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AMENDMENT NO. 2 TO THE STREET STRIPING & PAVEMENT
MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF
ARCADIA AND J & S STRIPING COMPANY, INC.
This Amendme No. 2 ( "Amendment No. 2 ") is hereby entered into this r - day of
20 p by and between the City of Arcadia, a municipal corporation of the
State of C lifornia, and J & S Striping Company, Inc. with respect to that certain Contract
between the parties dated January 11, 2011 ( "Contract "), and further amended by Amendment
No. 1 dated March 22, 2012.
The parties agree as follows:
Pursuant to Section 3.3.4 of the Contract, the term is extended to and including
January 11, 2014.
2. Pursuant to Section 3.3.2 of the Contract, the total compensation is not to exceed
EIGHTY -FIVE THOUSAND, NINETY -TWO DOLLARS AND NO CENTS,
($85,092.00)
3. All of the terms and provisions of the Contract not amended by this Amendment
No. 2 are herby reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the date set forth below.
CITY OF ARCADIA
By:
Dominic Lazzare t
City Manager
Dated:¢
(SEAL)
AP ROVED AS TO FORM
Stephen P. Deitsch
City Attorney
J & S STRIPING COMPANY, INC.
By: &Zz�==
Title: i�'OeL5ieoe, -'
Dai
By:
Title
Dated: /" 'C/- ( 3
CO CUR.
m Tait
Public Works Services Director
Executed in Triplicate
Bond No. 351486P
FAITHFUL PERFORMANCE BOND
100% of Contract Price
KNOW ALL PERSONS BY THESE PRESENTS:
That J & S STRIPING COMPANY INC., hereinafter referred to as "Contractor" as
PRINCIPAL, and Indemnity Company of California
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 EIGHTY -FIVE THOUSAND, NINETY -TWO DOLLARS AND NO CENTS,
($85,092.00), 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 & PAVEMENT MARKING SERVICES CONTRACT
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 20th day of December
J & S Striping Company, Inc.
Principal
By: By
(SEAL)
2012
Indemnity Company of California
Surety ,_
�SE of Salandi, Attorney-in-fact
ACKNOWLEDGMENT
State of California
County of )
On 1efore me, L
_7 - A o
(insert name and title of the icer) C
personally appeared
who proved to me on the basis of sa Isfactory I-idence to be the person whose nam s) is/ e
subscribed to the within instrument and ac edged to me that he /s4eA4ey executed the same in
his /ha&414eir authorized capacity(i& -* ; and that by his /h�e�ir signature(Xon the instrument the
person( or the entity upon behalf of 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.
ELIZABETH NAVARRO
WITNESS my hand and offi ' I eal. - Commission # 1869924
a ° -,: s Notary Public - Californill z
fj� Z `F i : San Bernardino County D
1 0 / My Comm. Expires Oct 31, 2013
Signatu
ACKNOWLEDGMENT
State of California
County of Orange )
On December 20th, 2012
before me, Kathleen Madeline Shuman
(insert name and title of the officer)
personally appeared Scott Salandi, Attorney -in -Fact
who proved to me on the basis of satisfactory evidence to be the person(64 whose names) isk-"
subscribed to the within instrument and acknowledged to me that hefsheAhey executed the same in
hisfherftheirauthorized capacityfit*,, and that by hisfherfthemsignatureW on the instrument the
person*, or the entity upon behalf of which the persons) 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 D',
tsEp10TtiF KATHLEEN MADELINESHUMAN�
N ��P ,E sy COMM. # 1894581 X
NOTARY PUBLIC-CALIFORNIA X
ORANGE COUNTY N
�4UF0, MY COMM, EXR JULY 3, 2014
(Seal)
Executed in Triplicate
LABOR AND MATERIAL BOND Bond No. 351486P
(100% of Contract Price)
KNOW ALL PERSONS BY THESE PRESENTS:
That J & S STRIPING COMPANY INC., hereinafter referred to as "Contractor" as
PRINCIPAL, and Indemnity Company of California
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 EIGHTY -FIVE THOUSAND, NINETY -TWO DOLLARS AND NO CENTS,
($85,092.00), 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 & PAVEMENT MARKING SERVICES CONTRACT
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 20th day of
December
20 12
J & S Striping Company Inc. Indemnity Company of California
Principal Surety
By: By:
(SEA (SE Salandi, Attorney -in -fact
ACKNOWLEDGMENT
State of California 9 .�
County of�,���,���_)
On Z. before me
d� '
m
(insert nae and title of the o icer)
personally appeared- ��c,.,
who proved to me on the basis of satisfacto a dence to be the person whose name is/ e
subscribed to the within instrument and acknowledged to me that he /may executed the sa a in
his /helMtheir authorized capacity(tLn*, and that by his/ er eir signature'} on the instrument the
personK, or the entity upon behalf of which the person(,f� 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 myhand and offi
ELIZABETH NAVARRO
Commission # 1869924
Notary Public - California n
Z ' San Bernardino County
'\ ' My Comm. Expires Oct 31, 2013
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263.3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
** *David S. Jacobson, Leonard E. Ziminsky, Scott Salandi, jointly or severally * **
as their true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th, 2011.
\ I
By. GZLu -'r
AN y O,r
'p.. ��aF'
Daniel Young,
Senior Vice- President
-, VOOP
Z Al
0
By: �` ^�t'
0 c>
OCT. 5
O
Steve A. Tvedt, Vice- President
au`'
= ° � ; 1 9 3 6 W
7
W 1952
State of California
County of Orange
On October 4 2011 before me,
Antonio Alvarado Notary Public
Dale
Here Insert Name and Title of the Officer
personally appeared _
Daniel Young and Steve A Tvedt
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
y the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized
ANTONIO ALVARADO capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
COMM # 1890W which the person(s) acted, executed the instrument.
NO`! PUBLIC CALFORNIIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
CAAll COUNTY true and correct.
,.;
WITNESS my hand and official seal.
Place Notary Seal Above Signature'
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the pruvis ons of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this �� day of OY C e,vi b e rr
By: (t
regg Okur , stant Secretary
ID- 1380(Rev.10/11)
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.
A S S 7-4 CG J7� C
Contractor
By: -_7 1-�-7�14—
Title: `14 51�0a-j'1
City Clem. s
COPY
AMENDMENT NO. 1 TO THE STREET STRIPING & PAVEMENT C.z�OI +/
MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF
ARCADIA AND J & S STRIPING COMPANY, INC.
Amendment No. 1 ( "Amendment No. 1 ") is hereby entered into this .2.2h4 day of
N,,,This
, 2012 by and between the City of Arcadia, a municipal corporation of the
State of California, and J & S Striping Company, Inc. with respect to that certain Contract
between the parties dated January 11, 2011 ( "Contract ").
The parties agree as follows:
Pursuant to Section 3.3.4 of the Contract, the term is extended to and including
January 11, 2013.
2. Pursuant to Section 3.3.2 of the Contract, the total compensation is not to exceed
EIGHTY -FIVE THOUSAND, NINETY -TWO DOLLARS AND NO CENTS,
($85,092.00)
3. All of the terms and provisions of the Contract not amended by this Amendment
No. 1 are herby reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date set forth below.
CITY OF ARCADIA
By:
Donald Penman
City Manager
Dated: 31 '.'IZI 12-,
(SEAL)
TTES .
City I ate
w
AP ROV D AS P ORM
Stephen P. Deitsch
City Attorney
J & S STRIPING COMPANY, INC.
By:
Rdbert Aragon
President
Dated: 3-- /,7- / Z
CONCUR:
' !? < 9`
Tom Tait
Public Works Services Director
ELIZABETH NAVARRO
Commission * 1869924 Z
San Bernardino County D
My Comm. Expires Oct 31, 2013
ACKNOWLEDGMENT
State of California
County of „` % )
On v before me I I�Rbl
(insert name an title of the o icer)
personally appeared
who proved to me on the basis of satisfacto a 'dence to be the personA whose name( is /ne
subscribed to the within instrument and acknow edged to me that he /sJey executed the same in
his /hQd1 err authorized capacity(+e -), and that by his /4w4t-reir signatur%4 on the instrument the
person, or the entity upon behalf of which the personv 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 Seal)
WELIZABETH NA; 869924
commission # i
Notary Public - Calibfrdk
San Bernardino County y Comm. Expires Oct 31, 2013
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 71040998
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents
make, constitute and appoint Paul T. Bruflat
its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: J & S Striping Company, Inc.
Obligee: City of Arcadia
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of January 11
2013 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T.
Bruflat, andporate seal to be affixed this 27th day of February 2012
WES / SURE Y COMPANY
Paul T. Brufla enior Vice President
On this 27th day of February , in the year 2012 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation.
+444444444444444444444444 +
l D. KRELL '+
'r t NOTARY PUBLIC SEAL i otary Public - South Dakota
f�SOUTH DAKOTAaf
+44444444444444444444444 +
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western. Surety Company this 27th day of
February 2012
WES R SURE Y COMPANY
Paul T. Bruflat enior Vice President
Form F5306 -9 -2006
Z ` "` % San Bernardino County
My Comm. Expires Oct 31, 2013
ACKNOWLEDGMENT
State of California
County of )
On MC4rCh nee-fore me,
�i
(insert name and title of the o lcer)
personally appeared F--,U r '
who proved to me on the basis of satisfactory evid nce to be the person whose name is /ar�
subscribed to the within instrument and acknoWledged to me that he /94"Woy executed the same in
his /hQUIL6eir authorized capacity(ies), and that by his /Aer4heir signature( on the instrument the
personA or the entity upon behalf of which the person(4 acted, execu ed 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. ELIZABETH NAVARRO t
Commission # 1869924
Z ; -a Notary Public - California Zz
Z San Bernardino County
My Comm. Expires Oct 31, 2013
Signatur (Seal)
(PROJECT NO. 10/11 STRIPING & MARKING SERVICES)
CONTRACT FOR THE
CITY OF ARCADIA
2010 -2011 STREET STRIPING & PAVEMENT MARKING SERVICES
1. PARTIES AND DATE.
This Contract is made and entered into this LL_i' day of V &VLUk , 20jj_, by and
between the CITY OF ARCADIA (hereinafter called the "City ") and J && S STRIPING COMPANY
INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by City on November 1,
2010, has submitted a bid proposal for 2010 -2011 STREET STRIPING & PAVEMENT MARKING
SERVICES described in the Contract.
2.3 City has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on December 8, 2010.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Contract Appendix
Part "A" -
General Conditions
Part "B" -
Supplementary General Conditions
Part "C" -
Special Provisions
Part "D" -
Specifications
Part "E" -
Drawings
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/5071660) (7/24/00)
(PROJECT NO. 10/11 STRIPING & MARKING SERVICES)
Part "F" - Performance Bond
Part "G" - Payment Bond
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law.
Z�
Contractor s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work forthe construction of BID
ITEMS I — 22 necessary to fully and adequately complete 2010 -2011 STREET STRIPING &
PAVEMENT MARKING SERVICES, including any alternates selected by the City, and all structures
and facilities described in the Contract (hereinafter the "Work "), for a total of EIGHTY -FIVE
THOUSAND, NINETY -TWO DOLLARS AND NO CENTS, ($85,092.00), as specified in the Contract
Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids.
Such amount shall be subject to adjustment in accordance with the applicable terms of this
Contract. All Work shall be subject to, and performed in accordance with the above referenced
documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
The term of this Contract shall be for one (1) year starting from the contract date of
execution, unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Contract, and shall meet any other established schedules and deadlines.
Moreover, Contractor shall perform its Work in strict accordance with any completion schedule,
construction schedule or project milestones developed pursuant to provisions of the Contract,
including but not limited the Project Schedule located in the Specifications.
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 10/11 STRIPING & MARKING SERVICES)
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of FIVE HUNDRED DOLLARS AND NO CENTS,. ($500.00) PER
DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the
Contract Appendix.
3.5 City's Basic Obligation.
City agrees to engage and does hereby engage Contractor as an independent contractorto
furnish all materials and to perform all Work according to the terms and conditions herein contained
for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to
Contractor, as full consideration for the satisfactory performance by the Contractor of the services
and obligations required by this Contract, the above referenced compensation in accordance with
compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the City.
RVPUB \DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 10/11 STRIPING & MARKING SERVICES)
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
J & S Striping Company, Inc.
1544 S. Vineyard Avenue
Ontario, CA 91761
Attn: Robert Aragon, President
Citv
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Dave McVey, General Services Superintendent
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CITY OF ARCADIA
By: s.
Donald Penman
City Manager
ATTE T:
ity Clerk
Approved as to Form:
Ely: P.
Stephen P. Deitsch
City Attorney
CONTRACTOR
By:
Ro ert Aragon
President
rr1AITO A (`T _. it
(PROJECT NO. 10/11 STRIPING & MARKING SERVICES)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et se g. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self- insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor: 1S S�rip;rtc� �o Inc.
By: D7
Signatur
Name
?Ws de-+
Title
/2 -ZZ -10
Date
CONTRACT (EXHIBIT A) GB - STATE & LOCAL (50515071660) (7124/00)
I106 -10 ('92 (4-1&) -3
/,yIFOR.N�q%\
y 1i
°• AMENDMENT NO. 3 TO THE STREET STRIPING & PAVEMENT
AYN. 1, 1901
MARKING SERVICES CONTRACT BY AND BETWEEN THE CITY OF
ityoc00 ARCADIA AND J & S STRIPING COMPANY, INC.
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into this � day of
20� by and between the City of Arcadia, a municipal corporation of the
42tate of C lifornia, and J & S Striping Company, Inc. with respect to that certain Contract
between the parties dated January 11, 2011 ( "Contract'), further amended by Amendment No. 1
dated March 22, 2012, and further amended by Amendment No. 2 dated February 7, 2013.
The parties agree as follows:
Section 3.3.4 of the Contract is amended by extending the term from January 11,
2014 to January 11, 2015 ( "Extended Term ").
Section 3.3.2 of the Contract is amended to provide that for the Extended Term
from January 11, 2014 to January 15, 2015, the City agrees to pay J & S Striping
Company, Inc. a total sum not to exceed EIGHTY -FIVE THOUSAND, NINETY -
TWO DOLLARS AND NO CENTS, ($85,092.00).
All of the terms and provisions of the Contract not amended by this Amendment
No. 3 are herby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date set forth below.
CITY OF ARCADIA
By: r-
minic Lazzar
City Manager
Dated:
(SEAL)
. T
• f
It erk
J & S STRIPING COMPANY, INC.
By: _
Title: � f' off-, T
Dated: 1-,27-- / Y
M
Tit
Da
APPROVED AS TO FORM CONCUR:
P. 4ga"— /��
Stepherf P. Deitsch T m Tait
City Attorney Public Works Services Director
ACKNOWLEDGMENT
State of California
County of"-'�rjej
On - —gQ1 foie me, b ara be- nz -
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfa=wk-dged eviden be th ' a
person(s hose name(s) re
subscribed to the within instrument and to me t at a /they executed the same in
hisfher /their authorized capacity(ies), and that by hisi r /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.
ELIZABETH NAVARRO
WITNESS my hand and official seal. Commission # 2044244 Z
Notary Public - California z
San Bernardino County s
I( MV Comm. Expires Oct 31, 2017
Signature
(Seal)
Bond No. )51486P
Executed in Triplicate
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
J & S STRIPING COMPANY INC. (hereinafter "Contractor'), a contract for work consisting
of but not limited to, furnishing all labor, materials, tools, equipment, services, and
incidentals for the construction of the STREET STRIPING & PAVEMENT MARKING
SERVICES CONTRACT (2014 -2015) and all other required structures and facilities within
the rights -of -way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated January 11, 2010, as
further amended by Amendment No.1 dated March 22, 2012, and further amended by
Amendment No. 2 dated February 7, 2013, and further amended by Amendment No. 3
dated: (hereinafter the "Public Work Contract "); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we J & S Striping) Company, Inc.
the undersigned Contractor, as
Principal, and Indemnity Company ofCalilornia a
corporation organized and existing under the laws of the State of
California , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of EIGHTY -FIVE THOUSAND, NINETY -TWO DOLLARS AND NO CENTS,
($85,092.00), said sum being not less than 100% of the total amount payable by the said
Obligee under the terms of the said Public Work Contract, for which payment well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one -year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
xvruEMM 62370 PERFORMANCE BOND - 1 cs- STATE & LOCAL (610)(7I24,W)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 1 5th
day on January , 2014
The rate of premium on this bond is
J & S Striping Company, Inc. _
Principal/Contractor
By: X
Pre 1dent
Indemnity Company of California
Surety
By: a
A or ey -in -Fact, Leon r E. Zimin
$25.00
per thousand.
The total amount of premium charged, $ 2,127.00--------
(The above must be filled in by corporate surety.)
RVKM\DRM62370 PERFORMANCE BOND - 2 GO - STATE do LOCAL (610) (3124/00)
ACKNOWLEDGMENT
State of California .�
County of a C )
On 0 before me, �vl'n -0
(insert name and title of the officer)
n
personally appeared ) re jeidence C
who proved to me on the basis of satisfactor to be the personV whose name is /a,4
subscribed to the within instrument and acknowledged to me that he /3�reey executed the same in
his /FrMlFeir authorized capacity(ies), and that by his /hef4l-reir signature(Kon the instrument the
persona , or the entity upon behalf of which the person.(191 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. ELIZABETH 2044 o
#
Commission # 2044244
-i Notary Public - California z
Z San Bernardino County
My Comm. Ex ires Oct 31, 2017
Signature
(Seal)
ACKNOWLEDGMENT
State of California
County of Orange )
On January 15, 2014
before me, Kelly A. Vincent, a Notary Public
(insert name and title of the officer)
personally appeared Leonard E. Ziminsky, Attorney -in -fact
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 (Seal)
Oil? KELLY A. VINCENT
C4 COMM. # 2029982 itJ
s y NOTARY PUBUGCALIFORM A
ORANGE COUNTY N
,uF MIY COMML EXP. JUNE 21, 2017
Bond No. 3514861?
Executed in Triplicate
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
J & S STRIPING COMPANY INC. (hereinafter "Contractor'), a contract forwork consisting
of but not limited to, furnishing all labor, materials, tools, equipment, services, and
incidentals for the construction of STREET STRIPING & PAVEMENT MARKING
SERVICES CONTRACT (2014 -2015) and all other required structures and facilities within
the rights -of -way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated January 11, 2010, as
further amended by Amendment No.1 dated March 22, 2012, and further amended by
Amendment No. 2 dated February 7, 2013, and further amended by Amendment No. 3
dated: (hereinafter the "Public Work Contract "); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we .1 & S Striping Company. Inc.
the undersigned Contractor, as Principal
and Indemnity Company of California a corporation
organized and existing under the laws of the State of Calitbrnia
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of EIGHTY -FIVE THOUSAND, NINETY -TWO DOLLARS
AND NO CENTS, ($85,092.00), said sum being not less than 100% of the total amount
payable by said Obligee under the terms of the said Public Work Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
x'V7;W ?Dxvs70026 PAYMENT BOND - 1 68 - STAN & i.ocnl. (bzot (7,24M)
under the Unemployment Insurance Code with respect to work or labor performed by any
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specked herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 15th
day on January , 2014
J & S Striping Company, Inc.
Principal /Contractor
President
Indemnity Company of California
Surety
By: x
om y -in -Fact. Leo d E. Zimi s y
RVPJB)DRJ"WM PAYMENT BOND - 2 4Gs - STATE & i t)CAL (620) (7124,")
ACKNOWLEDGMENT
State of California
County of C
On ' ' — C �,-1 q76
yL4efore me,
Zj
v
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory ev dence to be the personV whose name/) is /a
subscribed to the within instrument and acknowledged to me that he /skae414ey executed the same in
his /heir authorized capacity(k)-s7), and that by his /hef/their signature(r4on the instrument the
person, or the entity upon behalf of which the person(,'f 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
(Seal)
ELIZABETH NAVARRO
Commission # 2044244
Z -r Notary Public - California i
Z San Bernardino County
M Comm. Ex Tres Oct 31, 2017
ACKNOWLEDGMENT
State of California
County of Orange )
On January 15, 2014
before me, Kelly A. Vincent, a Notary Public
(insert name and title of the officer)
personally appeared Leonard E. Ziminsky, Attorney -in -fact
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. d°' *�F KELLY A. VINCENT
N °; COMM. # 2029982
s 'w NOTARYPUBUGCAUFONA
ORANGE COUNTY N
W COWL EJf. JUNE 21'2017
Signature I)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
** *David S. Jacobson, Leonard E. Ziminsky, Scott Salandi, jointly or severally * **
as their true and lawful Adomey(s }in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 16, 2012.
By. \ I �� AND /,V", MP ANY
Daniel Young, enior Vice- President Q . '' F G�
9, ; ="Z ; GpSP0Rg�jti:;' �� GOPPOg9r 9
'y' OCT.
''L ` 10 n _` OCT. 5 O
By: a ao, : 1936 :; w 1967
regg N. 0 ice- President ; d •.• a , �2 C'
9�0. /OWP,.o�d i 94 /FC,
State of California
County of Orange
On November 16 2012 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Gregg N. Okura
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 /shefthey executed the same in his /her /their authorized
ANTONIO ALVARA— 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
COMM. i 1860643
NOTARY PUBLIC CALIFORNIA S I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is
3 ORANGE COUNTY true and correct.
' My Comm. expires Aug. 9, 2013 t
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. 4
This Certificate is executed in the City of Irvine, California, this / day � l' Wo, ,_ r/, vkv q.
By: '7
Mark J. Lansdon, Assistant Secretary
ID- 1380(Rev.11/12)
