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HomeMy Public PortalAboutAgreement_2016-08-16_Green Giant Landscape Inc_Temple City Park Veteran's Memorial P16-02GREEN 61ANT LANDSCAPE INC. CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF GREEN GIANT LANDSCAPE, INCORPORATION "RESOLVED, that Donald, L. Henderson, as President of Green Giant Landscape Incorporated, is authorized to enter into and sign all contracts on behalf of this Corporation." STATE LIG. A8 -C-27. M 670476 I, Rosie Toledo, the duly elected, qualified and acting Secretary of Green Giant Landscape Incorporated, an organized and existing California Corporation, do hereby certify that the foregoing is a full, true and correct copy of the resolution duly adopted by the Board of Directors of said corporation at a meeting thereof at which meeting a quorum of said Board was at all time present and acting; and that said resolution has not been modified or rescinded and is at the date of this Certificate in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Certificate and affixed the corporate seal of said corporation this� q day ofAy_�- . 20 I b Rosie Tole o, Sect Lary 941-A Macy Street a La Habra. CA 90631-3400 • (562) 690-6208 v Fax (562) 690-5029 E -Mail: greengiantinc0aol.com / greengiantoffice®aol.com CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT TEMPLE CITY VETERAN'S MEMORIAL (P16-02) THIS AGREEMENT ("Agreement") is made and entered into this —L0 day of August, 2016, by and between the CITY OF TEMPLE CITY, a Municipal Corporation located in the County of Los Angeles, State of California ("CITY"), and Green Giant Landscape, Inc., a corporation, located at 941-A Macy Street, La Habra, CA 90631 ("CONTRACTOR"), collectively referred to as the Parties. RECITALS A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before August 2, 2016, for the following: Temple City Veterans Memorial in the City of Temple City, California ("Project"). B. At 10:00 a.m. on said date, in the Office of the City Clerk at 9701 Las Tunas Drive, Temple City, the bids submitted for the Project were opened. C. At its regular meeting held on August 16, 2016, the City Council of CITY accepted the bid of CONTRACTOR for the Project as being the lowest responsive bid received and directed that a written contract be entered into with CONTRACTOR. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. CONTRACT DOCUMENTS. This Agreement consists of the following documents ("Contract Documents"), all of which are made a part of this Agreement: (a) Notice Inviting Bids (b) Instructions to Bidders (c) Bid Form (d) Bid Proposal and/or Contract Proposal, as accepted, including the Certificate of Bidders' Experience and Qualifications and the List of Subcontractors (e) Information Required by Bidder LA #4814-2634-9072 0 REVISED 7/29/16 (f) Notice of Award (g) Notice to Proceed (h) This Agreement (i) Verification of California Contractor's License 0) Contractor's Certificate Regarding Workers' Compensation (k) Security for payment (labor and materials) (1) Security for performance (m) Certificate(s) of Insurance (n) General Conditions/Specifications (o) Special Provisions (p) Plans and Standard Drawings (q) Prevailing Wage Scales (r) Standard Specifications for Public Works Construction, including subsequent addenda and supplements (s) Change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded to Contractor (t) All addenda issued by the City with respect to the foregoing prior to the opening of bids, including, Addenda Nos. 1-4. (u) Other documents (list here) PrODOsal/Bidder Statistic Information Form In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. LA #4814-2634-9072 v3 2 REVISED 729/16 2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the Project and to fulfill all other obligations as set forth in the Contract Documents ("Work"). Except as specifically provided in the Contract Documents, CONTRACTOR must furnish all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work. CONTRACTOR must perform all of the Work in strict accordance with the Contract Documents. 3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and accept the total amount of one hundred eighty seven thousand five hundred dollars ($187,500), based upon those certain unit prices set forth in CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, as full compensation for the Work. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance, including those for well and faithfully completing the Work in the manner and time specified in the Contract Documents, and also including those arising form actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension or discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. CITY shall retain five percent (5%) of the compensation until the provisions of Section 14 herein have been met. CITY hereby agrees to pay CONTRACTOR at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. 4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply with all of the provisions of State and Federal law with respect to the employment of unauthorized aliens, including without limitation the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended. Should CONTRACTOR employ one or more unauthorized aliens for the performance of the Work, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. 5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents and warrants that: (a) It is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completing any project funded in whole or in part by program, grant or loan funded by the federal government or the State of California; and (b) CONTRACTOR currently has, and for the past five (5) calendar years has maintained in good standing, a valid California contractor's license; and LA B4814-2634-9072 v3 3 REVISED 7/29/16 (c) CONTRACTOR is registered with the Department of Industrial Relations to perform services on public works projects as required by Labor Code section 1725.5. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this Project. 6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the Director of Public Works of CITY, and shall complete work on the Project within sixty (60) days after commencement. 7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation in the performance of this Agreement, and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 8. LABOR CODE REQUIREMENTS. (a) CONTRACTOR is aware of and agrees to abide by the provisions of California Labor Code Sections 1720, et seq., as well as Sections 1771, 1773, 1773.1, 1773.6, 1773.7, 1774, 1775, 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work ("Prevailing Wage Laws"). Copies of the prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for each craft are available upon request from the City. A copy of the prevailing rate of per diem wages shall be posted at the job site. If such posting is not possible, a copy shall be posted at the business of the CONTRACTOR. (b) CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day's work. CONTRACTOR will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) (c) CONTRACTOR must comply with Labor Code section 1771.1(a), which provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is registered with the Department of Industrial Relations as required by Labor Code Section 1725.5, and that CONTRACTOR may award subcontracts for work that LA #4814-2634-9072 v3 4 REVISED 7/29/16 qualifies as a "public work" only to subcontractors which are at the time of award registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONTRACTOR must obtain proof of such registration from all such subcontractors. (d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of this Agreement. (Labor Code § 1774.) CONTRACTOR is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. (e) CONTRACTOR must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Agreement by CONTRACTOR or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. (f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Agreement. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. (g) CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 9. PROJECT SITE CONDITIONS. (a) CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: (i) The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; LA #481426349072 v3 5 REVISED 7/29/16 (ii) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, (iii) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement. (b) Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. (c) CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, then CITY shall issue a change order. (d) In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. 10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising form the performance of the Work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, resulting directly or indirectly from the nature of the Work covered by this Agreement, regardless of responsibility of negligence. (a) CITY does not, and shall not, waive any rights against CONTRACTOR which it may have because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) The indemnity provided by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether insurance policies are applicable to any of the damages or claims for damages. (c) The provisions of this section do not apply to claims occurring as a result of the City's sole negligence or willful acts or omissions. LA 44814-2634-9072 v3 6 REVISED 7/29/16 (d) The provisions of this section will survive the expiration or earlier termination of this Agreement. 11. BONDS. CONTRACTOR, before commencing the Work, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the compensation amount stated in Section 3 of this Agreement conditioned upon the faithful performance of this Agreement and a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the compensation amount stated in Section 3 of this Agreement conditioned upon the payment of all labor and materials furnished in connection with this Agreement. 12. INSURANCE. CONTRACTOR shall not commence the Work until CONTRACTOR has obtained all insurance required by the Contract Documents and such insurance has been approved by CITY as to form, amount and carrier. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor have been obtained and approved. (a) Workers' Compensation. CONTRACTOR shall take out and maintain, during the life of this Agreement, Worker's Compensation Insurance for all of CONTRACTOR's employees employed at the Project site; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in Work under this Agreement at the Project site is not protected under any Workers' Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) Comorehensive General Liabilitv. Products/Completed Ooerations Hazard. Comorehensive Automobile Liabilitv and Contractual General Liabilitv Insurance. CONTRACTOR shall take out and maintain during the life of this Agreement such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this Agreement, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this Agreement, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: LA #4814-2634-9072 v3 7 REVISED 729/16 (i) Public Liabilitv Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (ii) Products/Completed Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (iii) Comprehensive Automobile Liabilitv Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (iv) Contractual General Liabilitv Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the required minimum limits set forth hereinabove. (c) Proof of Insurance. The insurance required by this Agreement shall be with insurers which are Best A rated, and California Admitted or better. CITY shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this Agreement. (d) Notice to Proceed. The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence the Work under this Agreement until CONTRACTOR has provided to the CITY the proof of insurance as required by this Section 12. 13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the Project is not commenced and/or completed on or before the dates specified for commencement and completion of the Project in the Contract Documents. The parties have considered the facts of a breach of this Agreement and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the Contract Documents. The sum of ONE THOUSAND DOLLARS ($1,000.00) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in the starting and/or completion and acceptance of the Project after the dates specified in the Contract Documents for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each day of delay in the starting and/or completing and acceptance of said Project beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be LA #4814-2634-9072 v3 g REVISED 729/16 done in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this Agreement. CTOR CITY OF TEMPLE CITY By Date: I Date: ?�,64_0 14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of same by the City Council of the CITY, the City Manager of the CITY shall cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Section 3 hereof; provided there have been no mechanics' liens or stop notices filed against the Work which have not been paid, withdrawn or eliminated as liens against said work. 15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Temple City Municipal Code. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. 16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain as to CITY a wholly independent contractor. Neither the CITY nor any of its officers, employees, or agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR's officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. CONTRACTOR may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of CITY. 17. GENERAL PROVISIONS. (a) Authoritv to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations. (b) Assignment. CONTRACTOR may not assign this Agreement without the prior written consent of CITY, which consent may be withheld in the CITY's sole discretion since the experience and qualifications of CONTRACTOR were material considerations for this Agreement. (c) Bindina Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. LA #4814-2634-9072 v3 9 REVISED 729/16 (d) Integrated Agreement. This Agreement, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Agreement and supersedes all other agreements or understandings, whether oral or written, between CONTRACTOR and CITY prior to the execution of this Agreement. (e) Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by CONTRACTOR and by the City Council or City Manager of CITY, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. (f) Counterparts and Facsimile Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Agreement will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. (g) Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Work performed by CONTRACTOR will not constitute a waiver of any of the provisions of this Agreement. (h) Interpretation. This Agreement will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. (i) Severabilitv. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will not be affected and the Agreement will be read and construed without the invalid, void or unenforceable provision. Q) Attornevs' Fees. The prevailing party in any action to resolve a dispute concerning this Agreement shall be entitled to have and recover from the losing party the reasonable attorneys' fees and costs of such action. (k) Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles. LA #4814-2634-9072 v3 10 REVISED 729/16 (1) Notices. All written notices required or permitted to be given under this Agreement will be deemed made when received by the other Parry at its respective address as follows: To CITY: City of Temple City 9701 Las Tunas Drive Temple City, California 91780 Attention: City Manager (Tel.) 626-285-2171 To Contractor: Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 90631 Attention: Donald Henderson, President (Tel.) 562-690-6208 Notice will be deemed effective on the date personally delivered or mailed. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. Any Party may change its notice information by giving notice to the other Party in compliance with this section. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the iD4k day ofAages4-2016, by their respective officers duly authorized in that behalf. SAE� ATTEST: 4 'G t Peggy Ku , 1 Clerk Date: 9 — (0 -2 0 I b APPROVED AS TO F RM: Eric 8 V iI Ity Attorney LA #4814-2634-9072 v3 REVISED 7/29/16 CITY OF TEMPLE CITY, a municipal corporation By Bryan Cook, City Manager ('16 Gp a [state type of entity] _ /9 - BN LA #4814-2634-9072 0 12 REVISED 7/29/16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this eerfi ate verifies only the idettity of the irEdvidwl who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or vali�q of that document_ State of California l u�t• County of f c s J On before me,� personally appearedc who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r,9��-4-7POSIE TOLEDO•MENDERSOR�Corr.t 2066132I certify under PENALTY OF PERIURY under the laws of WOrLuS Ax4E T C Ain PUBLIC L M/pq,Nr tort Eu, Nov. Nly6. the State of California that the foregoing paragraph is ; true and correct_ WITNESS 4handd Signature oboe Alawry Sea/ Aba of qubho OPTIONAL Though the information Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and _ . of this form to another document Description of Attached Document Tide of Type of Document - Document Date- Signer(s) Other Than Named Above: Capacity(ies) "'V Signers Name: %lCi I ❑I1 widual [� Corporate Officer - rtie(s): ❑ partner ❑ Limited ❑ General - ❑ Attorney in Fact �! ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages - Signer's Name: ❑ Ld'ividual ❑ Corporate Officer - rrde(s): ❑ Partner ❑ limited ❑ rnGeneralbbEbmaiies ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ---------------- --- - ------------ ---------- 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of Los Angeles n before me, personally appeared Piac,, Nomry Sad Abo.. (inr«r Nom,, of Notary Dubh and Tde,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a - . . _ . 6. J to me that he/she they executed the same in his/her/their authorised capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exerted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature pq—t— of Notary Pubbcf OPTIONAL Though the information 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 Tide of Type of Document: Document Date- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer - Trtie(s): ❑ Partner -] Limited C', General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Trtle(s): ❑ Partner %] Limited ❑ General + ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond No.: PB 115104 00578 Premium: $3,750.00 Prenpm is based on 100% of the final contract amount 3-PERFORMANCEBOND Project: Temple City Veteran's Memorial (P16-02) irfdt W All, MFN Sy THFSF PRESENTS that Green Giant Landscape, Inc. - as CONTRACTOR and Philadelphia Indemnity Insurance Company as SURETY, are held and film F, bound torte She City of Temple City, lathe penal waw of one Hundred Erohtyseven Thousand Five Hundred and00/100s dollars ,$187,500.00 ), which is 100 Denrem of the tntal contract amount far the.above stated prof -M forthe Payment of which sum. CDNTAAf7OR aft SURETY agree to be bound, jointly and severally, firmly by these Presents. THE CONDITIONS OF THIS oaLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City of Temple City for the above. stated proiect if CONTRACTOR faithfully Performs and fulfills all obligat ors under the contrarx documents in the manner and time specified therein, then this obligation shall be null andvoid, otherwise itsha9 remain in full force end.erfect in favor of the City of Temple City: provided that any alternations in the obiit aticros or firne for eompteifon made pursuant to the terms of the contract documents shall net in any way release either CONFFRACTOR or SURE1 Y, and notice of such alternatiors are hereby wanted by—SAME"ry. IN WITNESS WHEREOF the parties hereto have set their names titles, hands, and seals this 17th day of August .20116. COQ + Green Giant Landscape, Inc. - 941-A Macy St, La Habra, CA 90631- (562)6911-6208 SURETY* Phiadelphia Indemnity Insurance Company- 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 - (626)639-1325 U_nda D. Coats, Attorney-in_Fact `Provide CONTRACTOR'SUAETY name, address and telephone nurnber and the name, tette, address and telephone number for authorized representative. Subscribed and sworn to ttf day ot2016, NOTARY PUBLIC: IV -3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :er:��.zsx�sac-.rs �:c �re..�,xsc�c.�r�s:c..s,>=ei�.e^�rm�.�xac�ecti�t�trar�c�r.:ces�cti A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On P1,;4ni1. before me, Date personally appeared Linda D. Coats Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(4 is/ere subscribed to the within instrument and acknowledged to me that 49e/she/they executed the same in +its/her/Nheir authorized capacity(ies), and that by4ie/her/their signature(4on the instrument the person(s), or the entity upon behalf of which the person(4acted, executed the instrument. ADELAIDE C. HUNTER Commission a 1994447 s 0my Nolary Public • CaliforniaOrange County Comm. Expires Oct 19.2016F I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Thle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-B76-6827) Item #5907 2891 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania does hereby constitute and appoint: Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc. Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000.100.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 10 day of July. 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7'a DAY OF FEBRUARY 2013. i � r Pr 1927 " W T r (Seal) �•^"• Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 76 day of February 2013. before me came the individual who executed the preceding instrument. to me personally known. and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company: that the said Corporate Seal and his signature were duly affixed. ra>araoa pffSPAL Y + DAMU E PDRATH. Notay Pubic Inger Merge iwp fouAq' Mr Carmen IMIr� 2MI Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwvd. PA March 22.2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this \I dey of rt Ip) Ct 0— -2016. �yerT r. ihS �., ��„r �y� Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary e : - 1927 927'k"j:':• Tj PHILADELPHIA INDEMNITY INSURANCE COMPANY afc cr} CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof 0MM& } On before me, OS(6 TU edO NePlidt+?"50 1 !Hare hruM rrems am oae a ahe oTaca) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS an I I seal. QROSIE TOLE00-NENOERSON Comm.i2086732 I'A^NOrARr PUBLIC -CALIFORNIA VI (LOS ANCf. N v. 15, Mr CO". EXP. Nov. NT 2018 4 0 ary Pu li ig tur (Notary Public Seal) I' ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with current Caltfonuar statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT tftreededshould becompleted and attacked tothe documen.Acknowledgments jronr otherslmes may be conipleredjor daaments be mg sent to that state so long ar the warding does not require the California wirmy to violate California notary law. (Title or description of attached document) (Tlle or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version wvtw.NotaryClasses.com 800-873-9865 • State and Courcy information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of nofartiation must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • ne notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notariaI[ion. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. halshehhey, is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The Trotary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. O Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. O Indicate title or type of attached document, number of pages and date. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secn4ary). • Securely attach this document to the signed document with a staple. Bond No.: PB 115104 00578 Premium: Included with Performance Bond 4 -- MATERIAL AND LABOR BOND Project: Temple City Veteran's Memorial (P16.02) KNOW ALL MEN BY THESE PRESENTS that Green Giant Landscape, Inc. , as CONTRACTOR and_.,___,Philadelphia Indemnity Insurance Company , as SURETY, are held and firmly bound unto the City of Temple City, in tint penal sum of One Hundred Eighty Seven Thousand Five Hundred and 001100s dollars ($187,500.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sunt, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City of Temple City for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Temple City; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. W WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 17th day of _August _-, 2016. CON— Green Landscape, ,Inc. �- 941-A Macy St., La Habra, CA 90631 - (562)690-6208 SURETY` Phil a hi Indemni Insu ce Company - 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 - (626)639-1325 Linda D. Coats, Attorney -in -Fad ` Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative Subscribed and sworn to this day of '2016, NOTARY PUBLIC: IV -4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On A- I_?>11Ir -1"-1 r;:3/11l-, before me. Date personally appeared Linda D. Coats Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names} is/we subscribed to the within instrument and acknowledged to me that he/sheft#" executed the same in 4ris/her/their authorized capacity(ee), and that by Na/her/their signature*on the instrument the person* or the entity upon behaff of which the persons} acted, executed the instrument. ADELAIDE C. HUNTER Commission A 1994447 -� Notary Public - Calilornia Orange County My Comm. Expires Oct 19. 20161, Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature AAu& "& Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-B00-876-6827) Item #5907 2892 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc. Its true and lawful Attonri in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 10 day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Altomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may he affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7m DAY OF FEBRUARY 2013. vwlv "P - (qgr 4v (Seel) ...w.x Robert D. O'Leary Jr.. President & CEO Philadelphia Indemnity Insurance Company On this T° day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company: that the said Corporate Seal and his signature were duly affixed. DAINELLE PORATH, Wary PLdc LowrlyledonTw n Man 0M 7Cou 1 Notary Public: residing at: (Notary Seal) My commission expires: March 22. 2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. 1 do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this ]�\ day of \ A I 1 IN I t t�� 20� - 1- ',�ua. +o " s��yTt, ZCraig P. Keller, Executive Vice President, Chief Financial Officer & Secretary tt <` b fe !t1 927 i "IB PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County oa,f)) 061 rat& ,}� On 5I a�1 �% before me, K05i6 TU1e61O yf�1�(�1/�Y( . here meat rinr am tae a tie #racer) personally appeared 2Yl PA (d L. f eodffSeYI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '(9111111 ROSIE i0LED0�HENDERSOX WITNESS a 4ndial seal. ' 7 comm.# 2086732 N Q NOTARY PUBLIC -CALIFORNIA ,N / LON ANGELES Nov.16, ,„ �E NY Coup EAP. v. 16, 1018 4 i P6 li tur (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-8739865 INSTRUCTIONS FOR COMPLETING THIS FORM Thaform complies with current California statutes regarding noway wording and, if needed should be completed and attached to the of c em Acbmwledgments from other states may be coi plemdfor docvmeats being sem to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) petsonully appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is Completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then ymrr title (notary public). • Print the name(s) of dcm wt signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshc,%hey— is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not Cover text or lines. If seal impression smudges, r seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 9 Additional information is not required but Could help to ensure this acknowledgment is not misused or attached to a different document. T Indicate title or type of attached document, number of pages and date. O Indicate the capacity claimed by the signer. If the claimed capecity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.