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HomeMy WebLinkAboutC-1688u E., CONTRACT THIS CONTRACT, made and executed this ! day of .1`;!y 20 cc) , by and between the City of Arcadia, California, hereinafter referred to simply as City, and CLS Landscape Manaa men , Tnc hereinafter referred to simply as Contractor. WITNESSETH: That the parties hereto do mutually agree and covenant as follows: 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: HUGO REID PARK IRRIGATION IMPROVEMENTS (bid Items Accepted by City and Included Herein) 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 job walk and 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, job Walk and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price or if the bid is 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. C -1 n 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA CONTRACTOR CLS Landscape Management, Inc. Ma r (SEAL) Pre dent - -- Title Date: 7/10/00 ATTEST: C' `Tlerk Date: APPZROVEDAST F RM: City At orney Date: -% ACA 1/83 u I C -2 BOND NO. 88465 PREMIUM: $3,000.00 -„ FAITHFUL PERFORMANCE BOND t00% of contract Price KNOW ALL MEN BY Tt tESE PRESENTS, THAT WE' CLS LANDSCAPE MANAGEMENT, INC. hereinafter referred to as "Contractor" as PRINCIPAL, and AMERICAN CONTRACTORS__ INDEMNITY COMPANY a corporation duly organized and doing business under and by virtve-of- tha,laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming solu surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of FIFTY THOUSAND AND 00 /100---- - - - - -- Dollars ($ 50,000.00 ) awful 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, adrninislrators, assigns and successors, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARF 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 fog the project entitled: HUGO REID PARK IRRIIGA -TtgN IMPROVEMETS 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 ro b'e dr) e and performed at the times and in the manner specified herein including compliance with all COKract. specifications and quality requirements, then this obligatinn shalt be null' and void; othetyise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the manal to be furnished, which may be made pursuant to the terms of said Contract, shall not in a)r y way release said Contractor or the Surety thereunder, nor shall any extensions of tim-e-granted- ender the provisions of said Contract release either said Contractor or said Surety, and notice o� such alterations of extensions of the Contract is hereby uMaived by said Surety. In the event suit is brought upon this (fond 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 WHERECFF, we have hereunto set'our hands an'd--5�eols this 6th_ day of JULY , 2000 CLS LANDSCAPE MANAGEMENT INC. AMERICAN CONTRACTORS INDEMNITY COMPANY Prigetpal ' Surety t (S ) ARI HEDIA - AT RNEY —IN —FACT u ACA 6/89 G3 i i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of _- 0-RANGL On JULY 6, 2000 Date personally appeared Ss. before me, Peggy Hilburn, Notary Public Name and f7 ,itle or Officer (e.g., "Jane Doe, Notary Public, ") Ariel Heredia z> I i I PEGGY HILBURN Commission # 1212599 ri Notary Public - Califrxr»fa r Orancte County Petty C0 1m. % Tom; tv'= 7, 2t 03 n u 0 0 Place Notary Seat Above Name(s) of Signer(s) IXMpersonally known to me I I proved to me on the basis of satisfactory evidence to be the person( whose name(jj) is /ett% subscribed to the within instrument and acknowledged to me that he%�R4&%y executed the same in his /IA %qtr authorized capacity(ibu), and that by his /hft/& %ig signature( on the instrument the person(W, or the entity upon behalf of which the person() acted, executed th instrument. WITNESS m arid an off' 'ial s al. / n, lure of N tarA y Public OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND NO. 88465 Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: Individual ' lop of thwnh Here I I Corporate Officer — Title(s): 11 Partner —I 1 Limited I I General *k Attorney in Fact I l Trustee II Guardian or Conservator I I Other: Signer Is Representing: _-_American Contractors Indemnity Company_ © 1997 National Notary Association • 9350 Be Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1 -800 -876 -6627