 11 CLS Landscape Mana e Principal By; (SEAL) Ke av s, President � BIC -1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of SG t^ v V 04 "11%^ V I OnJC4 HIr- 'l ZI (10 11 before me, (�a Y'�OS �� lVO pv�br_ Date Here Insert Name and Title of the Oft er personally appeared C� V t' In L'DG V 11�, r; A-"AWilOt p�COmMisslon Io 18054 -" Notary Public - California Z Riverside County M Comm. Ex Tres Jul 11, 2012 Name(s) of Signer(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 Signature my nd official seal. Place Notary Seal Above 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 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of 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\ iii\✓ i\` �i\ ��i\ �i\ ��.\` ��i�'✓ i\ J��` �i\✓ �.\ �i\` �_': �\ ��i`: �\ �i\`% �•\` l��` ��.\` �i\` �-. �. �•\` ��. ��i\'% i`✓ ��. �✓, n`✓ �.\` �i\✓ i\ ��. �. �i\:/ i\ �i\' ��\ ��\ ��• \`��i \�: \�i \�: \�: \ ✓: \�Y�. \��i�" LABOR AND MAJERIAL BOND (100% of Contract rice Bond ivo. 0457180 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 Fidelitv Insurance A corporation dull organized and Going 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 FOUR HUNDRED SIXTY THOUSAND, TWO HUNDRED FIFTY DOLLARS AND SEVENTY -TWO CENTS ($460,250.72), 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: LANDSCAPE MAINTENANCE CONTRACT Amendment No. 4, Term: Extended to and including December 4, 2011 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 14th day of January , 20 11 CLS Landscape Mang nt, Inc. International Fidelity Insurance P� nn c.�.�ipai u�.r By: By. {SE . Davis, Presi t t orr BIC -2 CALIFORNIA • ACKNOWLEDGMENT �S�S C! �] S% 5. �.-- �.' S�,- � :S:c�S�S,�.•- .'�.•,�.-- �.'S!cjC ss` 5�.-- �.' S�.-- �.' S. �c� .'S..��>,!�:S�S;.�S;:�S�S�.-'�S S,y�S!�5.�.•- �.'SS�S S: �S�S�S�S,r��,•�S,�S�..- ?'S..a�< 'avc,� ,� � 4.� State of California County of Y1��1�tt� o On D v wi '> _ pig before me, ��'I Its I� Vd Date Here Insert Name and Title of the Nicer personally appeared — V (' U GV /� Name(s) of Signer(s) CARLOS O # 180 Commission 1805406 .o Notary Public - California Riverside County MY Comm. Ex Tres 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) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 11 .•S 1 �- • "If ► •V 'I� X11 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa On January 14, 2011 before me, Susanna K P Truong, Notary Public Date ere Insert ame and Title of the Officer personally appeared Stanley Eng Narne(s) of Signer(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. LIPSUSANNA K PTRUONG Comm.# 1782530 1 certify under PENALTY OF PERJURY under the laws of NOTARY PUBLIC - CALIFORNIA N COUNTY OF CONTRA COSTA g 9 P 9 P the State of California that the fore oin ara ra h is true My Comm, EzP. DEC. 9, 2011 and correct. Witness my hand and official seal. Signature 1,7 c, Place Notary Seal Above 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 ❑ Guardian or Conservator "thumb ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ;.`�:'�t;'�4,`i�✓ _ �Ci�: �v'^ �v` �_` is�` �J�'`_ t:` �_ C°" �c�k. �i`' �: �` ��_ �".` �`. �i�` �i` ��t,` �L: �v�. �,^ �` ��' �C. � >�i:`�i��j <�_�'�_'�4,`�'��,�;(� 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 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 ENG STEPHANIE'THOMPSON, ROBERT 0. BRADEN, SUSANNA K.P. TRUONG, DOROTHY O'CONNOR, COLLEEN P. O'HARA Walnut Creek, 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 to the nature thereof, which are or may be 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 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 //00- FW, C d� -3-3 AMENDMENT NO. 3 TO LANDSCAPE MAINTENANCE 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 Agreement between the parties dated December 4, 2007 ( "Agreement "). The parties agree as follows: 1. The term of the Contract is extended to and including December 4, 2010. 2. For the period of the Extension of the Contract, the total consumption payable by the City to the Contractor shall not .exceed FOUR HUNDRED SIXTY -FIVE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND NO CENTS ($465,830.00). 3. All of the terms and provisions of the Contract not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the parties have executed this Amend ml o. 3 on the date set forth below. l / CITY OF ARCADIA By: Donald Penman City Manager Dated: j.2-12 i( ci CLS LANDSC E AG ENT, INC. By: /XZ (�,x Kevin L. Davis (Print name) President (Title) (SEPAL) 1 -�\ � 6� A \�� Dated: City le at CONC Pat Malloy, Assistant ity M Public Works Services Director FAITHFUL PERFORMANCE BOND 100% of Contract Price Bond No. 0457180 •KNOW ALL PERSONS BY THESE PRESENTS: Premium: $7,987.00 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 FOUR HUNDRED SIXTY -FIVE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND NO CENTS ($465,830.00), 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: LANDSCAPE MAINTENANCE CONTRACT Amendment No. 3, Term: Extended to and including December 4, 2010 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 10th day of Dece ber 2009. CLS Landscape Manag nt, Inc. International Fidelity Insurance Company Principal s Sure y By:__ e v rest en 13y. ( (SEA an y E ttorney -in -Fact BIC -1 State of California J� County of Cl I'f I ) G' On �Z �� before me, C� ��ds��J /G% ►� �� C Date �- Here Insert Name and Title of Vie Off "r personally appeared V 1, L, L G V I S ^ CARLOS ACEVEDO Commission # 1805406 s Notary Public - California = r Riverside County My Comm. Expires 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) 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 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: O individual • .Corporate Officer - Title(s); — ❑ Partner - ❑ Limited El General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIG HT THUMB PRINT OF SIGNER lop of thumb here Number of Pages: Signer's Name: ❑ Individual Q Corporate Officer— Title(s): - - - ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ' Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ✓:\::\00-0\- ��. i:\::\✓:\'! i. "i:: 0�/:\ ��. ��:\'!:\'!: �✓ i.\✓: �!:\ J. : \'_!:� %: \;:�!�. \ %: \'_!: \ %: \•• 1, r. \t /: \ ✓: \�: \�: \�:��: \�: \ ✓:: -_!:t :` /:\✓�: \`�1:�: \"�:� ✓:\✓ //00- FW, C d� -3-3 AMENDMENT NO. 3 TO LANDSCAPE MAINTENANCE 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 Agreement between the parties dated December 4, 2007 ( "Agreement "). The parties agree as follows: 1. The term of the Contract is extended to and including December 4, 2010. 2. For the period of the Extension of the Contract, the total consumption payable by the City to the Contractor shall not .exceed FOUR HUNDRED SIXTY -FIVE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND NO CENTS ($465,830.00). 3. All of the terms and provisions of the Contract not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the parties have executed this Amend ml o. 3 on the date set forth below. l / CITY OF ARCADIA By: Donald Penman City Manager Dated: j.2-12 i( ci CLS LANDSC E AG ENT, INC. By: /XZ (�,x Kevin L. Davis (Print name) President (Title) (SEPAL) 1 -�\ � 6� A \�� Dated: City le at CONC Pat Malloy, Assistant ity M Public Works Services Director FAITHFUL PERFORMANCE BOND 100% of Contract Price Bond No. 0457180 •KNOW ALL PERSONS BY THESE PRESENTS: Premium: $7,987.00 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 FOUR HUNDRED SIXTY -FIVE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND NO CENTS ($465,830.00), 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: LANDSCAPE MAINTENANCE CONTRACT Amendment No. 3, Term: Extended to and including December 4, 2010 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 10th day of Dece ber 2009. CLS Landscape Manag nt, Inc. International Fidelity Insurance Company Principal s Sure y By:__ e v rest en 13y. ( (SEA an y E ttorney -in -Fact BIC -1 State of California J� County of Cl I'f I ) G' On �Z �� before me, C� ��ds��J /G% ►� �� C Date �- Here Insert Name and Title of Vie Off "r personally appeared V 1, L, L G V I S ^ CARLOS ACEVEDO Commission # 1805406 s Notary Public - California = r Riverside County My Comm. Expires 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) 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 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: O individual • .Corporate Officer - Title(s); — ❑ Partner - ❑ Limited El General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIG HT THUMB PRINT OF SIGNER lop of thumb here Number of Pages: Signer's Name: ❑ Individual Q Corporate Officer— Title(s): - - - ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ' Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ✓:\::\00-0\- ��. i:\::\✓:\'! i. "i:: 0�/:\ ��. ��:\'!:\'!: �✓ i.\✓: �!:\ J. : \'_!:� %: \;:�!�. \ %: \'_!: \ %: \•• 1, r. \t /: \ ✓: \�: \�: \�:��: \�: \ ✓:: -_!:t :` /:\✓�: \`�1:�: \"�:� ✓:\✓ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa } On December 10, 2009 before me, S. Thompson Date Here Insert Name and Title of the Officer personally appeared Stanley Eng Name(s) of Signer(s) QZJ=0S. THOMPSON COMM. # 1821695 �,, NOTARY PUBLIC - CALIFORNIA D OMM. EXPIRES SNOV. 6 COUNTY 012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signatur Signature No ary lie 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 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titles) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa } On December 10, 2009 before me, S. Thompson Date Here Insert Name and Title of the Officer personally appeared Stanley Eng Name(s) of Signer(s) QZJ=0S. THOMPSON COMM. # 1821695 �,, NOTARY PUBLIC - CALIFORNIA D OMM. EXPIRES SNOV. 6 COUNTY 012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signatur Signature No ary lie 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 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titles) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 Tel (973) 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 _._ . HORACE A. NABERS, STANLEY ENG, DOROTHY O'CONNOR, COLLEEN P. O'HARA, STEPHANIE THOMPSON, SUSANNA K.P. TRUONG, ROBERT O. BRADEN Walnut Creek, 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 and other writings obligatory . in the nature thereof, which are or may be allowed, required or ertnttted 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 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. p0 VOA �!� INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL r" y j 904 STATE NEW JERSEY ' County of f Essex /'ilG._ 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. U*0AF1Q0 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. 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' IN TESTIMONY WHEREOF, I have hereunto set my hand this 10th LABOR AND MATERIAL BOND (100% of Contract Price) Bond No. 0457180 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 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 FOUR HUNDRED SIXTY -FIVE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND NO CENTS ($465,830.00), 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: LANDSCAPE MAINTENANCE CONTRACT Amendment No. 3, Term: Extended to and including December 4, 2010 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 10th day of I December , 2009. CLS Landscape Man.agemeAlnq. International Fidelity Insurance Company Principal Surety By: By: SEAL ( ) e avi n (SEAL) Stah e BI C -2 CALIFORNIA • ACKNOWLEDGMENT State of California County of ,;, � Ll ' Y V t'` L) On f Z ( I ( Z0 C3! before me, �� L� �w lam') L I Dale Mere Insert Name and Title of the ON' l personally appeared I �'� 1� Name(s) of Signer(s) CARLOS ACEVEDO Commission # 1805406 Z 0 Riverside Notary Public - California County My Comm. Expires 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) 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 offi�ciapl 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 • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT . OF SIGNER Number of Pages: Signer's Name: ❑ Individual -0 Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa } On December 10. 2009 before me, S. Thompson Date Here Insert Name and Title of the Officer personally appeared Stanley Eng Name(s) of Signer(s) 0 S. THOMPSON 3 COMM. # 182169S '• c NOTARY PUBLIC - CALIFORNIA 0 CONTRA COSTA COUNTY 0 I N` COMM. EXPIRES NOV. 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. Signature Place Notary Seal Above Signatu = tic 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(les) 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: 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: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NallonaiNotary.org Item 05907 ReoMer. Call Toll -Free 1- 800 - 876 -6827 Tel (973) 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 HORACE A. NABERS, STANLEY ENG, DOROTHY O'CONNOR, COLLEEN P. O'HARA, STEPHANIE THOMPSON, SUSANNA K.P. TRUONG, ROBERT O. BRADEN Walnut Creek, 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 and other writings obligatory in the nature thereof, which are or may be allowed, required or pemutted 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 INSURAI�iCE 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 bmdmg 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. E�ITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be p0p- signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL INTERNATIONAL FIDELITY INSURANCE COMPANY R, y 1 904 IN JER`' STATE NEW JERSEY County of f 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 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. U�IA 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. 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 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 10th day of December, 2009 Assistant Secretary CERTIFICATION OF CONTRACTOR 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 Landscape Management, Inc. Contractor By: Kevin, L Davis Title: President BIC -4 1106 -K G- 2373 AMENDMENT NO. 2 TO LANDSCAPE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT INC. This Amendment No. 2 ( "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 December 4, 2007 ( "Agreement'). The parties agree as follows: 1. Special Provisions (page SP -5) shall be amended to allow turf areas to be mowed every other week between the period of November 1, 2009 through March 1, 2010. In return, mulch shall be applied to City planters as directed by the City each week that turf mowing is not provided by the Contractor. 2. The Labor Rate Schedule (page 12a) shall be amended to allow Contractor to staff the City with the amount of labor necessary to maintain service levels as provided in the contract. Contractor shall not be required to staff the City with the number of personnel as specified on page 12a of Agreement. 3. Contractor shall not be responsible for the maintenance of the 210 Freeway Ramps as specified in Attachment I of the Agreement. 4. Effective March 1, 2009, the annual contract amount shall be reduced by seven percent (7 %). The revised total annual compensation payable by the City to the Contractor shall not exceed Four Hundred Sixty-Five Thousand and Eight Hundred Thirty Dollars ($465,830), $439,830 for annual maintenance, paid monthly and $26,000 for extraordinary work paid on a work order by work order basis. 5. All of the terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA By: Rcn� Donald Penman City Manager Dated: 0 9 CLS LANDSCAPE MANAGEMENT, INC. (SEAL) A ES e LOL'QIM444,14A 4,91 City Clerk ate 7: CONCUR: 2i 2z'L-4y Pat Malloy, Assi ant City Mgr/ Public Works Services Director By: ( �— Kevin L. Davis (Print name) President (Title) ( , Dated: "I ACKNOWLEDGMENT State of Californi County of Sc- U "YYy O V L L, 0 ) On �C/C-17 l I before me, G' f87 V'CV-L'-Q '�-6 /VOTC-tl -� ) (insert name and title of the officer) personally appeared t�_�% N 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. yW 7 y � CARIAS ACEVED 0 �I WITNESS my hand and official seal. a CommiUbn / 1805/05 ` NWq Public - Cw t nda Rlvarewe County Comm. Ex s Jul 11. 2012 Signature (Seal) Ire 1 lice) -8c C-2 323— I City CleC�s COPY AMENDMENT NO. 1 TO LANDSCAPE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT INC. This Amendment No. between the City of Arcadia, CLS Landscape Management, the parties dated December 4, The parties agree as follows: 1 ( "Amendment ") is hereby entered into by and municipal corporation of the State of California, and Inc., with respect to that certain Agreement between 2007 ( "Agreement "). The term of the Agreement is extended to and including December 4, 2009. 2. For the period of the extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed Five Hundred Twenty One Thousand and Five Hundred Ninety Five Dollars ($521,595), which reflects a cost of living adjustment of 3.0 %. 3. General Provisions (page GP -18) Section 10 shall be amended to include the following language: Immigration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA'). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the /RCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). 9 4. 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: pm-ts*A pa-*' � Donald Penman City Manager Dated: 2 I.L.26 ( 0 4 CLS LANDSCAPE MANAGEMENT, INC. (SEAL) ATT T: ej WA City Jerk kt &e APPROVED AS TO FORM: �I F n ! 1�4� Steph n P. Deitsch, City Attorney By: Kevin L. Davis (Print name) President (Title) Dated: lb 0 CONCK Public FAITHFUL PERFORMANCE BOND Pond um: $8, 71630 Premium: $8,716.00 100 " 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 Company H corporation duly organized and doing business under and by virtue of the laws o 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 FIVE HUNDRED TWENTY ONE THOUSAND AND FIVE HUNDRED NINTEY FIVE DOLLARS ($521,595.00!, 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 LANDSCAPE MAINTENANCE CONTRACT AMENDMENT NO. 7 TERM: EXTENDED TO AND INCLUDING DECEMBER 4, 2009 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 shalt 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 23rd day of January 2009. CLS Landscape Management, Inc. International Fidelity Insurance Company Principal Surety S L By. _ t evi ` . avis, President tSan J. Matrangat of r -In -Fact BIC -1 ACKNOWLEDGMENT State of California ?? County of SG u 60-y (eA' t, L) ) On 4Q. 'YV�N) l0, 200Uj before me, 05 V'I�"V0W d ✓1� ��(I`� 1 (insert name and title of the officer) personally appeared iL� VI L4 yGV 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. umaslo #180 O WITNESS m hand and official seal. i C CARxLOon C VEOO 8 Y Notary Public - California Rl"raide County M Comm. E99 ron Jul 11, 2012 Signature (Seal} ACKNOWLEDGMENT State of California County of Sacramento On January 23, 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 /efe subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /he#the# authorized capacity0es), and that by his /he#4heif 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. I S MATR0.NGA WITNESS my hand and official seal. COMM. 01E N %my Notary Publj6Call(amja �!+ SACRAMENTO COUNTY -' a Comm. EXP. March 30, 2010 [ Signature IVL44- w —rte (Seal) Bond No. 0457180 Premium: Included in LABOR AND MATERIAL BOND Performance Bond (1 0 of 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 FIVE HUNDRED TWENTY ONE THOUSAND AND FIVE HUNDRED NINTEY FIVE DOLLARS ($521,595.00), 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 LANDSCAPE MAINTENANCE CONTRACT AMENDMENT NO. 1 TERM: EXTENDED TO AND INCLUDING DECEMBER 4, 2009 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 23rd day of January 2008 CLS Landscape Management, Inc. International Fidelity Insurance Company Principal _— - Surety By By; tr GC n ( AL ent (SEAL) ey atranga, Attor In -Fact BIC -2 ACKNOWLEDGMENT State of Ca rnia ��yj County of _ 1 — V VV/ y �4' U G ) On �UCrv) (fit ZOU �� before me, Ca v-i05 /Vey 40t+ 4 u� ' (insert name and title of the off ic r) personally appeared U t L4 L GU I 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. CARIOfi ACEVE� CommNabn d 1805108 WITNESS my hand and official seal. No" Public •Caftrals Rwmift C"" Mv COrmn. Exillm Jul 11 2012 Signature (Seal) 7. ACKNOWLEDGMENT State of California County of Sacramento On January 23, 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 /sheA4ey executed the same in his /heFAhefr authorized capacity(ies), and that by his /her/tMeir 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. COMM. N1fiA8 S. M 01648A D24 v+ : a, Notary PubliaCalOomla �? LU �' ! SACRAMENTO COUNTY tL My Comm. EXP Marrh 30, 2010 Signature (Seal) AGREEMENT THIS AGREEMENT, made and executed this � day of )d oevn 1i&,r , 200_ by and between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007, hereinafter referred to simply as "City ") and CLS Landscape Management Inc, whose address is 4711 Schaefer Ave, Chino, CA 91710 hereinafter referred to simply as "Contractor ". RECITALS A. City has invited bids relative to landscape maintenance of City owned facilities and grounds. 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 Notice Inviting Bids, Information to Bidders, the Bid Security Form either Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions of the bid document, the Labor and Material Bond, Faithful Performance Bond, Non - Collusion Affidavits, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. 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 maintenance of the landscaped and hardscaped facilities and grounds as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to fumish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. # 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, 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 rwhich may arise or be encountered in the prosecution of the work, and for all other risks of any description connected with 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 the sum of FIVE HUNDRED SEVEN THOUSAND AND ONE HUNDRED SIXTY DOLLARS AND NO CENTS ($507,160.00). 4 -The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby . contracts to pay the same at the time, in the manner, and upon the conditions set forth in the <., Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. rt , 27 5. 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. 6. 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. 7. 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 of living plant life and growth. The history, reputation, and concerns of the City including those reflected in the General Plan are closely related to maintenance of those areas that are subject to this contract. Past landscape maintenance agreements have been administered consistent with this reality and have led to termination for 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 healthy, well kept state at all times. 8. 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 CLS Landscape Management, Inc. By William R. Kelly, City Manager B v vj s Y Date: President (SEAL) Title T�T/�E �T. ^ 653 1 Ift1 Y111AMIn U b� License No. APPROVED AS TO� FORM: t Stephen P. Deitsch Date City Attorney I28