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HomeMy WebLinkAboutC-3022 VI Liberty utual® Assumption of Liability Rider SURETY Attn: City Of Arcadia ® RE: Change Surety Company Principal: J&S Striping Co Surety Bond Number: 390241P Bond Amount: $79,801 Original Surety: Indemnity Company of California(ICC) New Surety: The Ohio Casualty Insurance Company Change Surety Company • Effective,8/26/2019 the original surety on the above referenced surety bond, Indemnity Company of California(ICC)is replaced with The Ohio Casualty Insurance Company. • On the effective date,The Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Indemnity Company of California(ICC) under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices,including claims,should be sent to: Liberty Mutual Surety P.O. Box 34526 Seattle,WA 98154 Attention: LMS Claims • With the exception of the substitution of Surety Company pursuant to this Rider,all terms and conditions of the Surety Bond remain in full force and effect.This Assumption of Liability Rider shall not,in any respect, vary,waive,alter or extend the terms,conditions and obligations of the Bond. Signed and dated this 30th day of July,2019. NEW SURETY: The Ohio Casualty Insurance Company OBLIGEE: Clty Of Arcadia By: v •-_ By: Renee Llewellyn,Assistant Secretary Dominic Lazzarett•, ity Manager ©2019 Liberty Mutual Insurance SL 7601 0 7/19 1 oz-#10-J000000-2077-4154 Liberty Mutual Surety ''�♦` '- Liberty Mutual. 2200 Renaissance Boulevard,Suite 400 SURETY King of Prussia,PA 19406 July 30,2019 '-' 1oz-#10-J000000-2077-4153 +` • CITY OF ARCADIA 11800 GOLDRING RD ARCADIA CA 91006-5879 11111"I411111r111111111"1h '1111"11111111uI11II111111Ii111 Dear Obligee: On May 31, 2019 Liberty Mutual Insurance Company("Liberty")acquired the U.S.surety operations of AmTrust Financial Services which includes Developers Surety&Indemnity Company,CorePointe Insurance Company, Indemnity Company of California and Wesco Insurance Company. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation,we have enclosed an Assumption of Liability Rider("Rider"). Depending on the obligation,the surety on the Rider is Liberty or Ohio Casualty Insurance Company("OCIC"). Liberty is an admitted surety in good standing with a U.S.Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S.Treasury Listing of$175,415,000. As noted on the Rider,upon the effective date the assuming surety will be the surety as if the new surety originally issued the bond. I n recognition of this assumption,we ask that you sign the enclosed Rider and electronically return a copy to: AmtrustRider@LibertyMutual.com. If you have any questions or concerns regarding this process, please contact: Lucille Raymond(Lucille.Raymond Iib rtym 1 uaLrom/(949)263-3371)or Christina Thorpe(Christina.Thorpe*ibertymutual_corr /(610)832-8431). Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure- Rider 02019 Liberty Mutual Insurance SL-7601 A 7119 1 oz-910-J000000-2077-4153 /VHF" A 1ick.; ORIGINA AMENDMENT NO. 3 TO THE STREET STRIPING AND PAVEMENT MARKING •��• SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND A•F•.5,1.03 c J & S STRIPING COMPANY, INC. maity of 0o This Amendment No. 3 ("Amendment No. 3") is hereby entered into this . I;day of 'State , 20 by and between the City of Arcadia, a municipal corporation of the ate of ealifornia, and J & S Striping Company, Inc., with respect to that certain Contract between the parties dated January 12, 2016 ("Agreement"), further amended by Amendment No. 1 dated January 4, 2017, and further amended by Amendment No. 2 dated January 17, 2018. The Parties agree as follows: 1. Section 2.2.1 of the Contract, the Term is hereby extended from January 12, 2019 to January 12, 2020 ("Extended Term"). 2. All terms and provisions of the Contract not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA J & S STRIPING COMPANY, INC. By: By: .. Dominic Lazzare#'dt City Manager Title: /9/Z4 S i it E .-' Dated: -N l S 2-Ot`\ Dated: /— 9—,20( ei By d001,00PrAP •TT T: Title: r .4 DNated:eDated: ©9 irk APPROVED AS TO FORM CONCUR: 6-e. .e..e Stephen . Deitsch Tom Tait City Attorney Public Works Services Director Developers Surety and Indemnity Company FA Indemnity Company of California AmTrust Surety CorePointe Insurance Company An An Trust Hinaraiai Comoanv 17771 Cowan,Suite 100•Irvine,California 92614•(949)263-3300 www.AmTrustSurety.com BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 390241P Executed in Triplicate Principal: J&S Striping Company, Inc. Obligee: City of Arcadia Surety: Indemnity Company of California Effective January 12 ,20 19 ,it is agreed that: The term of this contract is extended from January 12, 2019 to January 12, 2020 Nothing here in contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 3rd day of December 20 18 Principal: J&S Striping Company, Inc. Surety: Indem ' __pally of California By' SEE '.i Attorney-in-Fact ATTACHED PRODUCER: Patriot Risk and Insurance Services LLC,Attn: Scott Salandi, 949-486-7917 ID-1183(REV.07/15) 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 Orange DEC 0 3 2018 On before me, Kelly A. Vincent, a Notary Public (insert name and title of the officer) personally appeared Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/suet subscribed to the within instrument and acknowledged to me that he/singitia'y executed the same in his/hex/Omit authorized capacity(ieec), and that by his/hex/.their signature(%) 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. E KELLY A.VINCENT IC �A COMM.#2201248 --1(79! NOTARY PUBL1C•CAUFORNIA ORANGE COUNTY N (Z- Signature \LQ24 T (Seal) �`'�Mp MY COMM.EXP.JUNE E 2� 1 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 San Bernardino ) On ri\q before me, Marissa Rodriguez, Notary Public (insert name and title of the officer) personally appeared _ "K who proved to me on the basis of satisfactory evidence to be the p- _ =• - os- •-me s i - scribe to the within instrumpt and acknowledged to me - -e/they executed the same in hi /her/t eir authorized cap y(ies), and th •y his/her/ -ir sign. - -(sn the instrument the erso s), or the entity upon behalf of whic the p- -• f ) a -•, executedthe instrument. I ce 'fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre WITNESS my ►id and official seal. u� ; MARISSA RODRIGUEZ W er 'w COMM.#2169162 F—�•.. ?��;�.:! Notary Public-Californians SAN BERNARDINO COUNTYA M' My Comm.Exp.Oct.212020 Si., ature eal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: "'David S.Jacobson, Leonard E.Ziminsky, Scott Salandi,jointly or severally*** as their hue and lawful Attorney(s)-in-Fact,to make,execute,deliver and admowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of etyship giving and granting unto said Attorney(s)-In-Fad kill power and authority to do and to perform every ad necessary,requisite or proper to be done in comedian therewith as eeaach of said oorporafioha could do,but reserving to each of said corporations full power of substitution and revocation,and all of the ads of said Attorney(s)—in—Fact,pursuant to these presents,we hereby ratified and confirmed This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any We President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named to the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS respective WHEREOF, and attested DEVELOPERS theirSURETY AND INDEMNITY respective Secretary or Assistant COMPANYand INDEMNITY COMPANY Secretary this day 20F FORMA have severally caused these presents to be signed by officer ay ( j Da4st, -1" v7Asf AND� .ic�OProq,'#� OAN at. Daniel Young,Senior Vice-President OCT. .1? T g A. �i a 1586 is u. M 1967 O B. t- lliPPI 00 /OWN e O0 crtrFOR`'�t ? Y Mark Laudon,udon,Vice-President ,t >` IA notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the I document to which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On Add 18,2016 before me, Lucille Raymond.Notary Public Hos Inert Nur and lib d M Od w Dula personally appeared Daniel You Mark n and afapoLadon 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 timber/their authorizi capacity(les),and that by h iskherlthelr signature(s)on the Instrument the person(s),or the entity upon behalf c . .. LUCILLE RAYMOND which the person(s)acted,executed the instrument '.. Commission•2011948 • ', `i Notary NM-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 2 ^ Ona1a C011flly true and correct. j \:: , Comwm Oct 13 20114 Cktirlvtirni— —_ _ _ _ _ �— _ _l WITNESS my hand and offdal seal. _ 1 — / / Place Notary Seal Above Signature Notary Public CERTIFICATE • The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereb certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors said corporations set forth In the Power of Attorney are in force as of the date of this Certificate. q �� This Certificate is executed In the City of Irvine,California,this day of DEC Q 3 2018 .0µD " C t �QopP°li °� � ��� OGT.S to Sa By. ° lass o 0 1 r. 87 Casale J. for ,Assistant % rows }, y itIFot�`'a ID-1380(Rev.04116) CA*1 C.leri:. �1,,tFOR,,� ORIGINAL f , AMENDMENT NO. 1 TO THE STREET STRIPING AND PAVEMENT MARKING '115 ; '_, SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND , a � J & S STRIPING COMPANY, INC. C- 30Z 2-1 . 1 1 oo- 8o This Amendment No. 1 ("Amendment No. 1") is hereby entered into this day of , 20 fl by and between the City of Arcadia, a municipal corporation of the State of Iifornia, and J & S Striping Company, Inc., with respect to that certain Contract between the parties dated January 12, 2016 ("Agreement"). The Parties agree as follows: 1. Section 2.2.1 of the Contract, the Term is hereby extended from January 12, 2017 to January 12, 2018 ("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 J & S STRIPING COMPANY, INC. By: .,e=----ThTh � By: / Dominic Lazzarett J City Manager Title: AL`'.!-2 ./ Dated: ��Airw b 4, 2-01'1 Dated: /2-,:20— /6 By: 7 i%; (: �_:,... -- A IT: e' ;.<. ce / A ALA _.,,1 ..t/ Dated: /.2/1/07;20/‘ t =rk APPROVED AS TO FORM CONCUR: C> Stephen P. Deitsch Tom Tait City Attorney Public Works Services Director Developers Surety and Indemnity Company • Indemnity Company of California AmTrust Surety CorePointe Insurance Company An AmTrust Financial Company 17771 Cowan,Suite 100• Irvine,California 92614• (949)263-3300 www.AmTrustSurety.com BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 390241P Executed in Triplicate Principal: J&S Striping Company, Inc. Obligee: City of Arcadia Surety: Indemnity Company of California Effective December 22 ,20 16 , it is agreed that: The term of this contract is extended from January 12, 2017 to January 12, 2018. Nothing here in contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 22 day of December , 20 16 Principal: J&S Striping Company, Inc. Surety: Inj % Pany of California B S•e-Salandi Attorney-in-Fact PRODUCER: Scott Salandi, 949-486-7917 ID-1183(REV.07/15) 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 SAN BERNARDINO On 12/28/2016 before me, JEREMY LEE, A NOTARY PUBLIC (insert name and title of the officer) personally appeared ROBERT ARAGON who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .,. JEREMY LEE WITNESS my hand and official seal. `:: Commission#2139148 n -t I Ji Notary Public-California V, ~!!►/ Count M CoSan mmBernardino.Ex ires Jan 3 y2020 Signature (Seal) 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 Orange ) On December 22, 2016 before me, Lauren Emily Bierman, A Notary Public (insert name and title of the officer) personally appeared Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are: subscribed to the within instrument and acknowledged to me that he/sbcaitey executed the same in his/hex/ isir authorized capacity(ies(), and that by his/b exitkeir 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. ►Scr LAURENEMIR.UBIERMAN 4 ' COMM.0 2097240 70 /4, , g NOTARY PUBUGCAUFORMA eg ORANGE COUNTY N Signature _, i' I 'A ./��., (Seal) MY COWL ExP.JAN ts,2011 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint ***David S.Jacobson, Leonard E.Ziminsky, Scott Salandi,jointly or severally*** as their true and lawful Attomey(s)-in-Fad to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April,2016. 0 AND/h,Q 00?AN Y pf, By L�%/►/"`�' yP4oRpC�r y �-1.Ce pPOg41. -sr Daniel Young,Senior Vice President h 3 a F fr a 10 p ro 1967 j5 O 1996 BY. O '*9 �,, oy pq * *.a2 B Mark Landon,Vice-President <rFOFk IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On April 18,2016 before me, Lucille Raymond,Notary Public Here Insert Name and Title of the Officer Date personally appeared Daniel Young and Mark Lansdon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ,.:.`. LUCILLE RAYMOND which the person(s)acted,executed the instrument. J �. Commission fP 2001945 °r'°'. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 1!� iii Notary Public-California �' yam" �?9 Orange County true and correct. Mr Comm.Ex�ires Oct 132010 WITNESS my hand and official seal. — Place Notary Seal Above Signature Lucill ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. pANY This Certificate is executed in the City of Irvine,California,this day of �t( � . .1- spo 'o �,,V)o POq,c2.es y"3 r4 OCT. � � 2= OCT,5 O s e O 1998 O 1967 By: a Cassia J. sford,Assistant Se lorry -,,,,o iow *0a y°9c rpock.� \ ID-1380(Rev.04/16)