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HomeMy WebLinkAboutC-1593ORIGINAL CITY OF ARCADIA CALIFORNIA • LIVE OAK AND LAS TUNAS MEDIAN MODIFICATIO AND IRRIGATION UPGRADE CONTRACT A-MOUNT $102,944-00 CITY COUNCIL GARY A. KOVACIC, MAYOR ROGER CHANDLER ROBERT C. HARBICHT CONTRACT DOCUMENTS AGREEMENT THIS AGREEMENT, made and executed this 3rd day of September 19 98, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California 91007, (hereinafter referred to as "CITY ") and Golden Bear Arborists, Inc. whose address is 146 East Railroad Avenue, Monrovia, CA 91016 hereinafter referred to as "CONTRACTOR ". RECITALS A. City has invited bids relative to the Live Oak and Las Tunas Median Modification and Irrigation Upgrade. 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. For and in consideration of the payments and covenants hereinafter specified to be made and performed by City, Contractor shall perform and complete the following: Live Oak and Las Tunas Median Modification and Irrigation Upgrade and to perform and complete the same in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own cost and expense all tools, equipment, labor, services, and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by the City) , and to do everything required by this contract, special provisions, technical specifications, construction plans, drawings and details, and all addenda issued by City to the foregoing prior to the opening of bids. 2. For furnishing all said materials and labor, services, tools, and equipment, and doing all work specified herein, also arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work in the manner specified in said Plans and Specifications, the City will pay and the WE Contractor shall receive in full compensation therefor on the unit price basis, the total price for the several items furnished pursuant to the specifications, as set forth in Contractor's bid heretofore filed by him and accepted by City, at the times and manner specified in the Contract Documents. 3. Contractor agrees to perform the work according to the terms of this Contract for price(s) named in the bid, and City agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said contract documents. 4. Subject to the provisions of this Contract, all terms, covenants, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 5. The Notice Inviting Bids, Information Required of Bidders, Contractor's Bid, Special Provisions, Technical Specifications, Construction Plans, Drawings and Details, and all addenda issued by City to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this contract by reference and are collectively referred to therein and herein as "Contract Documents." 6. Contractor shall be responsible for compliance with the Apprenticeable Occupations Regulations of Labor Code, Section 1777.5, including compliance by all subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA By Mayo Date: ( SEAL) ATTEST: City Clerk ' Date APPROVED AS TO FORM: City Att rney Date: _T'_ 30 CONTRACTOR Golden Bear Arborists, Inc. By Dennis Aldridge, Vice President Title FAITHFUL, PERFORMANCE BOND a on as rsae Bond No. 156 42 55 ALL PERSONS BY THESE PRESENTS: Premium: $861.00 That GOLDEN BEAR ARBORISTS,INC. , hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and INSURANCE COMPANY OF THE WEST corpora ion u y organize an wing usiness under an y vir ue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "CITY° in the sum of Ninety One Thousand -Pg-P N,mrlrPri Fes, tar SPZTPn and 3n [1 nn_ - - -- Dollars ($ 91,547.30 ----------- 4 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: Live Oak and Las Tunas Median Modification and Irrigation Upgrade 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 31st day of Au u, 19 — GOLDEN BEAR ARBORISTS,INC. INSURANCE4 COMP Y OF THE WEST PrInapal. surety BY : Dennis Aldridge, Vice Presi ent Drew Ebright,Attorney -in -fact 31 PURPOSE ACKNOWLEDGMENT of California County of Los Angeles On 09/03/98 DATE No. 5907 before me, Larry Cianciola, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC- personally appeared Dennis Aldridge NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized G ���,,, ,,F capacity(ies), and that by his /her /their erg illr it N I LA signature(s) on the instrument the person(s), 2 (,'^IAr'i (,,B!. CAA OR iN/i e-1 or the entity upon behalf of which the LOS PNI I (< COUi" IY ® ;,ycc;,�1i5,,,,,LXt,rp, %,�,;1, 1999 © person(s) acted, executed the instrument. ✓a s?��w�P��t°+ �+ �evasy�; �r� ,id� °bv,�;z,v�F +vv•,�P�6d WITNESS my7hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER ice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) rnlrian Raar Arhnri¢t3, Tn0 Monrovia, CA 91016 DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OR TYPE OF DOCUMENT Two (2 NUMBER OF PAGES August 31, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 IA ALL - PURPOSE ACKNOWLEDGMENT State of Calif ornia County of Los Angeles On August 31, 1998 DATE No. 5907 before me, Vickie La Fleur,Notary Public NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC- personally appeared Drew Ebri ht NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized .�- capacity(ies), and that by his /her /their s tcF . C ' LA ; , ;� � I R Zi �f1 ( f signature(s) on the instrument the person(s), rte .4nY "''L CALI,ORNIA LOS or the entity upon behalf � r CA(h TY T of which the Ell-ES m:1 person(s) acted executed the instrument. WITNESS my hand and official seal. / f (.L k � Opt SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES August 31, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184