HomeMy WebLinkAboutC-25911100- 80
C- 2591
(PROJECT NO. Athletic Field Renovation)
CONTRACT FOR THE
CITY OF ARCADIA
CIVIC CENTER ATHLETIC FIELD RENOVATION
1. PARTIES AND DATE.
This Contract is made and entered into this (Sfh day of Lek e 20L,!� by and
between the CITY OF ARCADIA (hereinafter called the "City ") and PARK WEST LANDSCAPE,
INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by City on October 11, 2010,
has submitted a bid proposal for construction the Civic Center Athletic Field Renovation Project
described in the Contract.
2.3 City has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on November 17, 2010.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a. Notice Inviting Bids
b. Instructions to Bidders
C. Contract Bid Forms
d. Contract
e. Contract Appendix
Part "A"
- General Conditions
Part "B"
- Supplementary General Conditions
Part "C"
- Special Provisions
Part "D"
- Specifications (under separate cover)
Part "E"
- Drawings (under separate cover)
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. Athletic Field Renovation)
Part "F" - Performance Bond
Part "G" - Payment Bond
ADDENDUM NO. 1 dated October 26, 2010.
ADDENDUM NO. 2 dated October 26, 2010.
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law.
Contractor, s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work for the construction of Bid
Category number(s) 1 -64 necessary to fully and adequately complete the Civic Center Athletic
Field Renovation Project, including any alternates selected by the City, and all structures and
facilities described in the Contract (hereinafter the "Work "), for a total of FOUR HUNDRED THIRTY -
THREE THOUSAND, NINE HUNDRED TWENTY DOLLARS AND THIRTEEN CENTS,
($433,920.13), as specified in the Contract Bid Forms submitted by the Contractor in response to
the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accor-
dance with the applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract in Ninety (90) Calendar
Days, beginning ten (10) Calendar Days after the date on which the Notice to Proceed is sent by the
City to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
Wo- 90
C- 259/
(PROJECT NO. Athletic Field Renovation)
CONTRACT FOR THE
CITY OF ARCADIA
CIVIC CENTER ATHLETIC FIELD RENOVATION
1. PARTIES AND DATE.
This Contract is made and entered into this (Sth day of be&ek a 20L,!� by and
between the CITY OF ARCADIA (hereinafter called the "City ") and PARK WEST LANDSCAPE,
INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by City on October 11, 2010,
has submitted a bid proposal for construction the Civic Center Athletic Field Renovation Project
described in the Contract.
2.3 City has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on November 17, 2010.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Contract Appendix
Part "A"
- General Conditions
Part "B"
- Supplementary General Conditions
Part "C"
- Special Provisions
Part "D"
- Specifications (under separate cover)
Part "E"
- Drawings (under separate cover)
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. Athletic Field Renovation)
Part "F" - Performance Bond
Part "G" - Payment Bond
ADDENDUM NO. 1 dated October 26, 2010.
ADDENDUM NO. 2 dated October 26, 2010.
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law. 7
Contractor, s lMtials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work for the construction of Bid
Category number(s) 1 -54 necessary to fully and adequately complete the Civic Center Athletic
Field Renovation Project, including any alternates selected by the City, and all structures and
facilities described in the Contract (hereinafter the "Work "), for a total of FOUR HUNDRED THIRTY -
THREE THOUSAND, NINE HUNDRED TWENTY DOLLARS AND THIRTEEN CENTS,
($433,920.13), as specified in the Contract Bid Forms submitted by the Contractor in response to
the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accor-
dance with the applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract in Ninety (90) Calendar
Days, beginning ten (10) Calendar Days after the date on which the Notice to Proceed is sent by the
City to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. Athletic Field Renovation)
completion schedule, construction schedule or project milestones developed pursuant to provisions
of the Contract, including but not limited the Project Schedule located in the Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of FIVE HUNDRED DOLLARS ($500.00) PER DAY as provided
by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 City's Basic Obligation.
City agrees to engage and does hereby engage Contractor as an independent contractor to
furnish all materials and to perform all Work according to the terms and conditions herein contained
for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to
Contractor, as full consideration for the satisfactory performance by the Contractor of the services
and obligations required by this Contract, the above referenced compensation in accordance with
compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the City.
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. Athletic Field Renovation)
Contractor
Park West Landscape, Inc.
1215 Graphite Drive
Corona, CA 92881
Attn: Kevin C. Roff, Division President
Cwt
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Dave McVey, General Services Superintendent
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CITY OF ARCADIA
ey:
Donald Penman
City Manager
ATTEST:
By: S L4nw-4
City Clerk
Approved as to Form:
By: 0.
Steph n P. Deitsch
City Attorney
PARK WEST LANDSCAPE, INC.
By: –4- �- 1�v
K in C. Roff
ivision President
RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7124/00)
(PROJECT NO. Athletic Field Renovation)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self- insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor: PAIRK L^NVkSr, fl ,, IN c.
By: --A
Sign Are
KMIN C. Kof:F—
Name
'DIVISION PrQFSIDF =—WT-
Title
Vgx:f—=M F3e 101201
Date
RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)
EXHIBIT "B"
DELAY CLAUSE:
In the event of unreasonable delay by the Owner /Contractor, the Subcontractor shall be entitled
to equitable adjustment of contract time and contract price.
City Initials
Contractor Initials
BOND NO.: 1625786
PERFORMANCE BOND
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
PARK WEST LANDSCAPE, INC. (hereinafter "Contractor"), a contract for work consisting
of but not limited to, furnishing all labor, materials, tools, equipment, services, and
incidentals for the construction of CIVIC CENTER ATHLETIC FIELD RENOVATION
Project and all other required structures and facilities within the rights -of -way, easements
and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated NOVEMBER 23, 2010
(hereinafter the "Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we PARK WEST LANDSCAPE, INC.
, the undersigned Contractor, as
Principal, and GREAT AMERICAN INSURANCE COMPANY , a
corporation organized and existing under the laws of the State of
OHIO , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of FOUR HUNDRED THIRTY -THREE THOUSAND, NINE HUNDRED TWENTY
DOLLARS AND THIRTEEN CENTS, ($433,920.13), said sum being not less than 100% of
the total amount payable by the said Obligee under the terms of the said Public Work
Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one -year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
RVPUB\DRDI5623370 PERFORMANCE BOND - 1 GB- STATE & LOCAL (610) (7/24/00)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 9TH
day on DECEMBER , 20 10
PARK WEST LANDSCAPE, INC.
Principal /ContrActor
I
GREAT AMERICAN INSURANCE COMPANY
Surety
By: 4\ \4A1.%.
Attorney -in -Fact LINDA K. LA MARR
The rate of premium on this bond is $7.20 per thousand.
The total amount of premium charged, $ 3,124 . oo
(The above must be filled in by corporate surety.)
RVPUB\DRD\562370 PERFORMANCE BOND - 2 GB- STATE& LOCAL (610) (7/24/00)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, JAM 17—r P• TRACY , certify that I am the
Secretary of the corporation
named as principal to the within bond; that
KEa11N c. ftf=f= who signed the said bond on behalf
of the principal was then V%VISI0t4.MEQIDESIT' of said
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by authority
of its governing Board.
(Corporate Seal)
Signature
PW:O�BIEK m" 2010
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUBNDxn1562370 PERFORMANCE BOND - 4 GB - STATE & LOCAL (610) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On December 9, 2010 before me, Jenny Ma Gremillion, Notary Public,
personally appeared Linda K. LaMarr
who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
�.�u M," •, � G+ RE LION
JENNY MIA
0 which the person acted, executed the instrument.
N a ✓OlvlW # 1828278 X
NOTARY PUBLIC - CALIFORNIA to
U , SANTACLARA N I certify under PENALTY OF PERJURY under the laws of
My Comm. Expires December 25, 2012 I�
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL ABOVE IONATURE OF NOTARY PUBLIC
OPTIONAL
Though the data 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 of Type of Document:
Dcoument Date:
Signer(s) Other Than Named Above:
CAPACITY(IES) CLAIMED BY SIGNER(S)
SIGNER'S NAME:
❑ INDIVIDUAL
❑CORPORATE OFFICER
TITLE(S)
❑PARTNER(S) ❑ LIMITED ❑ GENERAL
®ATTORNEY -IN -FACT
❑TRUSTEE(S)
❑GUARDIAN /CONSERVATOR
[-]OTHER:
SIGNER IS REPRESENTING
Number of Pages:
SIGNER'S NAME:
❑ INDIVIDUAL
❑CORPORATE OFFICER
TITLE(S)
❑PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ATTORNEY -IN -FACT
❑TRUSTEE(S)
❑ GUARD IAN /CONSERVATOR
MOTHER:
SIGNER IS REPRESENTING
California
All- Purpose Acknowledgment
State of California
SS.
County of RIVERSIDE
On DECEMBER 10, 2010 - before me, LITT
NATALIE_LE, NOTARY PUBLIC_
personally appeared KEVIN C. ROFF
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is /aye subscribed to the within instrument and acknowledged to me that
he /sheAhey executed the same in his /h„ ' vc* authorized capacity(ies), and that by
his /hefei& 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
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. NATALIE LITTLE
r COMM. 01906407 z
Notary Public • County
Z a
San Bernardino County
My Comm. Oct. 2 2014
Signature of Notary Public
My commission expires on:. OCTOBER 2, 2014
Phone No.: (951Ij493- 2836.w
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than TEN
No. 0 14662
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful
attomeyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this authority shall not exceed the limit stated below.
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 30t' day of , SEPTEMBER , 2010.
Attest GREAT AMERICAN INSURANCE COMPANY
I Shc l/an[ .SP,'I'Claf
STATE OF OHIO, COUNTY OF HAMILTON - ss:
Oh monal Srnim I'irr Pr,�eidrni
DAVID C. KITCHIN (513- 412 -4602)
On this 30'" day of SEPTEMBER , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly
swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
"` • KAREN L. GROSHEIM
'' �yNOTARY PUBLIC, STATE OF OHIO
This Power ofTtto COMMISSION EXPIRES 02 -11 p
o, ey granted b authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated June 9, 2008.
RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties
and the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
ofcer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 9TH day of, DECEMBER , 2010
:1�diRUrl .1,�<rrlar_�
S 1029T (11/01)
Name
Address Limit of Power
RICHARD S. SVEC
ANNA SWEETEN
LINDA K. LaMARR
MICHAEL J. HEFFERNAN
ALL OF ALL
JAMES W. UNTIEDT
MICHAEL SHEAHAN
SAN JOSE, $75,000,000.00
GEOFFREY R. GREEN
JULIA GRIMES
CALIFORNIA
JEANETTE CONLEY
PATRICK MOUGHAN
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 30t' day of , SEPTEMBER , 2010.
Attest GREAT AMERICAN INSURANCE COMPANY
I Shc l/an[ .SP,'I'Claf
STATE OF OHIO, COUNTY OF HAMILTON - ss:
Oh monal Srnim I'irr Pr,�eidrni
DAVID C. KITCHIN (513- 412 -4602)
On this 30'" day of SEPTEMBER , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly
swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
"` • KAREN L. GROSHEIM
'' �yNOTARY PUBLIC, STATE OF OHIO
This Power ofTtto COMMISSION EXPIRES 02 -11 p
o, ey granted b authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated June 9, 2008.
RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties
and the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
ofcer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 9TH day of, DECEMBER , 2010
:1�diRUrl .1,�<rrlar_�
S 1029T (11/01)
BOND NO.: 1625786
PREMIUM: INCL. IN PERF. BOND
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
PARK WEST LANDSCAPE, INC. (hereinafter "Contractor "), a contractforwork consisting
of but not limited to, furnishing all labor, materials, tools, equipment, services, and
incidentals for the construction of the CIVIC CENTER ATHLETIC FIELD RENOVATION
Project and all other required structures and facilities within the rights -of -way, easements
and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated
NOVEMBER 23, 2010 , (hereinafter the "Public Work Contract "); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we PARK WEST LANDSCAPE, INC.
, the undersigned Contractor, as Principal
and GREAT AMERICAN INSURANCE COMPANY , a corporation
organized and existing under the laws of the State of OHIO
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of FOUR HUNDRED THIRTY -THREE THOUSAND, NINE
HUNDRED TWENTY DOLLARS AND THIRTEEN CENTS, ($433,920.13), said sum being
not less than 100% of the total amount payable by said Obligee under the terms of the said
Public Work Contract, for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by any
RVPUB\DRD\570026 PAYMENT BOND - 1 GB- STATE& LOCAL (620) (7/24/00)
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 9TH
day on DECEMBER , 20 10
Principa
By:
ident
GREAT AMERICAN INSURANCE COMPANY
Surety
Attorney -in -Fact LINDA K. LA MARR
RVPUB\DRD\570026 PAYMENT BOND - 2 GB - STATE & LOCAL (620) (7/24100)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, JA M 1;;S E. -MACY certify that I am the
Secretary of the corporation named as principal in the attached bond,
that _k;;.-V lrl o• RIFF who signed the said bond on behalf of
the principal was then 3XY j&loN VE�.,V of said corporation;
that I know his signature, and his signature thereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal) ' —�
Signature
mEqEiyIBEEP, 1o, 20113
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUB\DRD\570026 PAYMENT BOND - 4 GB - STATE & LOCAL (620) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On December 9, 2010 before me, JenU Ma Gremillion, Notary Public,
personally appeared Linda K. LaMarr
who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Snl P,F't�p kPh @� JINNY MA GREMILLION 1
n d COW # 1azs27s X I certify under PENALTY OF PERJURY under the laws of
NOTARY PUBLIC - CALIFORNIA N
U
SANTA CLARA N the State of California that the foregoing paragraph is true
My Comm. Expires December 25, 2012 I� and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL ABOVE IGNATURE OF NOTARY PUBLIC
OPTIONAL
Though the data 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 of Type of Document:
Dooument Date:
Signer(s) Other Than Named Above:
CAPACITY(IES) CLAIMED BY SIGNER(S)
SIGNER'S NAME:
❑ INDIVIDUAL
❑CORPORATE OFFICER
TITLE(S)
❑PARTNER(S) ❑ LIMITED ❑ GENERAL
®ATTORNEY -IN -FACT
❑TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING
Number of Pages:
SIGNER'S NAME:
❑ INDIVIDUAL
❑CORPORATE OFFICER
TITLE(S)
❑PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ATTORNEY -IN -FACT
❑TRUSTEE(S)
❑GUARDIAN /CONSERVATOR
MOTHER:
SIGNER IS REPRESENTING
California
All- Purpose Acknowledgment
State of California
SS.
County of RIVERSIDE
On DECEMBER 10, 2010 _ before me, NATALIE LITTLE, NOTARY PUBLIC
personally appeared KEVIN C. ROFF,,__wm.�
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(e) is /efe subscribed to the within instrument and acknowledged to me that
he /ehe4liey executed the same in his /be#theif authorized capacity(fes), and that by
his / "., 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
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. COMM. TAI 1`I 6407 z�
Notary Public • California
U T1 San Bernardino County
Mv Comm. Ex e' as Oct. 2, 2014
Signature of Notary Public
My commission expires on: OCTOBER 2, 2014
Phone No.: _:j951 4932836m
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than TEN
No. 0 14662
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful
attomeyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this authority shall not exceed the limit stated below.
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 30° day of, SEPTEMBER , 2010.
Attest GREAT AMERICAN INSURANCE COMPANY
A i,/zull Srrrrrun On monad Senior 1'irc Prccidciu
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513 - 412 -4602)
On this 30"' day of SEPTEMBER , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly
sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
KAREN L. GROSHEIM
r� NOTARY PUBLIC, STATE OF OHIO
- •;�rr,� MY COMMISSION EXPIRES 02 -20 -11
�= This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated June 9, 2008.
r�
RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties
and the respective limits of their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 9TH day of , DECEMBER , 201.0
S 1029T (11/01)
Name
Address Limit of Power
RICHARD S. SVEC
ANNA SWEETEN
LINDA K. LaMARR
MICHAEL J. HEFFERNAN
ALL OF ALL
JAMES W. UNTIEDT
MICHAEL SHEAHAN
SAN JOSE, $75,000,000.00
GEOFFREY R. GREEN
JULIA GRIMES
CALIFORNIA
JEANETTE CONLEY
PATRICK MOUGHAN
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 30° day of, SEPTEMBER , 2010.
Attest GREAT AMERICAN INSURANCE COMPANY
A i,/zull Srrrrrun On monad Senior 1'irc Prccidciu
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513 - 412 -4602)
On this 30"' day of SEPTEMBER , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly
sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
KAREN L. GROSHEIM
r� NOTARY PUBLIC, STATE OF OHIO
- •;�rr,� MY COMMISSION EXPIRES 02 -20 -11
�= This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated June 9, 2008.
r�
RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties
and the respective limits of their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 9TH day of , DECEMBER , 201.0
S 1029T (11/01)