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Home My WebLink AboutC-2013GA Ge�'K's ORIGINAL 1100-80 AMENDMENT NO. 7 TO 2003 -2004 STREET STRIPING AND c e aO 13 PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. This Amendment No. 7 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Traffic Operations, Inc., with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement "). The parties agree as follows: The term of the Agreement is extended to and including September 25, 2010. 2. For the period of the extension of the contract, the total consumption payable by the City to the Contractor shall not exceed SEVENTY THREE THOUSAND FOUR HUNDRED SEVENTY DOLLARS AND NO CENTS ($73,470.00) 3. General Provisions (page GP -20) Section 10 shall be amended to include the following language: Immigration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). 4. All of the terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 7 on the date set forth below. CITY OF ARCADIA 10 Pte.,..._ Donald Penman City Manager Dated: Dd'-A ,.txa I. agoq (SEAL) TTES : �A il�t* y 011rk 011r Date COIN. Pat Malloy, As istant City Manager/ Public Works Services Director TRAFFIC OPERATIONS, INC. By. Michael A. Izzi. Jr. (Print name) President (Title) c Dated: RIDER ISSUED IN THREE (3) ORIGINAL COUNTERPARTS COUNTERPART NO. Z OF 3 Obligee: City of Arcadia 11800 Goldring Road Post Office Box 60021 Arcadia, CA 91066 -6021 Re: Bond Number: NSC20035 =,E PRENs(OM i5 PREDICATED (k HE FINAL CONTRACT PRICE ANC is SUSJEC' TO AMSTMENT Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above - mentioned bond, other than stated as below. This rider is effective September 25, 2009, and is to be attached to and form a part of the above captioned bond. This Rider is on behalf of Traffic Operations, Inc., and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: The term of the bond is extended to and including- September 25, 2010 • The bond amount is changed to read Seventy Three Thousand Four Hundred Seventy Dollars and 00 /100's ($73,470.00) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 25th day of November, 2009. WESTERN INSURANCE COMPANY Cladding, Attorney -In -Fact t CALIFORNIA • ACKNOWLEDGMENT �c�.�,�. e .�,�>!� �.�,;�c -�>�.. �, Sic >�S�S!�S�z�J�> �.a.,�.�Sr.�Stis�S�.�a.'..,,�s �,- S , .. S . ��..a,�a�.vv\, S• State of California County of Riverside On NOV 2 5 2009 before me, Michele M. Qualls, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Julia B. Gladding Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) isAffe subscribed to the within instrument and acknowledged to me that � he/she/" executed the same in hWher /the* authorized _ MICHELE M. QUALLS COMM. #1704204 capacity({e&), and that by Ws /her /their signature(&) on the NOTARY PUBLIC - CALIFORNIA instrument the personal, or the entity upon behalf of RIVERSIDE COUNTY My Comrr. Expires Nov. 11, 2010 which the person(,* 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 hand and official seal. Signature _� 1'L `'0r� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .• 4�✓ 4�✓ 4�-✓ 4�✓4�✓4C✓4C✓4�✓4�✓G�4C✓4`✓4<✓4� 4�✓4�✓, 4�✓4C✓4�4' ✓4�4�✓4�✓4�✓4� 4�- d4�✓ 4�✓ 4�✓ 4C✓ 4�✓ 4�✓. �✓ 4�✓ 4�✓ 4C ✓4�✓4�✓4�✓4`✓4C✓4�✓4�✓4C✓.C✓4C✓ ISSUED IN THREE ORIGINAL COUNTERPARTS t' COUNTERPART NO. �_ OF 13 BOND N0, NSC20035 WESTERN INSURANCE COMPANY POWER OF ATTORNEY 327432 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Kenneth A. Coate, Julia B. Gladding Of the STATE OF NEVADA its true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19'h day of June, 2006. WESTERN INSURANCE COMPANY '0 ,. (Signed) By ° SEAL President t nd (Signed) By G Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 194h day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the sai L. OTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said A'E$-TE SURAA COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they ea a seal of c ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix d by.o er of the B�� rectors of id corporation, and that they signed their names thereto by like order as PRESIDENT tRETARY r clt�the y. My Commission expires the 31st dq�� arch, 201 O� T� Ql ... ..............................4 ..........., PATRICIA A. LETSON �nFed) Notary Public -State of SON i A" tRW d amw iaA. Letson Notary Public ' No :06104433 -2. Expres.....,..... 1, j i...... ... ............................ :��((��j(� This Power of Attorney is granted l� 9y authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAI June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s) -in -Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTFaRN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not b'ei 'M4oked .•.. - In Testimony Whereof, I have heret&i s4rm -tl;e-sa;ilof the WESTERN INSURANCE COMPANY on this 25th day of November +`o .o,,,' .. - Secretary SEAL - 104 • - ALL-PURPOSE • • State of California County of Riverside On NOV' 2 5 2009 before me, Michele M Qualls Not Publ� c Date Here Insert Name and T tle of the Officer personally appeared Michael A. Izzi, Jr. 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 /her /their authorized capacity(ies), and that by his /her /their signature(s) on the MICHELE M. instrument the person(s), or the entity upon behalf of COMM. #1704204 which the person(s) acted, executed the instrument. NOTARY PUBLIC - CALIFORNIA N RIVERSIDE COUNTY My Comm. Expires Nov. 11, 2010 1 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 off' ial seal. Signature 9 1/! Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of . here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER C2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NabonalNotary.org Item 55907 Reorder: Call Toll -Free 1 -B00- 876 -6827 CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. ContraOtYr / By: / i u► BIC -4 100 -so C - 20t3 -(o AMENDMENT NO. 6 TO 2003 -2004 STREET STRIPING AND PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. This Amendment No. 6 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Traffic Operations, Inc., with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. Effective March 10, 2009, the annual contract amount shall be reduced by seven percent (7 %). The revised total annual compensation payable by the City to the Contractor shall not exceed SEVENTY -THREE THOUSAND AND FOUR HUNDRED SEVENTY DOLLARS ($73,470.00) 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA By: Donald Penman City Manager Dated: 3 31 J,) 4 (SEAL) TTEST 3� b(i 'Ity CI Ir R bate R: Pat Malloy, Askistant ity Manager/ Public Works Services Director TRAFFIC OPERATIONS, INC. MI, ,/, IN i/ Michael A. Izzi. Jr (Print name) President (Title) Dated: 2-02s O • AMENDMENT NO. 5 TO 2003 -2004 STREET STRIPING AND PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. This Amendment No. 5 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Traffic Operations, Inc., with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2009. 2. Extension reflects a 2.0% Cost of Living Adjustment (COLA). 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA By: �5)C-)O p ?�_ Donald Penman City Manager Dated: 1 o /v f a B , 2008 (SEAL) ATTEST: 2'n$ City Cler Date TRAFFIC OPERATIONS, INC. Michael A. Izzi. Jr (Print name) President (Title) O Dated: , 2008 APPROVED AS TO FORM: CONCUR: Stephen P. Deitsch, City Attorney Pat alloy, 9 ssistant City Mgr/ Public Wor s Services Director ISSUED IN THREE ORIGINAO • 1 OF 3 Date: September 26, 2008 RIDER Obligee: City of Arcardia 11800 Goldring Road Post Office Box 60021 Arcadia, CA 91066 -6021 Re: Bond Number: NSC20035 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. GENTLEMEN: This rider is effective September 25, 2008 and is to be attached to and form a part of the above captioned bond. This Rider is on behalf of Traffic Operations, Inc. and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND: The term of the bond is extended to and including September 25, 2009 The bond amount is increased to Seventy Nine Thousand Dollars and 00 /100's ($79,000.00) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. d / Signed this 26th day of September, 2008. WESTERN INSURANCE COMPANY By: Ij B. Gladding, Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside 1 SEP 2 8 2008 Michele M. Qualls Notary Public On before me, v Date Here Insert Name and Title of the Office! personally appeared Julia B. Gladding ^,^—l" MICHELE M. QUALLS " COMM. #1704204 a NOTARY PUS IC cc LIFORNIA "Vni RIVERSIDE COUNTY MY Comm. Expires Nov. 11, 2010 .. 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 hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sfgner(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee - Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association -9350 De Soto Ave., PO. Sox 2402•Chattrxorth, CA 91313-2402 - w NatlonalNotaryorg Item .5907 Reorder: Cell Tofl -Free 1- 800- 876 -6927 W BOND NO.: NSC20035 WESTERN INSURANCE COMPANY POWER OF ATTORNEY 316288 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organised and existing under the laws ofthe State of Nevada and having its principal office at the City of Reno, in the.State of Nevada, does hereby - constitute and appoint - Kenneth A. Coate, Julia B. Gladding - Of the STATE OF NEVADA its true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, - to sign its name as surety to, and to execute, seal and acknowledge any and all bonds. undertakings, contracts and other written - instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the ' { "tperformance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in my actions or proceedfings 7 allowed by law. In Witness Whereof; the said WESTERN IN SURANCL COM PAN Y'has caused this instrument to be sealed with its . 'corporate seal; duly attested by the signatures of its President and Secretary, this 19 "' day of June, 2006. - y WESTERN INSURANCE COMPANY j - - 1 - '(Signed) BY j 6EAL President i tow ,6 , (Signed) By Secretary . STATE OF NEVADA) COUNTY OF WASHOE) _ On this 19" day of June, 2006, before me personally came DICK L. ROT AN, PRESIDENT of the WESTERN ' INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of saiddo0i ,, with both of whom 1 am personally acquainted, who being by me severally duly swom, said, that they, the said) L. ROTTMAN and CAROL B. INGALLS were • respectively the PRESIDENT and the SECRETARY of the said �_�((ftC�'E N INSU'.R�yyApyf COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eaa1�A the seal etfFaJC+tc�orporetion; that the ,seal affixed to said Power , of Attomey was such corporate seal, that it was so af6 b}forder of thc,Bqq NeD-irectors ur� id corporation, and that they signed their names thereto by like order as PRESIDEN ,�' RETAR ri1�LcSvcly, of t�n�Sgi3„y. My Comm,ssion cxprres the 3,lstd•.tarch. 2�0 " Si(-3l� ....... ....r ( 3 PATRICIA A tETSON`S(S,gned) - w,�'� - - M1"I'1 Yr bl 9 1 fJQfyAHlj. ,c� H 1 cis A. Letson Notary Public This Power of Atmmey is grantee,,��tli��r it by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANYT on June 19, 2006. - RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed (, as Attorncy(s) -in -Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, iir a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company maybe affixed by - facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) -in -Fact toopurposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsiinile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. - RESOLVED, that Attomey(s) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, f subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to . attach the seat of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof; and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as i f signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certifythat the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is , in full force and effect. - - 1, the undersigned Secretary of the WE, ST ERNANSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has no' revoked n� K<,ir In Testimony Whereof, I have}iereumo set my hmtd nnli'ih�e seal of the WESTERN INSURANCE COMPANY on this ' 28th of September p,, T 21706r /1 4 U• �+: \ Secetary `6EAL ; , ORIGINAL AMENDMENT NO. 4 TO 2003 -2004 STREET STRIPING AND PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC Ojty�e_Ta,a % °�� OPERATIONS, INC. This Amendment No. 4 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Traffic Operations, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2008. 2. Extension reflects a 2.0% Cost of Living Adjustment (COLA). 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA By: U William R. Kelly, City Manager Dated: �4" 2007 (SEAL) A )S A'A N, City C rk Date APPROVED AS TO FORM: A .1� Steph n P. Deitsch, City Attorney TRAFFIC OPERATIONS, INC. By. 1?- Michael A. Izzi. Jr. (Print name) President (Title) Dated: S 2007 CONCUR: Pat Malloy Public WorI4 Services Director 0 CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. Cont actor By: NA- Title: ISSUED IN THREE ORIGINAL CARPARTS • BOND NO. NSC20035 COUNTERPART NO. �_ OF — - PREMIUM: $1,544.00 FAITHFUL PERFORMANCE BOND ORIGINAL 100% of Contract Price THE PREMIUM IS PREDICATED ON KNOW ALL PERSONS BY THESE PRESENTS: THE FINAL CONTRACT PRICE ANO IS SUBJECT TO ADJUSTMENT That Traffic Operations, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and 'Western Insurance Company m corporation duty organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SEVENTY SEVEN THOUSAND TWO HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($77,218.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: STREET STRIPING AND PAVEMENT MARKING SERVICES which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 29th day of August Traffic Operations, Inc. Prin ipal , By. Ry, (SEAL)' i31C•:T?; 0 State of California County of j O5 ACKNOWLEDGMENT On,�i7��7before me, A Q7)A8Ny %'!l%1�7y�lL, (here insert name and title of the officer) personally appeared /% /e % -% Cl A ^Z2 _ rte, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /s,(e /they executed the same in his /Ior /tKr authorized capacity(ies), and that by his /�O/t17Cir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ] A R DADMHOY t a COMM. #1703038 �n ,, Signature cG ui MYCWMa�. DV4,an0 (Seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On AUG 3 0 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared JULIA B. LEONARD ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their M signature(s) on the instrument the person(s), or the entity upon �UALLS behalf of which the person(s) acted, executed the instrument. r ( MI LC CHCM � J COMM, M #i 1704204 2 4j ll NOTARY rLBLI CALIFORUA o; ��4 yfif� ! drCR r CO.'N7Y {{ tr /Corr. t cir 4 c11,?n��tocAR WITNESS my hand and official seal. of Notary Public Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09/00 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner -E] Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,t .ISSUED'IN THREE ORIGINA L AE RPARTS COUNTERPART N0. .°1" OF ,AbD NO. NSC20035 WESTERN INSURANCE COMPANY 311094 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That R'ESTERN INSURANCE COMPANY, a corporation organized and ' existing under the laws of theState of Nevada and having its principal, office at the City of Reno, in the State of Nevada, does hereby' constitute and appoint Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard _ Of the STATE OF NEVADA its true and IawfuFAttomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or_proceedings allowed by law.... .. .. - _ In Witness,Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its - corporate seal, duly attested by the signatures of its Tresident and Secretary; this 191° day of June, 2006. . WESTERN (INSURANCE COMPANY ( I'IW Signed) BY - - 'SEAL - President tau Z47014-040 ' 'Secretary - STATE OF NEVADA), SS: COUNTY OF WASHOE) On this 19" day of June, 2006, before me personally came DICK L. ROTT AN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS,. SECRETARY of said C with both of whom'Iam personally acquainted, who being by me severally duly sworn sauL that they, the sai OTTMAN and CAROL B. INGALLS were respecnvely the PRESIDENT and the SECRETARY of the said W E SURAN 'COMPANY, the corporation described in ` which executed the foregoing Power of Attorney, that they eac�e seal of-5,zijEt 9 ration; that the seal affixed to said Power of Attorney was such corporate seal that it was so affix yet r of the B d jjJ rectors ofy�°}id curporatioq and that they signed , their mines thereto by like, order as PRESID �lfi GT= RY,. tttrely, ft `c�Cn#edh}+., My Commission expires the 3lst a arch, 20l <y P r PATRICIAA. LETSON ',C'�(Signed) vx • w1W •- - o N:1"]iy bl Iq'G OI Np PLI l a A. Letson Notary Public - MCI - This Power of Attorney is granted�yj� c�'3rttl�by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAIJIS'8June 19, 2006. , RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, 'contracts and other instruments relating to said business may be signed; executed, and acknowledged by person or entities appointed as Attornev(si -in -Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and _ on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the .. - President, or a Vice President, jointly with the Secretary; under their respective designations. The signature of such offtcersmay be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may affixed by. - - facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing _.. and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject - to any limitations set forth therein any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. - _ RESOLVED, that Attomey(s) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, - subject to the terms and limitations of the Power of Attomey issued to them, to execute and deliver on behalf of the Company and to attach thc,seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such'Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and ` scaled and attested to by the Secretary of the Company.. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a ' tme excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. - I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of - -Attorney is in full force and effect and has not been revoked 'xtdtt7 l'T'l.)zfff.,. -' In Testimony V,rher f, I have hereunto set m ; ��J.and [hr''seabof(the W ESTERN INSURANCE COMPANY onthis . 30th ,day of y August ti MoF ' $CCreffiry .SEAL v, 'ISSUED IN THREE ORIGINAL C RPARTS - - -- • BOND NO, NSC20035 COUNTERPART NO. I OF PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND ORIGINAL LABOR AND MATERIAL BOND (1 O0% of Contract PrZe) rHE PREMIUM III PREDICATED ON THE FINAL CONTRACT PRICE AND kNOWALL PERSONS BY THESE PRESENTS: IS SUBJECT TO ADJUSTMENT That Traffic Operations, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and Western Insurance Company State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum SEVENTY SEVEN THOUSAND TWO HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($77,218.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: STREET STRIPING AND PAVEMENT MARKING SERVICES which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 29th day of August , 2007. Traffic Operations, Inc. We: Pri 'pal - Su By: By: (SEAL) Fact 0 0 ACKNOWLEDGMENT State of California County of LDS Ll.vl�� 5 On - co7before me, (here insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and 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. WITNESS my hand and official seal. A. FR- o Nw"* Signature *Comm.r. (Seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On AUG 3 0 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD Name(s) of Signers) ❑ personally known to me -OR- ❑ proved to '° HELE M. QUALLS I' COMM. #1704204 D � 'SS -'' NOTARY PUBLIC - CALIFORNIA �' s RIVERSIDE COUNTY My Comm. Expires Nov. 11, 201 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. WITNESS my hand and official seal. -------------------------------------- OPTIONAL--------- ---- ------------- -------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): _ ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09100 General Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General ISSUED IN THREE ORIGINAL ' COUNTERPART NO. I OF WESTERN INSURANCE COMPANY NO. NSC20035 311094 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard Of the STATE OF NEVADA its true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19 "' day of June, 2006. WESTERN INSURANCE COMPANY (Signed) By g `SEAL President �.AIlry (Signed) By & STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19' day of June, 2006, before me personally came DICK L. INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said acquainted, who being by me severally duly sworn, said, that they, the sai respectively the PRESIDENT and the SECRETARY of the said WFE which executed the foregoing Power of Attorney, that they eac46kwe seal c of Attorney was such corporate seal, that it was so affixAidby,srder of the 'Bo�(� their names thereto b like order as PRESIDENT TARY, e�aF:tit% My Commission expires the 31st ka arch, 2 " t. % PATRICIA A. LETSON N°ie,yPLNI StainM Ntyx,. Letson 4N, PRESIDENT of the WESTERN with both of whom I am personally TMAN and CAROL B. INGALLS were ,(�F- COMPANY, the corporation described in Pmnion; that the seal affixed to said Power ors of aid corporation, and that they signed a- Notary Public This Power of Attorney is granted by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAN t June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Anorrtcy(s) -in -Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terns and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a tme excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. 30th In Testimony gereotf, 1 have hereunto set my ,� and the seal of the WESTERN INSURANCE COMPANY on this day of ugus 01 Secretary 1994 0-A411 aC-7Z>L • • ORIGINAL AMENDMENT NO. 3 TO 2003 -2004 STREET STRIPING AND 1`p0 PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. This Amendment No. 3 ( "Amendment') is hereby entered into by and between the City of Arcadia, a.municipal corporation of the State of California, and Traffic Operations, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2007. 2. Extension reflects a 2.0% Cost of Living Adjustment (COLA). 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By: W-1-19A William R. Kelly, City Manager Dated: 4'AP 2006 (SEAL) ATTEST C y Clerk Date APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney TRAFFIC OPERATIONS, INC. By. Michael A. Izzi. Jr. (Print name) President (Title) Dated: 2006 CONCUR: —� Pat Malloy Public Works Services Director tr4� ISSUED IN THREE ORIGINAL COUNTERPARTS BOND N•233518 COUNTERPART NO. / OF 0 PREMIUM: $1,893.00 FAITHFUL PERFORMANCE BOND 100% of Contract Price THE PREMIUM IS PREDICATED ON ORIGINAL KNOW ALL PERSONS BY THESE PRESENTS: 19SUBJEC TOADJUSTME T IS SUBJECT TO ADJUSTMENT That Traffic Operations, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors A corporation duly organized and doing business under and oy virtue oT the laws oT the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SEVENTY FIVE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND NO CENTS ($75,704.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: THE TERM OF THE AGREEMENT IS EXTENDED TO AND INCLUDING SEPTEMBER 25, 2007. STREET STRIPING AND PAVEMENT MARKING SERVICES AMENDMENT NO. 3 TO 2003-2004 STREET STRIPING AND PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 8th day of September Traffic Operations, Inc. Prin "pal By: Sy (SEAL) BIC -1 2006. Contractors Indemni Julia B. Leonard, Attorney In Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On SEP 0'8 2006 before me, Danna K. Baker, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Julia B. Leonard, Attorney in Fact Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to DA.NNA...o�„ K. BAKER n COMM. #1386368 NOTARV PUBLIC - CALIFORNIA RIVERSIDE COUNTY ' �rsv=° M Cnmm. Ezpirea Nov. 22, 2006 k..a . me on the basis of satisfactory evidence to be the persons) 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. WITNESS my hand and official seal. Jet y m Signature of Notary Public ---------------------------------------- OPTIONAL--------- --- -- -- ------------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this to= to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of Thumb here Signer Is Representing BD -1133 09 /00 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General ?r . ISSUED IN THREE ORIGINAL COUNTERPARTS _COUNTERPART NO. / OF -_ American Contractors Indemnity Company y' 9841 Airport Blvd, 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation,- does hereby appoint, Mark N. Gladding, Kenneth A. Coate or Julia B. Leonard of Riverside, California 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 S ** *1,000,000.00 ** *Dollars This Power of Attorney shall expire without further action on March 18, 2007. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6"' day of December. 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Atiorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER that the signatures of such officers and the seal of the Company maybe affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15" day of December, 2003. = ytYACTOi�j�yo 3 [NCOAP00AED _ W SEPL 26,1990 e STATE OF CALIFORNIA •�i *• COUNTY OF LOS ANGELES AMERICAN C NTRACTORS INDEMNITY COMPANY By: Robert F. Thomas, Chief Executive Officer On this 15" day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. Signature of Notary My Commission expires March 18. 2007 DEBORM NEESE _ COmmNalon M 14061 d9 z Notary Pubdc - CaAI. Y Los Angeles County My Comm. Expires Mar 18, 2007 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 8th Bond No. 233518 Agency No. #2055 day of September 200 6 'In Jeann J. Kim, Co orate Secretary Rm. POA 12 115/03 ISSUED IN THREE ORIGINAL COUNTERPARTS BOND 1233518 COUNTERPART NO. J OF �� PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND LABOR AND MATERIAL BOND ORIGINAL, (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That - Traffic Operations, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and America Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum SEVENTY FIVE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND NO CENTS ($75,704.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: THE TERM OF THE AGREEMENT IS EXTENDED TO AND INCLUDING SEPTEMBER 21.c5, 2007. STREET STRIPING AND PNO P�v%F�T M� 1F C'S SE ��E AMENDMENT N0. pp3 TO 20003-2004 STREET STRIPING AND P V PARK R C S CT Y AND BETWEEN Wf11CIiTC..0rr1Ir8Cl -is DNyD tlhls r6ference indo�porated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF. we have hereunto set our hands and seals This 8th day of Traffic Operations, Inc. Prin ipal By: G By: (SEAL) &C-2 2006. Amerj "carr/ Contractors Indemni Julia B. Leonard; Attorney In Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On SEP 0 8 2006 before me, Danna K. Baker, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Julia B. Leonard, Attorney in Fact Name(s) of Signers) ® personally known to me -OR- ❑ proved to N _ y DANNA K. BAKER COMM. #1388388 NOTARYVUBUC-CALIFORNIA RIVERSIDE COUNTY M Comm. Expires Nov. 22, 2000 me on the basis of satisfactory evidence to be the person(s) whose names) 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 /hedtheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. of Notary Public ---------------------------------------- OPTIONAL---------- ----------- ----------- ------ --- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(iss) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09 /00 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ISSUED IN THREE ORIGINAL COUNTERPARTS .. COUNTERPART NO. �_ OF American Contractors Indemnity Company 7( - 9841 Airport Blvd., 9`" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Mark N. Gladding, Kenneth A. Coate or Julia B. Leonard of Riverside, California 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 $ ** *1,000,000.00 *"Dollars This Power of Attorney shall expire without further action on March 18,2007. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. `RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority L To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, 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 ofAtownev or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anv such power so executed and certified by,facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15i° day of December, 2003. FNWT10 AMERICAN C NTRACTORS INDEMNITY COMPANY SEPT. 46,1990 < By. ,p Robert F. T omas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 15`h day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. ✓lei.,-- - Signature of Notary My Commission expires March 18, 2007 DEBORM REESE _ @IAy CommlwWn / 1406149 NotaPubBC Ca0lomla Los Angeles County Comm. Expkm Mar 18, 2007 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 8th day of September 200 6 ,lam �n Bond No. 233518 Jearime 7. Kim, Co orate Secretary Agency No. #')055 R-. POA 12I15An CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. BIC-4 ORIGINAL AMENDMENT NO. 2 TO 2003 -2004 STREET STRIPING AND G 203_ Z an D A PAVEMENT MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. This Amendment No. 2 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Traffic Operations, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2006. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA By: = =� William R. Kelly, City Manager Dated: - 2005 Ak?,FROVED A6). FORM: City Attorney TRAFFIC OPERATIONS, INC. By: 0 Michael A. Izzi. Jr. (Print name) President (Title) Dated: 2005 Pat;Malloy Publio Works Services Director 2Z GALIFVRNIA 0 State of C 44e 626 l County of (145 0 On Z 2-00_5 before me, f} Q DAl;)/QKH oy— Nyi yftJekiL DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared 1`11C^44571 fI a% Z2�( 'S Q I NAME(S) OF SIGNER(S) ,personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /qfb /tlley executed the same in his /hdr /their authorized capacity(ies), and that by his /hjer /their signature(s) on the instrument the person(s), or the entity upon behalf of which the AR DADABHDY person(s) acted, executed the instrument. AW comm. #7389535 Notary Publk- Call(omla y LOSANGELESCOUNTY WITNESS my hand and official seal. My Comm. Exp. Da 10, 2008 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ORIGINAL THE PREMIUM IS PREDICATED ON THE ISSUED IN THREE ORIGINAL COUNTERPART# OBIMSUINALCONTRACTPREN AND [�91B11N�IDI:T T(�{gyfD1ENI. COUNTERPART NO. PREMIUM: $1,893.00 FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That _ TRAFFIC OPERATIONS, INC. , hereinafter referred to as "Contractor" as PRINCIPAL, and AMERICAN CONTRACTORS INDEMNITY COMPANY A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SEVENTY FIVE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND NO CENTS ($75,704.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: STREET STRIPING AND PAVEMENT MARKING SERVICES which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain In full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 6TH day of SEPTEMBER TRAFFIC OPERATIONS, INC. Principal By: 4� (SE L) 184/1/1001 AMER,F6AN CONTRACTORS INDEMNTIY COMPANY RJUB. By EONAR D, ATTORNEY -IN -FACT: BIC -1 IA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On SEP 62005 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in UP S.L. KYSETH his /her /their authorized capacity(ies), and that by his /her /their g; COMM. #1528013 signature(s) on the instrument the person(s), or the entity upon !C NOTARY PUBLIC•CALIFORNw behalf of which the person(s) acted, executed the instrument. RIVERSIDE COUNTY M Ca IV Expires Nov. 19. 2008 WITNESS nw brand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Signer Is Representing: BD -1133 09/00 Signer Is Representing: ISSUED IN THREE ORIGINAL COUNTERPARTS cii O American Contractors Indemnity Company cEC 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Mark N. Gladding, Kenneth A. Coate or Julia B. Leonard of Riverside, California 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 $ * ** 1,000,000.00 ** *Dollars This Power of Attorney shall expire without further action on March 18, 2007. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6" day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or cert f cote relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15'" day of December, 2003. �o�tppCTokr/G AMERICAN C NTRACTORS INDEMNITY COMPANY S INIOFPOAAIED �D a SEPf.26,im By: Robert F. T omas, Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 15" day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORAH REESE / Commbilon N 1406149 Notary Public - CaDlomla Signature of Notary Los An"Ies County My Commission expires March 18, 2007 My Comm. ExpYes Mar 18, 2007 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 6TH day of SEPTEMBER 2005 Bond No. 233518 Jeann J. Kim, Co orate Secretary Agency No. #2055 Rev_ POA 12/15/03 ORIGINAL X ISSUED IN THREE ORIGINAL COUNTERPART • BOND NO: 233518 COUNTERPART NO._ PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That TRAFFIC OPERATIONS, INC. hereinafter referred to as "Contractor" as PRINCIPAL, and _AMERICAN CONTRACTORS INDEMNITY COMPANY A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum SEVENTY FIVE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND NO CENTS ($75,704.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: STREET STRIPING AND PAVEMENT MARKING SERVICES which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 6TH day of SEPTEMBER _ 200.55. TRAFFIC OPERATIONS INC. Prin ' al By: By: (SEAL) BIC -2 AMERICAN CONTRACTORS INDEMNITY COMPANY Stlre . LEONARD, ATTORNEY -IN -FACT - - CALIFORNIA ALL -PUI State of CALIFORNIA County of RIVERSIDE On SEP 62005 ACKNOWLEDGEMENT before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of officer (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signers) ® personally known to me -OR- ❑ proved to LeM S.L. KYSETH COMM. #1529013 NOTARY PUSLIC •C+LLIFORNU. RIVERSIDE COUNTY Comm. EX Ims Nov. 18 2008 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. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BO -1133 09100 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ISSUED IN THREE ORIGINAL COUNTET(PARTS efC'�cO American Contractors Indemnity Company S 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Mark N. Gladding, Kenneth A. Coate or Julia B. Leonard of Riverside, California 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 $ * ** 1,000,000.00 ** *Dollars This Power of Attorney shall expire without further action on March 18,2007, 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings, contracts of'indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, 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 or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Companv and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15" day of December, 2003. �t�,►,CiO,pf� AMERICAN CONTRACTORS INDEMNITY COMPANY INCORPORATED SEP126,IM By: ,p Robert F. T Lomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 15" day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. Signature of Notary My Commission expires March 18, 2007 DEBORAH REESE qkCommbdon N 1406149 Notary Maio - CaRlornla Los Angeles County y Comm. Expires Mar 18, 2007 1, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 6TH day of SEPTEMBER 2005 . � Q0110; Q0110; e 0 . / . / 1 10 Bond No 233518 Jeanne J. Kim, Co orate Secretary Agency No. #2055 Rev. POA 11115:6) • CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. BIC -4 s, &+� Ctm- K ORIGINAL AMENDMENT NO. 1 TO 2003 -2004 STREET STRIPING AND PAVEMENT MARKING SERVICES CONTRACT BY AND — BETWEEN THE CITY OF ARCADIA AND TRAFFIC OPERATIONS, INC. I. 100 - sz�D This Amendment No. 1 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Traffic Operations, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2005. 2. Extension reflects a 1.4% Cost of Living Adjustment (COLA). 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA By: O tint William R. Kelly, City Manager Dated: WA .2004 APPROVED AS TO FORM: �l P. City Attorney TRAFFIC OPERATIONS, INC. By. Michael A. Izzi. Jr. (Print name) President (Title) Dated: .2004 �C CUR: Pat Malloy Public Works Services Director ARDADASHOY COM.9133:535 m Notary Pub"... INOT�a y W ' ® LOS ANGELES COUNTY MY Comm. Exp. on 10, 2000 I Mt FHWIUM 15 PRmIGMU ON ORIGINAL 3ERSRNA�TCiDNMUPRIGEAN 0 ISSUED IN THREE RIGINAI COUNTERPARTS BOND NO: 233518 COUNTERPART NO.) PREMIUM: $1,893.00 FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That TRAFFIC CPERATIONS, INC. hereinafter referred to as "Contractor" as PRINCIPAL, and AMERICAN CONTRACTORS INDEMNITY COMPANY A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SEVENTY -FIVE THOUSAND SEVEN HUNDRED FOUR AND DO /100 -------------------------- ----- --------- ($75,704.00) „ lawful money of the United States of America for the payment oT which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2003 -2004 STREET STRIPING AND PAVEMENT MARKING SERVICES PURCHASE ORDER NO: 75763 which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 23RD day Of SEPTEMBER TRAFFIC OPERATIONS. INC (SEAL) 20C 4 AM .A CONTRACTORS INDEMNITY COMPANY. �. -• Sur t CULIA B. LEONARD, ATTORNEY- IN -FACYr BIC-1 RNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On \ SEP 2 3 2004 before me, DANNA K. BAKER, NOTARY PUBLIC personally appeared JULIA B. LEONARD, ATTORNEY -IN -FACT Name(s) of Signers) ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their L >ri� t NA K ��K, t2 signature(s) on the instrument the person(s), or the entity upon CONi1 #1386368 behalf of which the person(s) acted, executed the instrument. %NOT:4Ry PUS! iC ^AL NIA rn I, rRly =RSOecouni WITNESS my hand and official seal. � y . anan. Erp!rss Nov. 22. "eJ06 —_---_— __OPTIONAL--- -------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09 /00 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 ISSUED IN THREE ORIGINAL COUNTERPARTS American Contractors Indemnity Company <EC %� 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Mark N. Gladding, Kenneth A. Coate or Julia B. Leonard of Riverside, California 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 S * * *] 000,000.00 ** *Dollars This Power of Attorney shall expire without further action on March 18, 2007. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6`h day of December, 1990. "RESOLVED that the Chief Executive Oflicer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures afsueh officers and the seal ojthe Company may be affixed to any such Power ofAttorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`h day of December, 2003. FS�CTO�,, AMERICAN C NTRACTORS INDEMNITY COMPANY yQ INCDO GTE0 SEPT.2a,1990 ; By ,o Robert F. Aomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 15`h day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNEpSS my hand and official seal. Signature of Notary My Commission expires March 18, 2007 DEBORAH REEK CanmlWOn#1406149 i Notary Pudic - Cautomla s Liss Angeles County M I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 23RD day of SEPTEMBER , 200-L. Bond No. 233518 n tra Z- i0 porate Secretary Jeann J. Kim, Co Agency No. #2055 Rey. ron i M5,0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of C 4Z 1, County of LOS An/Gj� C c�S On 06 7— Y/ 2 O b 5 before me, /,9 �e_, personally appeared "/ C personally known to me -OR- ❑ proved to AR DADASHOY COMM. (11389535 y s Nofary PubllcCallfomla 0 W LOS ANGELES COUNT/ My Comm. Exp. Dec 10, 2000 4,6Ho7 — .JU7wei.fj3� /� Z 2- me on the basis of satisfactory evidence to be the person(s) whose name(s) is /tA subscribed to the within instrument and acknowled ed to me that hel, tKe,/Wey executed the same in his /h,#r/th it authorized capacity(ies), and that by his /JAr /tpeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ---------------------------------------- OPTI ONAL---------- ------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General ISSUED IN THREE ORIGINAL COUNTERPARTS BOND NO: 23351& COUNTERPART NO._3 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That TRAFFIC OPERATIONS, INC_ hereinafter referred to as "Contractor" as PRINCIPAL, and AMERICAN CONTRACTORS iKams er of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum SEVENTY -FIVE THOUSAND SEVEN HUNDRED FOUR AND DO/ 100 ------------------------------- --------------------- ($75,704.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 2003 -2004 STREET STRIPING AND PAVEMENT MARKING SERVICES PURCHASE ORDER NO: 75763 which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 23RD day of SEPTEMBER TRAFFIC. OPERATIONS, INC. Prin pal By (S L) BIC_2 2004 AM ICAN CONTRACTORS INDEMNITY COMPANY S ly DULIA B. LEONARD, ATTORNEY -IN- FAG'_' _ . CALIFORNIA State of CALIFORNIA County of RIVERSIDE On SEP E 3 2004 personally appeared JULIA B. ACKNOWLEDGEMENT before me, DANNA K. BAKER, NOTARY PUBLIC Name and Title of officer (e.g., 'Jane Doe, Notary Public ") ATTORNEY -IN -FACT ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and 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 COMA #1336368 behalf of which the person(s) acted, executed the instrument. a �' �" NOT1r2r Pl9!IC- AL NIAN cow nIVFR ,tO[ ± Mo`�,m. r`r!raz Nov., ; zoos WITNESS my hand and official seal. My r OPTIONAL--------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09100 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ISSUED IN THREE ORIGINAL COUNIORTS 0 cf C/c American Contractors Indemnity Company O 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Mark N. Gladding, Kenneth A. Coate or Julia B. Leonard of Riverside, California its hue 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 $ 1,000,000.00*** Dollars This Power of Attorney shall expire without further action on March 18, 2007. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6ih day of December, 1990. 'RESOLVED that the ChieJ'Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretarv, shall have the power and authorit} 1. To appoint Attornev(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obiigarory in the nature thereof and, 2. To remove, at any time, any, such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and anv such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures andfacsimile seal shall be valid and binding upon the Company in the fitture with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15th day of December, 2003. �1apCT0tf� AMERICAN CqJNTRACTORS INDEMNITY COMPANY 'r0 1R0 rMTE6 SEPT.26,IM By: ,e Robert F. Aomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 15" day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. (,&2, pie&,,, Signature of Notary My Commission expires March 18, 2007 OEBORAtt REESE COMI, tlat 1 1406149 Notary Pudic • California Los A VMm County My Comm. Exphn Mm 18, 2007 1, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, 1 have hereunto set my hand this 23RD day of SEPTEMBER .12004 1. Bond No. 23351 B Jeannie J. Kim, Cotporate Secretary Agency No. #2055 Rev. POAI1t15 /u3 CALIFORNIA ALL -PU State of L/�' e_ ACKNOWLEDGEMENT County of Z OS 19 Nei G LAS On QL f /�{, 2-001-1 before me, personally appeared H /CHACL A Z2.. J-JC Al personally known to me -OR- ❑ proved to AR DABHOY S COMM. 1"789530 y . . Notary PuMIe -CalNomia (a W LOS ANGELES COUNTY + lMy Comm. Exp. Doe 10, 7008 A)O % Y/96)&16 -- 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 /54 /toy executed the same in his/h.er/thKir authorized capacity(ies), and that by his /Wltf eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. --------------------------------------- OPTIONAL---------- ------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General • CERTIFICATION OF CONTRACTOR IN ACCORDANCE WITH LABOR CODE SECTION 1861 The undersigned is aware of the provisions under Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of the work of this Contract. Contraibtbr it . BiC-a 1 I I I L I I I ORIGINAL AGREEMENT n I THIS AGREEMENT is entered into this L�Jt day of�QT£I>the✓ 2003, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007 (hereinafter referred to as 'CITY') and Traffic Operations, Inc., whose address is 216 Toby Way, Pomona, California 91767 (hereinafter referred to as 'CONTRACTOR'). RECITALS A. City has invited bids relative to 2003 -2004 Street Striping and Pavement Marking Services. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form for Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion Affidavits, the Specifications, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide Street Striping & Pavement Marking Services as described above and as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing tools, and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfuly completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation in the amounts specified in the bid proposal. AGREEMENT -1 0 ORIGINAL AGREEMENT THIS AGREEMENT is entered into this L°J }N day of _)iQTL ht) f / 1 2003, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007 (hereinafter referred to as 'CITY') and Traffic Operations, Inc., whose address is 216 Toby Way, Pomona, California 91767 (hereinafter referred to as 'CONTRACTOR'). RECITALS A. City has invited bids relative to 2003 -2004 Street Striping and Pavement Marking Services. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: 1. The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form for Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion Affidavits, the Specifications, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide Street Striping & Pavement Marking Services as described above and as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing tools, and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfuly completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation in the amounts specified in the bid proposal. AGREEMENT -1 W I I I J T f I I The contract entered into Renewals and/or contract Arcadia City Council, shall be for twelve (12) months, subject to annual renewals. extensions will be based upon acceptance and approval by the 4. The City hereby promises and agrees with the said employ said Contractor to provide the material and and conditions herein contained and referred to" contracts to pay the same at the time in the manner, Contract Documents, and the said parties for administrators, successors, and assigns do hereb y covenants herein contained. Contractor to employ, and does hereby to do the work according to the terms for the price aforesaid, and hereby and upon the conditions set forth in the themselves, their heirs, executors, agree to the full performance of the Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts' fees in addition to all other costs and necessary disbursement. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within ten (10) calendar days after said notice is given. Standard of Performance /Determination of Compliance: It is acknowledged and agreed that the work to be performed pursuant to this agreement is crucial to the well being of the City, and that it involves the proper care and workmanship. This Agreement will be administered consistent with this statement and failure to abide by the concerns of the City as expressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating, to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a clean, well kept state at all times. 8. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. SIGNATURES ON NEXT PAGE AGREEMENT -2 W The contract entered into shall be for twelve (12) months, subject to annual renewals. r Renewals and /or contract extensions will be based upon acceptance and approval by the re+ Arcadia City Council. 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to" for the price aforesaid, and hereby contracts to pay the same at the time in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. 5. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts' fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within ten (10) calendar days after said notice is given. 7. Standard of Performance /Determination of Compliance: It is acknowledged and agreed that the work to be performed pursuant to this agreement is crucial to the well being of the City, and that it involves the proper care and workmanship. This Agreement will be administered consistent with this statement and failure to abide by the concerns of the City as expressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating, to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a clean, well kept state at all times. 8. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. SIGNATURES ON NEXT PAGE I I AGREEMENT -2 IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF ARCADIA CONTRACTOR: tmg City Manager Date (SEAL) ATTEST: �\ y/z S- /U3 Ay Clerk Date APPROVED AS TO FORM: ��. �U-.� License No. .3uas'� AGREEMENT -3 City Attorney Date ��. �U-.� License No. .3uas'� AGREEMENT -3 IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF ARCADIA WIWA ` mo City Manager Date (SEAL) ATTEST: Clerk / Date 1 C APPROVED AS TO FORM: ?123(03 City Attorney Date CONTRACTOR: I i / 4ym . 1... AGREEMENT -3