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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)