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HomeMy WebLinkAboutC-2911 i I1UU� �U ( CA i(- n : ti : c 21 �� .� ► RI rt 0Ay1FO .4-t-O:. :,_:,, � ��..; AMENDMENT NO 1 TO THE ELECTRICAL SERVICES AND PREVENTATIVE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA �.....,:,90� AND D &J FOOTHILL ELECTRICAL CONTRACTORS, INC. ThJs.Amendment No. 1 ("Amendment No. 1") is hereby entered into this �l�� day of &Y 2015 by and between the City of Arcadia, .a municipal corporation of the tate of California, and D & J Foothill Electrical Contractors, Inc., with respect to that certain Contract between the parties dated September 18, 2014 ("Agreement"). The Parties agree as follows: 1. Section 3.3.4 of the Contract, the Term is hereby extended from September 18, 2015 to September 18, 2016 ("Extended Term"). 2. Section 3.3.2 of the Contract is amended to provide that the total compensation for the extended term shall not exceed ONE HUNDRED FORTY THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($140,700.00). 3. All terms and provisions of the Contract not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA D & J. FOOTHILL ELECTRICAL CONTRAC ORS, INC. i , By: B . s Dominic Lazzaret o David Lammens City Manager Title: President Dated: . O c a-c D e 13t 2 $ Dated: 10/05/2015 By: A T: Title: �� I�IM g Dated: C 'rk 1 - APPROVED AS TO FORM CONCUR: i P, ef-e-r atj Stephe P. Deitsch om Tait City Attorney Public Works Services Director k CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 v e.v,•.c, H '-v,t.A t.Ht.Cft6511.'l.. .Gf t.4lACAVraltt.v.t.igte,Rt�t.A41% .• t.Tait.A.o.AP..A-a..W.fVre,'.0. .c1 tOq.V.t4,s t. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of L-O s e.te.S ) r / On / / o S before me, ��rn�(a- t/ -- A-)/ /•.;oT1� P /r c, , Date j%�� )) Here Insert Name and Title of the Officer personally appeared ba-VtD C /YVn eAuS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,K whose name( is/ate subscribed to the within instrument and acknowledged to me that he/sheftbey executed the same in his/I their authorized capacity and that by his/b ftiheir signatures)'on the instrument the person(s); 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. Z , ,. PAMELAVEHAWN Z WITNESS my hand and official seal. S COMM.#2030705 s p s''' ' NOTARY PUBLIC-CALIFORNIA. p ..„24,,,i),,,,_, 1 °...c.``' LOS AMBLES COUNTY t +► ,ury�,2h7 Signature ( Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document p,0 Title or Type of Document: �Racf'/paym�- 4-pe«..Cozmiav�'Document Date: /0/S// .� Number of Pages: /2— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual Cl Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee Li Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: '-•t��.ei.'ei.. _ .•ei•v er.-ed•ei.•y.•dti •�ti� er.u•d.•d.'ei.•rLc•ed.'ei'e�gyrd,•ei-erc'✓-er.•ti.-ri.-ei.ev -,•d ei.•�'riGVC�.e ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CM/ OF ARCADIA ELECTRICAL SERVICES"AND PREVENTATIVE MAINTENANCE CONTRACT PART "G!9 PAYMENT BOND IWOUBORn59002e GB-STATE&L.00AL(620)(WO) " PREMIUM FOR CONTRACT TERM Bond 4403052 AND IS SUBJECT TO ADJUSTMENT - . • .. Premium Included-In Performance Bond BASED ON FINAL:CONTRACT.PRICE •-• • .. Issued.in"Thr.e e Original_Counterpaits PAYMENT(MATERIAL::&;LABOR)BOND:,• WHEREAS:tt e CiTY OF ARCADIA;{hereinafer"O lige&)"has.awarded to • •- • & .J.FOTHI " ELECTRICALOACTORS, N (hereiaferd O C a•• contract for work consisting of unotlimited to; furnishing all.labor;-materials; tools, equipment,services,and incidentals:forthe construction of the.ELECTRICAL SERVICES • . 8 PREVENTATIVE MAINTENANCE contract and°.ail 0/10e:required structures:.and-tadlities within"the:_rights=of-way,"eassements:and permits; • WHERF.AS,the Work.to"be:performe_d oythe Contractor is:more•particularly.:. . . set,forth in that certain=.contractAfor.the..said Public Work dated:September 2014; (hereinafter""the:."Public Work°Contract':);:and:further a�mended.by"Amendment No ,1;".•dated. September 15th, 2015 S said Contractor-is;re uired to furnish a•bond n;`connection"with' WH q • said Public Work Contract•-providing. that if said Contractor or.--any of his, or its subcontractors 0.all"fall to pay for any:materials, provisioins,."or other supplies" Or terms"• used in,:upon,for;or about•the„performence of amthe;Work contracted to be.done, or ;lab for any work.orordonethereon°of any f kind,"or or" ounts"due under the"provisions of 3248:of. :tne California Civil Code,;With tee0eOftetUctir work or'labor,:that:the Surety on.this will pay the sass together with a reasonable attorneys fee in case suit is:brought:on-the:: bond - NOW;THEREFORE„--we.D&J Foothill Electrical Contractors;.Inc. . n•. the u" .dersigned-Contractor;as Principal ::.:;;:.;. : _ . and •SureTec Insurance.Company • . , a" .. corporation organized and exiting under the lawe of:the,State of:Texas and duly.authorized•to.trensact business under the'laws of the;Stete of Califo"mia as ::Surety,are held and"firmlybound unto the:CITY'OF ARCADtAand to any and all matenai " men, .persons; `companies .or: corporations furnishing" materials; provisions, "arid:either • supplies:used"in, upon, foror'"about:"the performance of the said Public Work,:and"all:- persons;companies or;corporations:renting or ' hiring teams,.or implements or mac:ohinery, for orcontributing to said PublicWok tobe done,and all,persons performing oritr labor : upon":the_same,and,all persons supplying both work and materials:as:aforesaid iexcepting'. . the said Contractor,.the;sum of:ONE HUNDRED FORTY THOUSAND SEVENHUNDRED. • • :DOLLARS=AND'NO CENTS,;($140,700.00);"said sum being not less than'1(l0%:of the. • total amount payable,by-said.Obligee under-the terms of the;said:Public Work Contract,for• whicrl.. ayment,well and:truly to..be made,,.we triad°ourselves; our heirs,executors.and . - p . administrators,.successors:and assigns,jointly and severaily,.firmly by these presents ... THE:CONDITION.OF THiS OBLiGATIQR1a.SUCH that if the Principal;hie.er: 'its subcontractors,heirs,.executors,.administratotssuccessors,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 cotitracted"to be done,or for WOrk•Or labor thereon of any;kind,or': fail to"pay.;any of the persons:named ire California'Civil CodeSection 3181,or.arriounts due: under the Unemployment lnsurance.Code:with respect to work or labor performed'by any "• . - • RYPIPKOA15TOD26 .` GB-STATE&LOCAL(620)(7440); - PAYMENTBAND 9:, such claimant or for any amounts required to be deducted,withheld, and paid over tosthe 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:specified 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 Costa, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will iniire.to the benefit of any and all • persons', companies and corporations entitled to make ciairns.under•Seetions 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,recOived, hemby stipufates 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 anyway affect its obligations on this bond,and it does hereby waive notice of any such,0hange,extension of time,alteration or addition to the terms of the CantraCtor to the Wed(or to.the Specifications. IN WITNESS WHEREOF,we have hereto set our hands and seals this 22nd day on September 2015 , D&J Foothill 1 lectrical Contractors Inc. Principal By: ift_i Ao resident SureTec Insurance Company Surety I / BY; •t—,......,414..:. /4 _4 Attorney-in-Fact Shaunna zi.TrZfiel **This Bond is Effective for a Period of One Year from the Date of Execution** - - OPLIBORD\570026, PAYMENT BOND-2 GB-STATE tki.ccx,(q0)(7/20.6) • I OALIFQ,ENIAVAILL7PURPOSE ACKNOWLEDGMENT CIVIL CO1)441189 - • A notary public or other'Officer completing this certificate:verifies the'identity of the individuaLwho signed the document to Which:this certificate is:attached,and not the truthfulnessi accuracy,or validity:Of that document. State of California County Of Orange „ „, ) On September 22nd, 2015 before me-,.Thi Grinwald, Notary Public Date, Hare'melt Name and Title Of the Officer personally appeared Shaunna Burchfiel,Attorney-in-F_act „ , . Name(s)of Signer(s) who proved to mita. on the_basis of Satisfactory evidence -to: be the per on . whose name A Plre: sii■lo.54Oed to the within instrument and abknowledied to me that hzfe,he executed the same in hiskOtheir authorized capacity*);and that by hill:"heir signatures)on the instrument the:Person/A, or the entity:upon:behaltof whi6h the person :acted, executed the iristruirent.:. I certify under PENALTY OF PERJURY:underthe laWS of the State of Califomlatlith the foregOing paragraph IS trtio,and correct. Pqr-- CO 36 MM. #20672 z o 4 WITNESS my hand and off Seal: Notary Public-California E Orange County . Sf Comm. irellta,2_/018 Signature Signature:o 1\loitary Public •Place<Nbtaty Seal Abotie OPTIONAL • • - • • - Though this section is optional, completing this information can deter-alteration of the document or fraudulent reattachirient of this fOrrh-to-an Unintended deCument„ Description of Attached Document Title or Type Of:Document: Document Date: 'Number of Pages Signer(s) Other Than Named Above: CapacipAies) Claimed by Signer(s) Signer's Name: . Signer's'Name:'. 0 Corporate Officer — Title(s): . . 0:Corporate Officer — Title(s): El Partner U Limited 0 General 0 Partner — 0 Limited ,0 General Li Individual: Attorney in Fact Li IndiVidual, D Attorney in Fact E I Trustee: 0 Guardian or Conservator Cl Trii§ted 0 Guardian.or Conservator 0 Other: _ . 0 Other: , Signer is Representing: . Signer Is Representing: -•••‹. \ .•4 4‘:2.:••■,;WIA 4 W4Vic.' ©2014 NationaiNotary AsSociatibn •wwW.NationalNbtary:org• 1-:,!300-US'NOTARY(1 -8007076=6827) Item#5907 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��.A, .A.A,Vt.A t Cf.H H(.4.(.A.'Jft.il�t� (fit-Vat�(.Qf<�l.Q� �t�.. .A.H.'•lam.A'.9�0. '.A.A-v.G1t.A(!=4'4,7e,.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of LO s �eS )D I / On /0/,S/a--o is before me, /�m��a t/ au�N/ n,o-r7� Rag I, , Date D J Here Insert Name and Title of the Officer personally appeared L L VtD C_m/y, en.rS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)'whose name()'is/are- subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/J erftheir authorized capacity and that by his/barfteir signatures on the instrument the persons or the entity upon behalf of which the person )'acted, executed the instrument. I certify under PENALTY OFPERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Z ; ;•,. P EA AVEHA Z WITNESS my hand and official seal. 3 COMM.#2030705 s p �" NOTARY PUBLIC•CALlFORKA p o...c.•`' LOS ANGEL E COUNTY ryc« "17 Na Signature ga--')Yts---&- Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ppr•Jd- Title or Type of Document: �Racf/Paymc-4-I-peaorermauce-'Document Date: /o/s// 5-- Number of Pages: /2— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — CII Limited ❑ General ❑ Individual El Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: .•ei,•ti er;_-ei. - - .-ei.•ei•d• -eiO�.0.•'?' - �'•ei•ev.ei,ei•e.--eu- ,a'-er:ei•ei.•ri d,ri-�,ei:(r .v-• ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ...s- .. .. CITY•OF A;RCADIA. ELECTRICAL, '�i, ERVIC ES AND.• PREVENTATIVE t AI TENANC E: a NTRACT' • • :PARTF�. • PI RFORMANCE BONC1- • • • • • PU VDEJ 562370.' Ry • _ • GBrS'FA'FEdsLUCAL,(bl�(72S+flpj. • : - • • • PREMIUM FOR CONTRACT TERM . . Bond 4403052 AND IS SUBJECT TO ADJUSTMENT ` : :Premium: $3,111.00. BASED ON FINAL CONTRACT PRICE: .: . - Issued in.Three Original C ou nterparts PERFORMANCE�BOND_ WHEREAS the-CITY©FARCADIA(also•herein D& J4 FOOTHELL•--.ELECTRICAL CONTRACTORS,•..INC,,--(hereinafter•"Contractor"), a. contract_for::worlt.;consisting:of but:,'not::limited tci;.:.:furnish€iig all labor, materials, tools;: equipment.services,,avid incidentals for the,constr fiction:of the ELECTRICAL SERVICES .4,PREVENTATIVE=MAINTENANCEcontract:er)d_a_ ll.:otherrequired structures.and facilities:: - within'.the rightAs-of way, easements�and-permrt$, . WHEREAS,the:Work to be performed by the.Contractor;is:more particularly: : • set'forth=in that�certaln contract for'the said.Public Work dated S .• (hereinafter the $ublicW ark-Contract")and further amended by°Arn®ridmentNo:I dated: September::15th 2015 ;.and .....:.. .. • :WHEREAS; the.:Cont. ,. is required by said F'ul l c;"Work Contract #• perform the terms,.thereof and:to provide a bond botn:forthe:performance and guaranty.: ?: thereof, � : NOVV• THEREFORE; •-:we' Foothill Electrical Contractors;Inc:: - - ctor,:: ;as . 'the; u n e. ne , on Principal,. . and SureTec:insurance.CompanY.. : :` 9: under:: -.`the laws . corporation • ;.,org2inized;- - arid: axis#in `of the : :Efate of :::. `Texas :,and duty authorized to.transact.business under the:laws of the .State of California,as Surety,;are held,antl_firmly bound.unfa the CITY°OF ARCADIAin t e sum of ONE HUNDRED'.FORTY.THOUSAND:SEVEN HUNDRED DOLLARS AND ND-.°•. . :CENTS($140,700.00);said:sum being not�l-ess�tban.100%of the.total.amount payable by .the:said Obiigee.under..`the:terms of.the said Public Work.Contract,for•which payment well aitd truly to fie; made, we. bind ourselves, our heirs, Executors and ‘administrators,..! - .successors antl;assigns,join ' - � tlY�and severally,.flm ify:by these presents. THE CONDITION OF:THIS<OBLIGATION IS'SUCH,:thatif:the.Principal,his • - . or:its hens;:executors;.administrators;:.successors crass ns,.shall in all'things:stand to and: :.: abide and welt and truly,keep`and pierfori'rr:the covenants,conditions-and agreements in . • -the'said Public.Work'Contrar t and any.alteration°thereof:made as.therein provided;ort his . or their part,to.be,kept and performed;at the time and in the manner.therein specified,and . in alt respects accordingio their;intent:and meanings and shall faithfuity fulfll the:one-year_- `guarantee of ail:materials and workmanship; and:indemnify:and save.harmless;the . `Obligee;•its'infidels andAgents as:stipuiated in the-said Public_Work-Contract, then this - obligation shall become null:arid.void;:otherwise if shall be and remain in full force And' - - . .effect: In ihe 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 court . costs;;:necessary".disbursements, and other - In:case-legal action is requ€red:to enforce;the:provisions,of this bond, • prevailing.party:shall_be entitled to recover'.reasonal le attorneys'fees€n addition'to court. - -costs; necessary disbursements and other.consequential damages.;. R'PUEinxnlsa 7O 'PERFORMANCE•BOND.=i oil STATE.iIACAL.t61O)(?!ZO)•. 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 anyway 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 ofthe Contract,or to the Work or to Specifications. IN WITNESS WHEREOF,we have hereto:set:our hands and seals this 22nd day on Se tember , 2015 D &J Foothill Electrical Contractors, Inc. Principal/ . resident SureTec Insurance Company- :Surety, By: _ 1#L i YiLint r `ttorney-in-Fact S aunna Burc feel The rate of premium on this bond is "'* .. per.thousand. The total amount-of premium charged, $3,111.00 (The above must be filled in by-corpprate surety.) ***$25.00 per thousand for the first$100,000 of contract amount, $15.00 per thousand thereafter **This Bond is Effective for a Period of One Year from the Date of Execution** RvPUBORI?1167.370 PERFORMANCE BOND-2 GB.SfATEik L4CAL(67OH7i200) CALIFON1IAALL7PURPOSE ACKNOWLEDGMENT CIVIL CODE:§'1=89 A notary public orothar'ofticar cOMpleting this certificate verifieS only the:identityof the individual who signed the document to which:this certificate it attached,and notthe tnithfulness,accuraty,or validity of that document. State Of:California County of Orange On September 22nd, 2015 before me, Thi Grinwald, Notary Public bate: Hie_thsert Narhe.and'Title Ofthe.Officer personally appeared Shaunne E$urcilfiel, Attorney-in-Fact Name(s)of Signer(s) WOO proved to. me on the.baSis Of Satisfactory evidence to be the per on(sT. whose name(s)&are subbed to the within instrument and abkhowlede-0 to Ma that hire/obey executed the same in hist:Ott:lair authorized capacity(W);and that by hi-01:0 heir Sig h atu refe on the instrument the:peetorys), or the entity upon behalf of whi6h the persOn executed the instrurnerit: I certify under PENALTY OF PERJURY under the leWs of the State of Califomi&that:the foregoing paragraph is trueand correct. COMM. z Notary Publ#2067236 ic• California g WITNESS my hand and cfRicidl- eal. ,i,,, :s,, ,ornm4:;21.121,,tt 2_44LiOran,„ffie County z, < Signature ,Signature NOtary Public Piece Nbiaty.Seal Above OPTIONAL Though thissectionds optiOnal,:Completing this information can deter alteration of the document or fraudulent reattachment of this form to-an unintended dOcument, Description of Attached Document Title or Type of Document: Document bate: Number of Pages: Signer(s) Other Than Named Above Capacityfies)Claimed by,Signer(s) Signer's Name;. . . „ SignaraName: . 0 Corporate Officer - Title(s): D.Corporate Officer 0:partrier,-- LI Limited D General: 0:Partner — El Limited 0 General FIJIndividual DAttOMeY in Fact El Individual II Attorney in Fact D Trustee D Guardiaruof CortServator 0 TrUstee Ei Guardian or Conservator "D Other: „ _ 0 Other: ,Signer is Pepresenting: Signer Is Representing: ' t. .l ee WCW ©2014 National Wary AsOCiatibii •www.NationaINOtaly.org• 1-800-US NOTARY(1-800-86-627). Item#5907 I ., • A , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Vgt.o,.•.GA.AiaZ.41t.Gff%�t.A.AteiNt.71.t.A.ca.G1�V-7itt.9.1 t.Gat•Fig.oa t.A igte't.A.A C1 .A.I •.•. .p f.A.A.c t.c, c, . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LO s A7Li e.reS ) 1 / / On /O/ / o/S before me, f R�rn��cc-- Vr/�a,4),0 n,o-17+•24, R-10 it c. , Date jj�� J) Here Insert Name and Title of the Officer personally appeared DC.vt D L_ . Min e,u S Name(s) of Signer(s) r who proved to me on the basis of satisfactory evidence to be the persona)'whose name( y is/are- subscribed to the within instrument and acknowledged to me that he/sI efthey executed the same in his/tier/their authorized capacity and that by his/laeriltheir signaturef*on the instrument the person(,s-)- 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. Z PAJIAELAVEHAWN Z WITNESS my hand and official seal. s COMM.#2030705 s p = " NotArr PUBLIC•cwfauyA 1 ...e•• cos ANGELES COWRY i rrcoo ,,i„y� u,7 Mi Signature 07-41A-12-1-1--- 1v J Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document aor.ld' Title or Type of Document: //tact/payme4 4-PeeSoRmtauce-'pocument Date: (o/c-/, . Number of Pages: /2— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — 07 Limited ❑ General ❑ Individual i._1 Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ,_••N•YI�E;•'G/Q�G�-f/-'A.'d•d-!Y'd:GJ.•Gl. --aGl:._ !/<�l;�8 •d- '$`r/,• ' W r�<0.ei•ei:•ei •e.- •r'W•✓-d--.v: :•er-eia�•d' <•ei<�0.✓P•�'.F ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 POA#: 510026 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint George Burchfiel, Shaunna Burchfiel its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances, contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) • In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. . „,n ��MU•, SURETEC INSURANCE COMPANY �SVANCF'' to! I q ••:31 By: '\----5 w u7 )n= John l�nox :Jr , resident State of Texas ss: 7�t, �,co -z J County of Harris . ......• ,,t\ / On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. St, JACOUELYN MALDONADO c/ �, J I NotaryPublic I V- tf of My Comm.Exp.5/18/2017 Jacquelyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this a id,.) day of 3 f ',LA k-, ,., Z-0(5 , A.D. 4Li i, - _ .Bre.t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 1100 - 70/C -sgll (Electrical Services Contract 2014) CONTRACT FOR THE CITY OF ARCADIA ELECTRICAL SERVICES & PREVENTATIVE MAINTENANCE CONTRACT 1. PARTIES AND DATE. This Contract is made and entered into this day of 201 by and between the CITY OF ARCADIA (hereinafter called the "City ") and D & J FIIIJOTHILL ELECTRICAL CONTRACTORS, 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 June 9, 2014, has submitted a bid proposal for Electrical Services & Preventative Maintenance 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 August 7, 2014. 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 4 RVPUBIDRD1570025 CONTRACT-1 GB - STATE & LOCAL (50515071660) (7124100) (Electrical Services Contract 2014) Part "F" - Performance Bond Part "G" - Payment Bond ADDENDUM NO. 1 dated June 20, 2014. 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. DJ L 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 for the construction of Bid Schedule number(s) 1 thru 3 necessary to fully and adequately complete electrical services and preventative maintenance, including any alternates selected by the City, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of ONE HUNDRED FOURTEEN THOUSAND, SEVEN HUNDRED AND SIXTY DOLLARS AND NO CENTS, ($114,760.00), 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 accor- dance 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. RVPUBORD1570015 CONTFACT _ 2 GB - STATE & LOCAL (5051507/666) (7124/00) (Electrical Services Contract 2014) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract for one year from date of execution. 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 to the Project Schedule located in the Specifications. 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 payto the City as fixed and liquidated damages the sum of Five Hundred Dollars ($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 Attorne s' 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. RVPUBibRD1570015 CONTRACT-3 GB - STATE & LOCAL (5051507/660) (7/24100) (Electrical Services Contract 2014) 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 D & J Foothill Electrical Contractors, Inc. 2451 First Street La Verne, CA 91750 Attn: Dave Lammens, 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 D & J FOOTHILL ELECTRICAL CONTRACTO S, INC. By: By- 5 Dominic Lazzaretto David Lammens City Manager President Title By. Title ATTE T: By: Njj'AVJ1%WA1 �Allvl City l rk Approved as to Form: , By: /' nn . StepheA P. Deitsch City Attorney IRVPUBIDRD1570015 CONTRACT-4 GB - STATE & LOCAL (505/5071660) (7124100) (Electrical Services Contract 2014) 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. RVPUBORM5700 CONTRACTOR: D & J Foothill Electrical Name of Cont ctof: Contractors, Inc. By: s Signature David Lammens CALIFORNIA ALL-PURPOSE ACKNOWLEDGWNT Stake of California n County of . Lai A n o cieS onnk. U On g ao Q _ before me, fiord oi, M- And-egq m No-fcfry ftf bl `G D, id L - �� ale Nnle inaerk Name aril TW& of W/ QNitar " Nrsonalfy: appeared Q v'1 rn t Y? S H�(S }: of Sign¢e(sy GORDON M. ANDERSON Commission * 2063508 z ~e► Notary Public - California i z Los Angeles County ' My Comm. Expires Mg 3, 2018 t who proved to me on the basis of satisfactory ovidenC9 to bo the parson(Of whose nameA (pare subscribed to ttie:within instrument and acknowledged to me that 91shelthey executed the same in r1hedtheir or/their autharized capacity , and that by signatureA on the instrument the persong, or the entity upon behaif of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that tho foregoing. paragraph is true and correct. WITNESS my_s 0 and t' gGma wm of Nalary Puana OPTIONAL Though tho information below is noy' required by law, tt may prove valuable to persons relying on the document and could prevent fraudulent remaval ar7d reattachment of this form to arwrhsr document Descrlptfon of Attached Document ��" Tine or Type of Document: 0011 trod Gi rnent mod er- �ortnar)c tvn Document Bate: Signer(s) Oilier Then (darned Above- Ca.pacfty(fes) Claimed by Signer(a) 7 nor's Name: Corporate Officer Titles): PYeS f d eH 0 individual C Partner — C Limitr d D General TOP Of thump he e C Attorney in Fact Q Trustee CJ Guardian or Conservator Ct Other: Signer Is Ropresenttng: Number pf Pages: signer's Name: 0 Corporate Officer Title(s): C:l individtiat Odom G Partner — G Limited 0 General Top of it)um, here D Attorney in Faot C Trustee G Guardian or Conservator W Other: Signer Is FtepreSenfing: I a Voft Nelioral Nctary Aasodarron • Nallonal�totary.arg • t•80�J -S13 NO7Aft'r (1 -aao- &768847} r�� €fcm 1f69D7