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HomeMy WebLinkAboutC-2929 Its- CAti G eAAxK` ,iCitl3F t;R N.el C'1A11:9-1 OR GiNtA _ -C'P'_ "•-- :14_4,,. , t AMENDMENT NO. 1 TO THE HVAC PREVENTATIVE MAINTENANCE AND •z,,:PS,;. '`= SERVICE CONTRACT FOR VARIOUS CITY FACILITIES BY AND BETWEEN " THE CITY OF ARCADIA AND SHELDON MECHANICAL CORPORATION 1 This Amendment No. 1 ("Amendment No. 1") is hereby entered into this Ti 4 l day. of U 6,1A,0,0 , 2015 by and between the City of Arcadia, a municipal corporation of the State of California, and Sheldon Mechanical Corporation, with respect to that certain Contract between the parties dated December 9, 2014 ("Agreement"). The Parties agree as follows: 1. Section 3.3.4 of the Contract, the Term is hereby extend ed from December 9, 2015 to December 9, 2016 ("Extended Term"). 2. 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 SHELDON MECHANICAL CORPORATION By: _ _ r By: C Do •.nic La aretto _ ity Manager Title: DAMS (�� �f.� "i4/7 Dated: / '—2' /b . Dated: L 71_ -if { B ,AL....".. .. i Of-m► : ., ITT t Title _l: /,� ,. 4 ii „._, /Hid .i 1 T ii{` 1/4 41 Dated: / -./0-d i y ( 1-rk / - "f APPROVED AS TO FORM CONCUR: . f, p 6.e, tf-fizt9 „.(7,f7i, . Stephen P. Deitsch om Tait City Attorney Public Works Services Director CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES PART "G" PAYMENT BOND RVPUBIDRD1570026 GB-STATE&LOCAL(620)(7/24/00) Bond No. 09206607 Premium Included in. Performance Bond Executed in Triplicate PAYMENT(MATERIAL& LABOR) BOND 'WHEREAS the„CITY•OF ARCADIA(hereinafter"Obligee") has awarded to SHELDON MECHANICAL CORPORATION(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!HVAC PREVENTATIVE MAINTENANCE AND -.SERVICE CONTRACT FOR VARIOUS FACILITIES Project and all other required structures and facilities within the rights-of-way, easements and permits; 1 WHEREAS,the !Mirk to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated December 9, 2014, and further amended by Amendment No dated oallupr4i )11, ,(hereinafter the"Public Work Contract"), and WHEREAS,said Contractor is required-to furnish 0 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 tattle together With a:'reasonable attomey'S fee in case suit is brought on'the bond NOW,THEREFORE;we Sheldon Mechanical Corporation 1 ,the undersigned Contractor,as Principal and Fidelity and Deposit Company of Maryland , .a Corporation organized and existing under the laws of State of Maryland 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 ONE,HUNDRED THIRTY-EIGHT THOUSAND, NINE' HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS, ($138,984.00), said sum being! not less than 100%of thelOtal amount payable by said Obligee tinder 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. 11 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 faillfo pay any Of the persons named in California Civil Code Section 3181,or amounts duel RVPUMAREA570026 PAYMENT BOND- 1 GB-STATE&LOCAL(620)(7.124100) 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 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 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 3rd day on December , 20 15 . Sheldon Me- anical Core. ation Princip-I /.ntra . J., 1 I B -.off/ . AL VF President Fidelity and Depo Company of Maryland Surety _....-- .. By . , ,,--- -, -..--__ Attorney-in-Fact Edward C. SpS"ctori r - — "I - RVPUBIDRIA570026 PAYMENT BOND-2 GB-STATE&LOCAL(620)(7/24/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 'V.fr:Cy. .�y.» .t''a�'K•lY1nl3G Val1'Y61s'.F.lviai�Ci.LY: tC�C.F:X:F'. yA 1� {� A••..� _ ..A A">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 A p/sri ) County of / tY ) On before me, e// /4l LLe4/. /d �V �'GL , Date c� ere Insert Name and Title of the Officer J personally appeared L_ ;>Y)k I S 149 Jj Y Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s)-is/afe. subscribed to the within instrument and acknowledged to me that he/she%they executed the same in his/her/tI1 irauthorized 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 an ffi -al. KELLY NUCKOLLS -- Commission# 1979045 Notary Public-California z Signature, '^�j'' Los Angeles County Sig - • Notary P .lic My Comm.Expires Jun 17,2016 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: • Capacity(ies) Cla r ted by Sign r(s) Signer's Name:��'TG�. /Y y ill I S ev.s°'�' Signer's Name: • Corporate Officer — Title V ' j ❑Corporate Officer — Title(s): • ❑Partner — ❑ Limited ©General ❑Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: • •e• a;n.-r?•y•.'•a+ y'.y.a-rv,.y y'� _:. "✓'e'tis;•ev'.'. .:_ .: '.e'i•o'•y _ `.Ck`€'�.0�2��.�iY ,_'°i.-'_�._. :d _''..?S'?''e"._. :.. 'e e'-__ '•. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • • CALIFORNIA. . . ALL-PURPOSE ACKNOWLEDGMENT , • A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On DEC 0 3 2015 before me, Kelly Rowley,Notary Public,personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ape subscribed to the within instrument and acknowledged to me that he/sue/tom executed the same in his/her€/theip authorized capacity(i ), and that by his/her/846F 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. 1 ,+� "�•.> KELLY ROWLEY tga COMM. #2040580 z Notary Public•California o z v +,r/ Los Angeles County Signature �Q _ �1 .try.t11701' M Comm.Ex fires Se..7,2017 ' g Signatur l of Notary Publi ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Edward C.SPECTOR,of Los Angeles,California, its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY • FIDELITY AND DEPOSIT COMPANY OF MARYLAND p o[rpS SEAL ice= 0„,„ i iA .Ur a;•-_ Ally O _ '�I'�,��....;:f�,�•' !. r.na O'er Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 4th day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and ERIC D.BARNES, Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and:saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. r••i i '+;4•-• 9.)taAj; n "; 44 Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 016-0322F CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES PART "F" PERFORMANCE BOND RVPUB\DRD\562370 GB-STATE&LOCAL(610)(7/24/00) Bond No. 09206607 Premium: $1,443.00 PERFORMANCE BOND Executed in Triplicate WHEREAS the CITY OF ARCADIA(also herein "Obligee") has awarded to SHELDON MECHANICAL CORPORATION(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 HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project 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 December 9, 2014, and further amended by Amendment No.1 dated: 111,1 c' "I �v I to (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 Sheldon Mechanical Corporation the undersigned Contractor, as Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland ,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 ONE HUNDRED THIRTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS, ($138,984.00), 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. RVPUB\DRD1562370 PERFORMANCE BOND- 1 GB-STATE&LOCAL(610)(7424,00) The said Surety, for value received, hereby stipulates and agreet that nO change,extensions of time, alteration or additionlo 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 anY1 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 3rd day on December , 20 15 . • Sheldon Mechanical Corpora...4AM\ • Principartract. By: "k_91.4/ _ .0./ resident Fidelity and Deposit ompany of Maryland Surety By — _ _ - Attorney-in-Fact Edward C. Spector / The rate of premium on this bond is $10.37 per thousand. /- The total amount of premium charged, $ $1.442.00 (The above must be filled in by corporate surety.)I RVPGIRDRD36:1370 PERFORMANCE BOND-2 GB-STATE&LOCAL(610)(7/24;00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .. ._ . a-.a s�._s� - >.'s�:-� -S.`�3^iF'Sd �� �.�._`-...:� ;. .. :��.,GCF.Y`.f�'d>`1"�`�`�5-'345�. 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 �- ) ( i) On before me, //�•/� I 1G Date cC� // ere Insert Name and Title of the/Officer personally appeared LJ /{V 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/tom executed the same in his/her/Mil—authorized capacity(ies),and that by hisTer•/U eir 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 • "ic KELLY NUCKOLLS Commission# 1979045 :1,0 Notary Public-California Z Signa ure Agg ,fiJ;, Los Angeles County Si.'1'� e of Notary Public ,gg My Comm.Expires Jun 17,2016 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Cla /Te^d by Sign r(s�) Signer's Name:Jam--/Y v/ L�l 'S erS°` — Signer's Name: Corporate Officer — Titlef�s): V 1 + CI Corporate Officer — Title(s): ❑Partner — ❑Limited n General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ?ad•e.' ,-rr ✓•e. n, •m•. -d,-rr.,v•e••s a••y•ei e--v• . '9''e..-rr g'.:. q' __ y e- a":.: ._ ... :v,"?'.'?' °_' _._. _., .. 'g-.'ri•ar . ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On DEC 0 3 2015 before me, Kelly Rowley,Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ttre subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in his/ /tom authorized capacity(igs), and that by his/ /t 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. l s u ''• KELLY ROWLEY : COMM. #2040580 z ',: G W, Notary Public-California z a Los Angeles County — I M Comm.Ex.ires Sep.7,2017; Signature Uv x. Signature�f Notary Public ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint Edward C.SPECTOR, of Los Angeles,California, its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND o SEAL --- ei (PROJECT NO. HVAC MAINTENANCE) CONTRACT FOR THE CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 1. PARTIES AND DATE. 11 e -AIA This Cor tract is made and entered into this day ofb� , 2014, by and between the City of Arcadia (hereinafter called the "City ") and Sheldon Mechanical Corporation (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 contras: for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by City on September 22, 2014, has submitted a bid proposal for HVAC Preventative Maintenance & Service Contract for Various City Facilities described in the Contract. 2.3 Ci y 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 ias given written notice to Contractor on October 29, 2014. 2.4 Cc ntractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds a nd 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 exhi )its, 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\DRD1570015 CONTRACT-1 OB - STATE & LOCAL (50515077660) (7;24/00) (PROJECT NO. HVAC MAINTENANCE) 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, nsurance, standards of performance, termination, compensation and time of the essence perforrr ance. 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 eve nt 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. -,-A V I/ Contractor, s Initials 3.2 Contractor's Basic Obliqation. 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 I and id Schedule II necessary to fully and adequately complete HVAC Preventative Maintenance & ervice Contract for Various City Facilities, including any alternates selected by the City, and all st ctures and facilities described in the Contract (hereinafter the "Work "), fora total of One Hundred Thirty Eight Thousand, Nine Hundred Eighty -Four Dollars and No Cents, ($138,984.00), az 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. Contra ctorl 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 he 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 Per od of Performance. Contractor Oall perform and complete all Work under this Contract for one year from date of execution, unless artier terminated as provided herein. Contractor shall complete the Services within the term of his Contract, and shall meet any other established schedules and deadlines. Moreover, Contra or shall perform its Work in strict accordance with any completion schedule, construction sche ule or project milestones developed pursuant to provisions of the Contract, including but not li ited the Project Schedule located in the Specifications. RVPUB'DRD1570015 CONTRACT-2 GB- STATE & LOCAL (505/507.'660)(724.'00) (PROJECT NO. HVAC MAINTENANCE) 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 S ecifications, it is understood, acknowledged and agreed that the City will suffer damage. Pursu nt to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated d mages the sum of FIVE HUNDRED DOLLARS AND NO CENTS, ($500.00) PER DAY as provi id ey by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appen ix. 3.5 Cltv's Basic Obligation. C%yag re s to engage and does hereby engage Contractor as an independent contractor to furnish alateri Is and to perform all Work according to the terms and conditions herein contained for the sum set f rth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as fu I consideration for the satisfactory performance by the Contractor of the services and obligations r quired by this Contract, the above referenced compensation in accordance with compensation pr visions set forth in the Contract. 3.6 Cdntractor'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 se If- 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 Su(;cessors. The pantie 3 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 vc luntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. 3.9 Not ces. 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: RVPUB\DRD\570015 CONTRACT-3 GB- STATE &WCAL(505 /507; "660)(7124:00) (PROJECT NO. HVAC MAINTENANCE) Contractor Sheldon Mechanical Corporation 23015 Avenue Hall Valencia, CA 91355 Attn: Stanley Nisenson, Vice President C itv C ty of Arcadia 210 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Aitn: Dave McVey, General Services Superintendent Any noticB 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 sha I be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA SHELDON MECHANICAL CORPORATION By: �,..`�a — By: Dominic Lazzaretto City Manager Y` Titl *tle-L&� Approved as to Form: By: P Steph6n P. Deitsch City Attornoy OL� RVPUBDRD1570015 CONTRACT-4 GB - STATE & LOCAL (505:507,660) (7/24/00) (PROJECT NO. HVAC MAINT.) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. 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 c Vii= f���fitli Title Date RVPUB\DRD\570015 CONTRACT (EXHIBIT A) GB -STATE &LOCAL (5095071660) (7124100) 9 6L-vi C,tS • ;air kiftci ‘ WO URIOtNAL C 'P. AMENDMENT NO 2 TO THE HVAC PREVENTATIVE MAINTENANCE AND �°.z.,•° , - SERVICE CONTRACT FOR VARIOUS CITY FACILITIES BY AND BETWEEN c4, j.:, THE CITY OF ARCADIA AND SHELDON MECHANICAL CORPORATION ''--e- . - This Amendmej�t No. 2 ("Amendment No. 2") is hereby entered into this �� day of _, 20,1 . by and :between the City of Arcadia, .a municipal corporation of the ate of California, and Sheldon. Mechanical Corporation, with respect to that certain Contract between the parties dated December 9, 2014 ("Agreement") and further amended by Amendment No. 1 dated January 7, 2016. The Parties agree as follows: 1. Section.3.3.4 of the Contract, the Term is hereby extended from December 9, 2016, to December 9,2017 ("Extended Term"). 2. All terms and provisions of the Contract not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA SHELDON MECHANICAL CORPORATION By: c� By: Do azzaretto �� ( City Manager Title: vin ;el s. eylo e-inas i(n7 Dated: -1�t c_ 8k-4 13,Zo IL, Dated: if— -39—/-4' By: (7qi e fe,(_.i.e, ATT T: Title: l 0/fpnia i�r�,pr - y y c f\ijVI I { Dated: /l• SO- c O/lam r"�kv°° APPROVED AS TO FORM CONCUR: P. -C<Wgi Stephen P. Deitsch To Tait City Attorney Public Works Services Director CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES PART "F" PERFORMANCE BOND RVPUBtiDRD`362370 GB-STATE&LOCAL(610)(7/24/00) ;u%, w Bond No. 09238456 PERFORMANCE BOND WHEREAS the CITY OF ARCADIA(also herein "Obligee") has awarded to SHELDON MECHANICAL CORPORATION (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 HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project 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 December 9,2014,further amended by Amendmen No. ua I dated Janry 7, 2016, and further amended by Amendment No. 2 dated JD/( in 'Mr t3, ?,01' (hereinafter the"Public Work Contract"); and j 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 SHELDON MECHANICAL CORPORATION , the undersigned Contractor, as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , a corporation organized and existing under the laws of the State of MD , 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 ONE HUNDRED THIRTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS, ($138,984.00), 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. RVPUnwRDl562370 PERFORMANCE BOND- 1 Go-STATE&LOCAL(610)(724;00) eeY 1�; 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 22nd day on November , 20 16 SHELDON MECHANICAL CORPORATION Principal/Contractor By: Abb._. Pre ident — , 1/4//? FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By: c -�-� Attorney-in-Fact Edward C. Spector The rate of premium on this bond is Sliding Scale rateper thousand. The total amount of premium charged, $1,443.00 . (The above must be filled in by corporate surety.) • RVPUBIDRD1562370 PERFORMANCE BOND -2 GB-STATE&LOCAL(610)(7/24(00) w • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 cr , -w_ ._ _ -mac ...- T a..a•a�,w._ .w�a� t .��w:, .r,sue•-'.-,i,,..„� '.-�,, a-.f >.�S�..CaY"�^Si 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 J ) County of i--.& S / A G t' %Y' //-._� �� — l� On before me, ` c/ in Z �/S �';f r- `vv,�j /` Date / -..� Her Insert ar7e and Title of he Officer personally appeared c-1 0 v) 6• ( ' , 1060 6)Ul- e 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/sley executed the same in his/hcr/thcir authorized capacity(ies), and that by his/114 #sir 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---- KELLY NUCKOLLS WITNESS my harid and: cial seal. California Notary Public z o Z �/�i�rj t.' ; Los Angeles County D z .P .. ✓ Commission #2154019 Signature - My Comm.Expires Jun 17,2020 , ignatu eof Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: /' li�__. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clai ed by Sig er s , Signer's Name: -DU h r��_3- i, i Sfz° Signer's •; e: Corporate Officer — Title(s) _S r c. l-n7 ❑Corporate • -r — Title(s)- ❑Partner — ❑ Limited ❑General ❑Partner — ❑ Limite. id General ❑Individual ❑Attorney in Fact ❑ Individual G •ttorne act ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Co -rvator ❑Other: ❑ Other: Signer Is Representing: Signer t s Representing: .. - .4C:_'---:w. .-. --?'ti.._?'ti' .. _ 'fie::."-. -.• 4'e..-✓_yti�••eii"le,-a to-e. ..•y1.e.see--.1.,-�w-r-a,a•ee•v-te y ©2014 National Notary Association •www.NationalNotary..rg • 1-800-US NOTARY(1-800-876-6827) Item#5907 ,✓y .• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On ;oV 2 2 2016 before me, Bernadette Aleman,Notary Public, personally appeared dward C. Spector 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() on the instrument the person(), 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. BERNADETTE ALEMAN o ,. .7 , COMM. #2162246 " • Notary Public•California WITNESS my hand and official seal. Z 4' � Los Angeles County ° `4 Comm.Ex.iresAu•.7 2020 ` Signature ignature of Notary Public r • i) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS 0. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint Edward C.SPECTOR,of Los Angeles,California, its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. 1N WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND µ4D44), • 'wp DIP 0,4. e.•"�NlNS..„.,,, SEAL s “i' --°'•m: in; ...,,�d, zy u 1808 7. '✓r " _ Secretary Vice President Eric D.Barnes Thomas 0.McClellan 1 State of Maryland _ . County of Baltimore - On this 4th day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS 0.MCCLELLAN,Vice President,and ERIC D. BARNES, Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 991,0:Az,D (20,,,,,,,,a *CI';I C:lt4 Maria D.Adamskd,Notary Public My Commission Expires:July 8,2019 • POA-F 016-0322F • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 20_ NOV 2 _•� .r • µs pry tB l �o BEAL I; -u, . !tp `� 4$ 1oG8��ji �nr ,,..y.M0,. un Gerald F.Haley,Vice President . y CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES PART "G" PAYMENT BOND • R VPUB\DRD`570026 GB•STATE&LOCAL(620)(7!24100) Bond No. 09238456 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter"Obligee") has awarded to SHELDON MECHANICAL CORPORATION (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 HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project 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 December 9,2014,further amended by Amendment No. 1_,dated January 7, 2016, and further amended by Amendment No. 2 dated �i,!1314n e,CR1 Z,D Kr, , (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 SHELDON MECHANICAL CORPORATION ,the undersigned Contractor,as Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , a corporation organized and existing under the laws of the State of MD 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 ONE HUNDRED THIRTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS, ($138,984.00), 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 RVPUB\DRD1570026 PAYMENT BOND- 1 GB-STATE&LOCAL(620)(7x2400) :Y, r , fail to pay any of the persons named in California Civil Code Section 3181, or amounts due 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 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 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 22nd day on November , 20 16 . SHELDON MECHANICAL CORPORATION Principal/Contractor By: re side n d 60-t2//� FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By: C,- Attorney-in-Fact Edward C. Spector RVPUBIDRD\570026 PAYMENT BOND-2 GB-STATE&LOCAL(620)(7f24100) ar . 0,, . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .. . .. •a..—:-- a .. •1 .,,,, �w, c r c t c,F:l." ." . '.a_ -..si w..M. . r r w_. _s,.a.•v:)5,....::Si' .^6 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 J/J / ) County of i-..fi S / h 't' Iy7 ) On ��—J 0"-( before me, f"'C e Ni`� pi e-.40 l—Aio•7-- u,A liZ Date / / Her Insert arr�e and Title of he Officer personally appeared c�_ 0yv1 6' ( U . bo(4, ° 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/ y executed the same in his/herftheir authorized capacity(lias), and that by his/N4F,Ltheir 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-PER t�RY under the laws of the State of Califorria that the foregoing paragraph is true and correct. KELLY NUCKOLLS WITNESS my hand nd official seal Notary Public California z __--- .".. .� ��; ;V Los Angeles County p / f // z' ' °;4' Commission # 2154019 Sign-_ature c - 3_ _-_-:,:i2_ M�r Comm.Expir�s Jun 17,2020 , � f ( �Si na ure 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 7 /7 Title or Type of Document: 1 G'C Document Date: Number of Pages: Signer(s) Other Than Named Above: • Capacity(ies) Clai ed by Sig er s i , Signer's Name: �U.h 1-P I - C0/47-z° Signer's e: Corporate Officer — Title(s) r.,,s i 1■ LM7 ❑Corporate • •_-r — Title(5)— ❑Partner — ❑Limited ❑General ❑Partner — ❑Limite.,-. General ❑Individual ❑Attorney in Fact ❑Individual -�ttorne •- act O Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Co -rvator ❑Other: ❑ Other: Signer Is Representing: Signer Representing: 'd g_.. .. :.r., y — _. - __ _'.-F=SC�CF�Z?% :Sim-r-y'mom-..,-•.••acvice. ra's4.•e.,r.-�!.cd-c.-rr,-.-✓•..•r,-ri-_ ©2014 National Notary Association •www.NationalNotary.•rg • 1-800-US NOTARY(1-800-876-6827) Item#5907 .r 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On QV 2 2 2016 before me, Bernadette Aleman,Notary Public, personally appeared dward C. Spector 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 signatures-)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 1 _ State of California that the foregoing paragraph is true and correct. i yst°"' BERNADETTE ALEMAN o ° � COMM. #2162246 z -�m���,� Notary Public•California o WITNESS my hand and official seal. 4,:,..., ice Los Angeles County aims+ MI Comm.Expires Aui 712020 Signature .nature of Notary Public ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Edward C.SPECTOR,of Los Angeles, California, its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND rst144446 v ocrcy o 47%.11,7; ate, SEAL -- _._o ow•�<P °o n" u'. lase %a o By Secretary Vice President = ‘1 Eric D.Barnes Thomas O.McClellan -- State of Maryland County of Baltimore - On this 4th day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,;THOMAS O. MCCLELLAN,Vice President, and ERIC D.BARNES, Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year fast above written. 97t,,A2;_10. c2(4„,.„,(2 Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 016-0322F EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of z �01 C 20 • 'wa ocrvs� ,oG►T3� ^� S. :x; _• j$? BEAL nil y a a 1088 4. IONIM Gerald F.Haley,Vice President