HomeMy Public PortalAboutAgreement_2017-02-07_Green Giant Landscape Inc_5800 Temple City Blvd Parking Lot Improvements P17-05LA
CITY OF TEMPLE CITY REVISED
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REVISED 7/29116
PUBLIC WORKS CONTRACT
5800 TEMPLE CITY BLVD. PARKING LOT IMPROVEMENTS
CITY PROJECT ID: P17-05
THIS AGREEMENT ("Agreement") is made and entered into this 7`" day of
February 2017, 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 California corporation], located at 941-A Macy St., 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 January 18, 2017, for the following:
5800 TEMPLE CITY BLVD. PARKING LOT IMPROVEMENTS
CITY PROJECT ID: P17-05
in the City of Temple City, California ("Project").
B. At 2 PM on said date, in the Temple City Council Chambers, the bids submitted
for the Project were opened.
C. At its regular meeting held on February 7, 2017, 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
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(e) Information Required by Bidder
(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
Q) 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, 2 and 3.
(u) Other documents (list here)
In the event there is a conflict between the terms of the Contract Documents, the more
specific or stringent provision shall govern.
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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 FOUR HUNDRED THIRTEEN THOUSAND EIGHT
HUNDRED NINETY SIX DOLLARS AND NINETY SIX CENTS ($413,896.96), 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
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(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 FIFTY
FIVE (55) working 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
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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;
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(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.
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(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) Comprehensive General Liabilitv. Prod ucts/ComDleted Operations
Hazard. Comprehensive 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:
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(i) Public Liability 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 Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1,000,000);
(iv) Contractual General Liability 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
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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.
CONTRACTOR
Green Giant Landscape, Inc. CITY OF TEMPLE CITY
By Donald Henderson. President By Brvan Cook, Citv Manaqer
Dace_ Date:
14. NOTICE F 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) Bindinq Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
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(d) Inteqrated Aareement. 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 Sianatures. 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) Severability. 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.
(j) 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.
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(1) Notices. All written notices required or permitted to be given under this
Agreement will be deemed made when received by the other Party 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
(Fax) (626)285-8192
To Contractor: Green Giant Landscape, Inc.
947-A Macy St
La Habra, California 90631
Attention: Donald Henderson, President
(Tel.) (562) 690-6208
(Fax) (562) 690-5029
Notice will be deemed effective on the date personally delivered or
transmitted by facsimile. 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 Parry 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 i day of V -Y) a r'C- 20 k by their respective
officers duly authorized in that behalf.
ATTEST:
�KAJ"
Peggy uo, City Clerk
Date: V""i U rCJ--1 I , 20 1
LA #4814-2634-9072 v3 t 1
REVISED 7/29/16
CITY OF TEMPLE CITY, a municipal
corporation
Bryan ok, City Manager
APPROVED AS TO FORM:
Erica C6 Y Attorne —�
Green Giant Landscape, Inc., a
California Corporation
By
LA #4814-2634-9072 v3 12
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OI
GREEN GIANT 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 LIC. A&C-27. # 670478
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,� ') day of r --b. , 20i i
Wecr_ear�y4 Rosie ole
941-A Macy Street • La Habra, CA 90631-3400 (562) 690-6208 • Fax (562) 690-5029
E -Mail: greengiantinc@aol.com / greengiantoffice@aol.com
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 Ora No }
On gi-33/l1 before me, -ROSie TDt4eodeV5oyi
t P U r-ne amwowma attar)
personally appeared lei t N 6( �0� L . j-�P y1G�evw-y l
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 my
(Notary Public Seat)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
Fide 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 800-873-9865
rf. ••"'"' 0 ROSIE TOLEDO•MENCE85ON
„ J CommA 2086732 '�pp
N i m NOTARY PUBLIC CALIFORNIA VI
LW ANOFL[f COUNTY
^..,,,,,w^ • MY Cort. EAP. Nov. 16. 2018 1
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed should be completed and attached to the document. Acknowledgments
from other states may, be completedjordocuments being sent to that state so long
as the wording does not require the California notary to violate California notary
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signer(s) personally appeared before the notary public for acknowledgment.
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Impression most not cover text or lines. If seal impression smudges, reseal if a
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i• Additional information is not required but could help to ensure this
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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 of
On before me, ►Rosi Tole6io f4eode(/SpYl
(Here naert mm�a erq tNa d ate atrNad
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.
I o-,rT ROSIE TOLE00•NENOIRSON
WITNESS my ha I eal.„I.
SO LOS
1C�e6FORNln N
LOS pIIOCLII COUNTY
l` — ,a WT ocaa. Err. Nov. 15, 4018It
Notary F'tl91NC';Inatuf Y (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title 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 wvnv.NotafyClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies wish current Cal forma statutes regarding notion, wording and.
if needed, should be completed and attached to the docamml. Acknowledgments
fiom other states mov, be courpletedfor documents being sent to that stale so long
as the wording does not require the California notary to violate California notary
Law.
• State and County information most be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization most 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 time 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
notarization.
• Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e.
he/she/they- is /are) or circling the mrrmt fortes. Failureto corectly indicate this
information may lead to rejection of document recording.
• The notary seal impression mum be clear and photographically reproducible.
Impression must not cover test or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment boon.
• Signature of the notary public most match the signature on file with the office of
the county clerk.
fi Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
fi Indicate title or type of attached document, number of pages and date.
t• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (.e. CEO, CFO, Secretary).
• Smurely attach this document to the signed document with a staple.
Bond No.: PB 115104 00637
Premium: $8,278.00
"premium is based on 100% of ft final contract amount"
AIA DOCUMENT A312TM - 2010
PERFORMANCE BOND
Any singular relarenca to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR
(Name, legal status and address):
Green Giant Landscape, Inc.
941-A Macy St., La Habra, CA 90631
OWNER
(Name, legal status and address):
City of Temple City
9701 Las Tunas Dr., Temple City, CA 91780
CONSTRUCTION CONTRACT
SURETY (Name and principal place of business):
Philadelphia Indemnity Insurance Company
251 S. Lake Avenue, Suite 360, Pasadena, CA 91101
Date: February 7, 2017
Amount: Four Hundred Thirteen Thousand Eight Hundred Ninety Six Dollars and Ninety Six Cents ($413,896.96)
Description (Name and location): 5800 Temple City Blvd. Parking Lot Improvements
City Project ID: P17-05
BOND
Date (Not earlier than Construction Contract Late): February 21, 2017
Amount: Four Hundred Thirteen Thousand Eight Hundred Ninety Six Dollars and Ninety Six Cents ($413,896.96)
Modifications to this Bond: W None L See Section 16
AS PRINCIPAL SURETY
(Corporate 7ao Company: (Corporate Seaq
ant L ndscape, Inc. . I Philadelphia Indemnity Insurance Company
Signatul �J l OKE Signature: act Na w
Name and Title: (� hR l - Aw v l 4/S 1 Attorney -in -Fact Name: Ma J. Coats, Attonney-in-Fact
pyr5t den+ -
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Coats Surety Insurance Services, Inc.
23046 Avenida de la Carlota, Suite 600
Laguna Hills, CA 92653
(949)457-1060
The language in this document confirms to the language used in AIA Document A312 -- 2010. Foran 15-02-0573 FED (rev. 7-10)
I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,
except when applicable to participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after:
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.
Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the
Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt
of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the
Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the
Surety's receipt of the Owners notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a
reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any,
subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to
the Surety or to a contractor selected to perform the Construction Contract.
4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a
condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates
actual prejudice.
5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Suretys expense take one of the
following actions:
5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor
selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in
Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of Contractor Default, or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under
the circumstances:
1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the
amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default
on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as
provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice
the Owner shall be entitled to enforce any remedy available to the Owner.
7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract. Subject to commitment by the Owner to pay the Balance of the Contract Price,
the Surety Is obligated, without duplication, for
1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or
failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor
2
The language in this document conforms to the language used in AIA Documen t A312 -- 2010. Form 1502-0573 FED (w. 7-10)
8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators successors and
assigns.
10 The surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,
purchase orders and other obligations.
11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which
the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two
years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was
to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. When so furnished, the intent
is that this Bond shall be construed as a statutory bond and not as a common law bond.
14 DEFINITIONS
14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after
all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the Construction Contract
14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default: Failure of the Contractor, which has not been remedied nor waived, to perform or otherwise to comply with
the term of the Construction Contract.
14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract
14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.
15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed
to be Subcontractor and the term Owner shall be deemed to be Contractor.
The language in this document conforms to the language used in AIA Document A312 n'- 2010. Form 15.02-0573 FED (rev. 7.10)
16 MODIFICATIONS TO THIS BOND AREAS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seaq Company: (Corporate Seal)
Signature:
Name and Title.
Address:
Signature:
Name and Title:
Address:
The language in this document confirms to the language used in AfA Document A312 -- 2010. Form 15-02-0573 FED (rer. 7.10)
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 FEB i 1 2017 before me, Adelaide C. Hunter, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Matthew J. Coats
Name(s) of Signer(s)
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/herRheir authorized capacity(jes), 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.
ADELAIDE C. HUNTER
Notary Public - California
Z i
Orange County
Commission N 2168064
IMy Comm. Expires Oct 19, 2020
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^Fi r
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(ies) 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:
02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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3839
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 me and lawful Attomey-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 I" 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 Attomey(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 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 binding 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 I e DAY OF JUNE 2013.
Ir"'N'yr
t o"'Ni
' G9�
r �yr:N•r
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
S'4o .........
w�df
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this I& day of June 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.
mnnntivw4l.�nnfPF.ratmvxaa
xr,eeb A Kmasq. NaaY aMc
raw MaM T W.'Mwla arr +rr
Is.NO ra
xAanorNos Notary Public:
residing at: Bala Cvnwvd. PA
(Notary Seal)
My commission expires: December 18 2016
1, Edward Sayago, Corporate 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 on this 107' day of June 2013 true and correct and are still to 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,
r
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this IJP day of &"Cl 20 / 3�-_-
�,
=a
' 1927
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
_ c
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 of Ora haiC'i
On 313 a 111 before me, Rosie To lo t4ek?de� 'son
t n••rt rnria atl meama aarerl
personally appeared l�lYiG (0� ( �IPYId�t/SCTf'1
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.
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMAT ON
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or descroon of atlached document)
(Title or desaipfion of altadtad document cont ued)
Number of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
2015 Version www.NotaryClasses.com 800-873-9865
.3.QROSIE TOLEOO-HENOERSOX
COMMA 2HENDER hcCANYoi RUSLI(?CNPr32 Los ANGELES CONNfr
Mt Cor, EXP. Nov. 13. MST
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding rotary wording and,
if needed should be completed and attached to the docsonent Acbtmeledgmrenis
from other states may be completedfordocmnents being sent to that state so long
as the wording dices not require the Califwnio rotary to violate California canary
law.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) 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 your title (notary public).
• Print the n ane(s) of document signers) who personalty appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (Le,
hdshehkey; is /aw) 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, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment faint.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
J Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
-0 Indicate title or type of attached document, number of pages and date.
4 Indicate the capacity claimed by the sign. If the claimed capacity is a
corporate officer, indicate the title (i.e. CFA, CFO, Secretary)
• Securely attach this document to the signed document with a staple.
(Title)
❑
Partner(s)
❑
Attomey-in-Fact
❑
Trustee(s)
❑
Other
2015 Version www.NotaryClasses.com 800-873-9865
.3.QROSIE TOLEOO-HENOERSOX
COMMA 2HENDER hcCANYoi RUSLI(?CNPr32 Los ANGELES CONNfr
Mt Cor, EXP. Nov. 13. MST
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding rotary wording and,
if needed should be completed and attached to the docsonent Acbtmeledgmrenis
from other states may be completedfordocmnents being sent to that state so long
as the wording dices not require the Califwnio rotary to violate California canary
law.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) 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 your title (notary public).
• Print the n ane(s) of document signers) who personalty appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (Le,
hdshehkey; is /aw) 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, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment faint.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
J Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
-0 Indicate title or type of attached document, number of pages and date.
4 Indicate the capacity claimed by the sign. If the claimed capacity is a
corporate officer, indicate the title (i.e. CFA, CFO, Secretary)
• Securely attach this document to the signed document with a staple.
Bond No.: PB 115104 00637
Premium: Included with Performance Bond
AIA DOCUMENT A312TM -2010
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR
(Name, legal status and address):
Green Giant Landscape. Inc.
941-A Macy St., La Habra, CA 90631
OWNER
(Name, legal status and address):
City of Temple City
9701 Las Tunas Dr., Temple City, CA 91780
SURETY (Name, legal status and principal place of business)
Philadelphia Indemnity Insurance Company
251 S. Lake Avenue, Suite 360, Pasadena, CA 91101
Date: February 7, 2017
Amount: Four Hundred Thirteen Thousand Eight Hundred Ninety Six Dollars and Ninety Six Cents ($413,896.96)
Description (Name and location). 5800 Temple City Blvd. Parking Lot Improvements
City Project ID: P17-05
BOND
Date (Not earliar than Construction Contract Date): February 21, 2017
Amount: Four Hundred Thirteen Thousand Eight Hundred Ninety Six Dollars and Ninety Six Cents ($413,896.96)
Modifications to this Bond: Ll None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seaq
I ndscape,Incc.
Signature: `i
Name and Title: 0. Lr• Kd-t✓
-J See Section 18
Company: (Corporate Seaq
Philadelphia Indemnity Insurance Company
Signature: t�
Attorney -in -Fact Name: lvlatkewJ. Coats, Attormey-in-Fact
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Coats Surety Insurance Services, Inc.
23046 Avenida de la Carlota, Suite 600
Laguna Hills, CA 92653
(949)457-1060
The language in this document conforms to the language used in AIA Document A312 -- 2010. Form 15-02-0574 FED (rev. 7.10)
I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of
the Construction Contract, which is incorporated herein by reference, subject to the following terms.
2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or
equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall
have no obligation under this Bond. i
3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of
claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for
labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of
such claims, demands, liens or suits to the Contractor and the Surety.
4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
The Surety's obligations to a Claimant under this Bond shall arise after the following:
6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for
whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished
materials or equipment included in the Claim, and
.2 have sent a Claim to the Surety (at the address described in Section 13).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating
the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7 2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for
which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs
thereafter to recover any sums found to be due and owing the Claimant.
The language in this document conforms to the language used in AIA Document A312 w. 2010. Form 16-02-0674 FED (rev. 7.10)
8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to
the Owner's priority to use the funds for the completion of the work.
10 The Surety shall riot be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of,
Claimants or otherwise have any obligations to Claimants under this Bond.
11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of
one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on
which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone
under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received.
14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
1s Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
The language in this document conforms to the language used in AIA Document A312+ - 2010. Forth 1602-0574 FED (rev. 7-10)
16 DEFINITIONS
16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and,
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date
of the Claim.
16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or
similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and engineering services required
for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
16.3 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
16.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
The language in this document conforms to the language used in AIA Document A312-- 2010. Form 1502-0574 FED (rev. 7-10)
18 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTORS AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seaq
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
The language in this document conforms to the language used in ALA Document A312 w- 2010. Form 1502-0574 FED (rev. 7-10)
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. J
State of California
County of Orange
On FEB Q 1 2017 before me,
Date
personally appeared Matthew J. 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 person(s) whose name(s) istare
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.
ADELAIDE C. HUNTER
Notary Public - California
orange County i
Commission a 2168064 [
11 My Comm. Expires Oct 19, 2020 T
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Cafrfomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature AIM/ C1
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(ies) 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 Fad
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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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 INDEMNrn INSLRANCE 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 tme and lawful Attomey-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 525.000.000.00.
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 I° 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 Attomey(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 Anomey 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 binding 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 I Om DAY OF JUNE 2013.
On this 100 day of June 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.
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{YrIp1�YaTr �Tl)f �I,bryr�ca,�nrrs4y
I�tralrttstU.rxaUmlmnasl
(Notary Seal)
Notary Public: LJ`-'
residing at:
My commission expires:
Bala Cvnwvd. PA
December Ig. 2016
I, Edward Sayago, Corporate 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 on this 10' day of June 2013 we and correct and are still in full force and effect. I do further cerify 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 FeLl,,M , 20_Z7_.
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PHILADELPHIA INDEMNITY INSURANCE COMPANY
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 100 day of June 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.
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{YrIp1�YaTr �Tl)f �I,bryr�ca,�nrrs4y
I�tralrttstU.rxaUmlmnasl
(Notary Seal)
Notary Public: LJ`-'
residing at:
My commission expires:
Bala Cvnwvd. PA
December Ig. 2016
I, Edward Sayago, Corporate 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 on this 10' day of June 2013 we and correct and are still in full force and effect. I do further cerify 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 FeLl,,M , 20_Z7_.
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1927 i ^)
Edward Sayago, Corporate Secretary
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PHILADELPHIA INDEMNITY INSURANCE COMPANY
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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 of Ora f14 P�
On b2I'i�'1'� before me, -Rosje oledo Nevider5oyi
n,ra wart rem. are troe a Ica• aXcer)
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.
1 certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESWhaan4 al seal ANOBIE 70L[DD•HEXDERSOX7',.f SIETOLE 2HENDER aVy NOTARY PUBLIC -CALIFORNIA Los ikkiti Fs COUNTY
u,o.M• kr Cort ESP. Nov. 15, MeNotary (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with —ent California statutes regarding ratarp wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT finede4 should be completed aalanoched to the di c em. Acknowledgments
from other states may be completedfardocaments being sent to that state so long
as the wording does not rerpdre the California notary to viohue CaLitiv ria notary
low.
(Title or desorption of altach d document)
(Title or descripum of attached domment continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(I Itle)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version twww.NotaryClasses.com 800-873-9865
• State and County information must be the State and County where the document .i
signer(s) personally appeared before the notary public for acknowledgment. _
• Date of notarization most be the date that the sigpersonally appeared which el
Com
must also be the same date core aclarorn
wledgmt iss completed. -'
• The notary public must print his or her name as it appears within his or he
commission followed by a comma and then your title (notary public). 11
• Print the mormm
els) of dorcsigners) who personally appear at the time of _
notarization, 01
Iii• Indicate the correct singular or plural fomhs by crossing off incorrect forms (i.e.
hetshrAhry; is law) Or circling the correct forms. Failure to correctly indicate Otis =
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, re -seal if a _
sufficient area permits, otherwise complete a different ackrwwledgneat form.
• Signature of the notary public must match the signature on file with the office of rl
the county clerk. _I
r+ Additional information is not required but could help to ensure this
acknowledgment is mat misused or attached to a different document.
4 Indicate title or type of attached document, number of pages and date. _
fi Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CFA. CFO, Secretary). H
• Securely attach this document to the signed document with a staple. •�