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HomeMy WebLinkAboutC-4194 (..*oeirk. , r 4, i 04-.*e i4 AMENDMENT NO. 3 TO THE HVAC PREVENTATIVE MAINTENANCE C- 1 SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 BY AND - - :m BETWEEN THE CITY OF ARCADIA AND SHELDON MECHANICAL CORPORATION ,. This Amendment No. 3 ("Amendment No. 3") is hereby entered into this day of viaxuak,t , 2022 by and between the City of Arcadia, a municipal corporation of the State of Califdrnia, and Sheldon Mechanical Corporation, with respect to that certain Contract between the parties dated January 16, 2019 ("Agreement"), further amended by Amendment No. 1 dated November 27, 2019, and further amended by Amendment No. 2 dated January 19, 2021. The Parties agree as follows: 1. Section 3.3.4 of the Contract, the Term is hereby extended from January 16, 2022 to January 16, 2023 ("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 SHELDON MECHANICAL CORPORATION By: � Th , By: `--------- Dominic Lazzare City Manager Title: �/rico Dated: 1% t3Q1/4x- 1 } 202:7-- Dated: / - J '/- Z© a z l/ , By: ATTEST: Title: fiiea� -° Dated:Cilerk APPROVED AS TO FORM CONCUR: i; (ZS CL—A-----<.___ Stephen . Deitsch Paul Cranmer City Attorney Public Works Services Director Bond No.9366434 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Sheldon Mechanical Corporation, (hereinafter referred to as the"Contractor")an agreement for HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 (hereinafter referred to as the `Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 16, 2019, further amended by Amendment No. 1 dated November 27, 2019, further amended by Amendment No. 2 dated January 9, 2021, and further amended by Amendment No. 3 dated f- lry et 762_7` (hereinafter referred to as"Contract Documents"),the terms and conditions of which bre 4xpressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Sheldon Mechanical NOW, THEREFORE, we, Corporation , the undersigned Contractor and Fidelity and Deposit Company of Maryland as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ONE HUNDRED FIFTY-ONE THOUSAND, FORTY-SIX DOLLARS AND NO CENTS ($151,046.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 Contractor, 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 Contract Documents and any alteration thereof made as therein provided, on its 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 all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents,as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one (1)year after the acceptance of the work by City, during which time if Contractor shall fail to make full,complete,and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: PERFORMANCE BOND - 1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange fora Contract between such bidder, the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previous:y paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th day of January 2022 Sheldon Mechanical Corporation 26015 Avenue Hall,Santa Clarita,CA 91355 CONTRACT ' RJPRINCIPAL 6o0-7( � By: C(9/Yl l (j , V I e s(Ol - l/ SURETY: Fidelity and Deposit Company of Maryland 1299 u •ch Way,5th Floor,Schaumburg, IL 60196-1056(847)605-600C By: Attomey-ln-Fa t PERFORMANCE BONO - 2 Rebecca S.Leal The rate of premium on this bond is $10.26 per thousand. The total amount of premium charges, $ 1,550.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety), . Fidelity and Deposit Company of Maryland 1299 Zurich Way,5th Floor Schaumburg, IL 60196-1056 (Name and Address of Agent or Lockton Companies Representative for service of process in California, if different 777 S.Figueroa St.,Suite 5200 from above) Los Angeles,CA 90017 (Telephone number of Surety and (847)605-6000 r (213)689 0500 Agent or Representative for service of process in California NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND- 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :_c;-K,,s�r�c>f, ,i;-.az�;.rz.i���:�sYi-��:�...^� �e�-, ��". h ��. '. a�.,sC�_ti:� � ,:.. ua zsi A notary public or other officer completing this certificate verifies only the identity of the individual who signed the j document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 / ) County of 0 S /'' n G�-e ;Y" ) ) /^ Date \ / -1 i Her, Insert Name and Title of the Officer 1 no tit e personally appeared .;", ! r: Name(s) of Signer(s) ho proved to me on the basis of satisfactory evidence to be the person(s4 whose name(( isjam ;;jbscrioed to } ;adged me that he!s! :lta the same in • :n., �dl.f li"' Ins•rU.-i i2'�t and a 'i��. to �-.-�'�. 1. d his'hea'tlie-he uthorized capacity(i-. and that by histhor/thei signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PEN t..,TY OF PERJURY under the laws of the State of Californ•--he foregoing paragraph is true and corre WIT i. m • v. ii ,,�,E"',%„ KELLY NUCKOLLS p / ,� „ ; Notary Public-California i Y _,o Los Angeles County I• r- re�.J1�', ;• Commission aw 2328820 a_, prof Notary Public My Comm.Expires Jun 17,2024 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) Claimed by Signer fix' / , Signer's Name: -b/)- ✓) ,..p J i i7T� Signer's e: - S-Corporate Officer — Title(s):-1S i c,i1.r)T _ Corporate ' r — Title(s)/'" _ Partner — - Limited _General = Partner — Limiter %"General _ Individual _Attorney in Fact _ Individual2.'Attorne " act Trustee Guardian or Conservator _Trustee =' _Guardian or Co rvator Other: _ Other: Signer Is Representing: Sigtys Representing: �v-- --.c. vac-;.QiL �;.C.QT��. Q: Z. %.�4'''._c>`C%L�yZ..' -v_" '' '...?Z�W.t::.v`CL-E.,;._" '"v��.'..;"T ©2014 National Notary Association •www.NationalNotary:org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness. accuracy or validity of that document. ♦•••••••••••••••••••••••••••••••••••••••••••••••••••••••.., ..••••♦ State of Missouri County of Jackson On January 24, 2022 before me, Amy S. Fulton . Notary Public Date Name and Title of Notary personally appeared Rebecca S. Leal —_ Name and or Names 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 which the person(s) acted, executed the instrument. AMY S.FULTON I certify under PENALTY OF PERJURY under the laws of Notary Public Notary Seal the State of California that the foregoing paragraph is true STATE OF MIounty and correct. Jackson County My Commission Expires 8/ 6 222025 Witness my hand and official seal. Commission#216g407J Signature Amy S. Fut�ellsi Notary Public Signature Place Notary Public Seat Above OPTIONAL Though the information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual Cl Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- 0 Limited ❑General RIGHT THUMBPRINT ❑ Partner- ❑Limited ❑General RIGHT THUMBPRINT IDGuardian or Conservator OF sw"E" IDGuardian or Conservator of SIGNER Top of thumb Top d thumb 0 Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Other: ❑ Other: Signer is representing Signer is representing ♦•••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••♦ 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 Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 Debra J. SCARBOROUGH, Kellie A. MEYER, Christy M. BRAILE, Mary T.FLANIGAN, Tahitla M. FRY, Charissa D. LECUYER, Rebecca S. LEAL, C. STEPHENS GRIGGS, Lauren SCOTT, Veronica LAWYER, Hillary D. SHEPARD, Erin C. LAVIN, Patrick T. PRIBYL, Evan D. SIZEMORE, Jeffrey C. CAREY and Charles R. TETER, III, all of Kansas City,Missouri, 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 5th day of October,A.D.2021. a•yt Gorr ro ` u pab "+ N"u,ap. A ii °z i SEAL Ell 3 k ° r SE,.artj ,' , �i ATTEST: �;` a''""4,nO',,,, ` a, ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President 4,)04tr}L (` L YE_ By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 5th day of October A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.Murray,Vice President and Dawn E.Brown,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. s� Z t7 t. ,,ilia' 1. Constance A.Dunn,Notary Public ,, ; v:)�,, My Commission Expires:July 9,2023 , .t `eatttiie 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 24th day of January 2022 • Ill ros,. • 0Mal& 400) Mary Jean Pethick,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www,reportsfclaims(a),zurichna.com 800-626-4577 Bond No.9366434 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia(hereinafter designated as the "City"), by action taken or a resolution passed November 6, 2018 has awarded to Sheldon Mechanical Corporation hereinafter designated as the "Principal," a contract for the work described as follows: HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 16, 2019 ("Contract Documents"), further amended by Amendment No. 1 dated November 27,2019,further amended by Amendment 74:54 dated January 19, 2021, and further amended by Amendment No. 3 dated Ansi oil? 2 the terms and conditions of which are expressly incorporated by reference; anti WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender,equipment, or other supplies 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 Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we,the Principal and Fidelity and Deposit Company of Maryland as Surety,are held and firmly bound unto the City in the penal sum of ONE HUNDRED FIFTY-ONE THOUSAND, FORTY-SIX DOLLARS AND NO CENTS ($151,046.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating PAYMENT BOND - 1 to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond,nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section g100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF. two (2)identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 24th day of January 20 22 the name and corporate seal of each corporete party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Sheldon Mechanical Corporation 26015 Avenue Hall,Santa Clarita,CA 91355 Principal (Property Name of Contractor) By: 67/ (Sig Stu f C tr io 57 re' �6) '''11-/ (Seal of Surety) FiFi eliteposit Company of Maryland 1299 Zurich Way,5th Floor,Schaumburg,IL 60196-1056(847)605-6000 Surety By: ttomey in Fact Rebecca S.Leal (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND - 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 S /' h 9 t" !Y ) ,(l / .,� / On �— o?�p c9Oo before me, I\Se` /�'ii�7KC is—�c' ``�t�V f G�/J r`G , Date > Her Insert Narre and Title of the Officer personally appeared s. (1•`;. i r'. ; �� • O I4 Name(s) of Signer(s) :who proved to me on the basis of satisfactory evidence to be the persons) whose name(a7 is/ate -J:S^rIG?7 to the within IlJt!UniC !_ and acknowledged to ( .- th ♦ het 3t7.-.-- . the same in his.'hcf'th„:r authorized capacity(ies.). and that by his!h9x1#h4::signature(s)on the instrument the person(sJ. or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN• TY OF PERJURY under the laws of the State of Califo>r .-t the foregoing paragraph is true and correct. WITNESS my h- . . . : KELLY NUCKOLLS Notary Public-California = IA►,` l Los Angeles County >i Slgna v.re1. ;� �i_ �� �� Commission#2328820 "'' My Comm.Expires Jun 17,2024 SigInc of Notary Pub "C 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) Claimed by Sig er s Signer's Name: �/3 ,.4%1 3- 1 te ac4 Signer's e: Corporate Officer — Title(s) >S c.)/r1T =Corporate r — Title(s,)/ = Partner — Limited El=General Partner — Limite _ General Individual ❑Attorney in Fact E Individual .= tome ' act Trustee ET Guardian or Conservator Trustee Guardian or Co rvator Other: Other: Signer Is Representing: S igner Representing: ©2014 National Notary Association •www.NationalNotar :org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document. ♦•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••♦ State of Missouri County of Jackson On January 24. 2022 before me, Amy S. Fulton . Notary Puhlic Date Name and Idle of Notary personally appeared Rebecca S. Leal Name and or Names 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 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of AMY S. FULTON the State of California that the foregoing paragraph is true Notary Public Notary Seal and correct. STATE OF MISSOURI Witness my hand and official seal. Jackson County My Commission Expires 8/22/2025 Signature ' , Commission#21684076 Amy S. F n Notary Public ignature Place Notary Pub_.Seat Above OPTIONAL Though the information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- 0 Limited ❑General RIGHTTHUMBPF1INT 0 Partner- ❑Limited 0 General RIGHTTHUMBPRINT CIGuardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER Top of thumb Top of thumb Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Other: ❑ Other: Signer is representing Signer is representing ♦••••••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••.••♦ 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 Debra J. SCARBOROUGH, Kelile A. MEYER, Christy M. BRAILE, Mary T. FLANIGAN,Tabitia M. FRY, Charissa D. LECUYER, Rebecca S. LEAL, C. STEPHENS GRIGGS, Lauren SCOTT, Veronica LAWYER, Hillary D. SHEPARD, Erin C. LAVIN, Patrick T. PRIBYL, Evan D. SIZEMORE, Jeffrey C. CAREY and Charles R. TETER, III, all of Kansas City,Missouri, 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 5th day of October,A.D.2021. uunwpgrr ,,�v,1ns.„, ., „p,L84o�14. SEAL:if °SEAL m jse'`_ v SEAL„ t r° J". = ,`aw °= ATTEST: rr • '' lr''"pib�```` s°` ZURICH AMERICAN INSURANCE COMPANY ll r, .``� 'rrlYl/rlln,N ,I,o/11111,rtt` COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 5th day of October A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.Murray,Vice President and Dawn E.Brown,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. wry**,..; Constance A.Dunn,Notary Public tit.. My Commission Expires:July 9,2023 "ye,nto` • • 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 24th day of January , 2022 UAL I , . , d- Mary Jean Pethick,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 No. 4662 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, Thai, pursuant to the Insurance Code of the Stale of California, Fidelity and Deposit Company of Maryland of Baltimore, Maryland, organized tinder the lairs of Maryland, subject tar its Articles of Incorporation or other fundamental organizational documents, is hereby authorized ro trantpact wit/tit: this State, subject to all provisions of this Certificate, the following classes of insurance: Pbe, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liabfiry, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, awl Miscellaneous OS such lasses are now or may hereafter be defined in the Insurance Laim of the Stare of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, anti not in violation of uny, of the applicable laws and lawful requirentenrs made touter authority of the laws of the State of California as long as .nict laws or requirements are hi effect and applicable, and as such laws and regnireutents now are, or May hereafter be changed or amended. IN WITNESS WHEREOF, effective as oftha29th day of January, 1985, / have herewtto set my hand and caused my official teal to be affixed this 29th day of January, 1985. Fee $50.00 Bruce Buuaer 14r 01WIca Carr+rrrrs7m-,ce Rec. No. S4314 Filed 12/3/84 By _ victoria S. Sidbury _ ""Drp�,gr Certijicarion I, the undersigned insurance Commissioner of the State of California. do hereby Certify that I have compared the above copy of Certificate ofAurhortty with the duplicate oforlgi►rcil now art iris in my office, and that the same isafurl, true and correct transcript thereof and of the ivhoto of said doplrectte, and said Certificate of Authority Is now to full force and effect. IN WITNESS WHEREOF, l have he,eu»to set my hand and caused illy official seal to ba fixed this 3rd day gfAugust, 2000. I. Clark Kelso Jretig huuretneeCen1111ru;rner Pauline D'Andrea G e�k6 (Wrl clot t AMENDMENT NO. 2 TO THE HVAC PREVENTATIVE MAINTENANCE C."11,91) SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 BY AND ;'C..4 BETWEEN THE CITY OF ARCADIA AND SHELDON MECHANICAL CORPORATION [ITV of ARCADIA •This Amendment No. 2 ("Amendment No. 2") is hereby entered into this ' day of NNtkak.-4 , 2010 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 January 16, 2019 ("Agreement") and further amended by Amendment No. 1 dated November 27, 2019. The Parties agree as follows: 1. Section 3.3.4 of the Contract, the Term is hereby extended from January 16, 2021 through January 16, 2022 ("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: By: / Dominic Lazzaretto City Manager Title: L pr.'irl i y f /rpsu/er Dated: � � 13) 2 —� Dated: /,2_ — 9—/ ATTEST: By: J Title: �I Qt co/ n�' !1 Dated: Z _ 2 z O / A ' y Clerk I / g APPROVED AS TO FORM CONCUR: Stephen P. Deitsch Tom Tait City Attorney Public Works Services Director CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 Y���c�,-ci-.s�.�c^.'�«:�.c �����.Bio,�i��s-�^.c.��:�s:��iCCCs�;';��e�:��.���-��!'si'�v^c~;�2•__sii..r�Yc,<'z,�.2�,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 ) County of L0 S Al-n71 i�1 ) / J • On l a - % 010020 before me, I �d/ AL e — /v,GI 0`y�GL,//1L , Date myyHer Insert Na d Title of tKe Offil p-e. --,.sally appeared 0 (_e 1 ._�C�0/7e;'__._ �rr ( %I(J or( Narne(s) of Signer(s) me oil the bas of satisfa;tor}' b.'.u..1 t0 b the i)_:", i 1 ;, ...1i 5-' ;l i i'_'=C !:. 31C fne entity upon behalf of wlil<'I the F sonsl acted, executed the instrument. I certify under PENALTY OE PERJURY ueder the I:L.. of the State of Cal fornia that he foreg,Ing paragraph is is true and correct. '411\�� , WITNESS my hand an, off eal. P Say 00 ryf KELLY NUCKOLLS Notary Public•California 400/4M, .�� Z `Yr Los Angeles County < % Signatur � Commission�2328820 v •� oA"* My Comm.Expires Jun 17,2024 'upf 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: IT Corporate Officer — Title(s): 11 Corporate Officer — Title(s): Partner — 0 Limited LT General 0 Partner — El Limited E General Individual J Attorney in Fact 0 Individual 07 Attorney in Fact Ei Trustee `.i Guardian or Conservator ❑Trustee 0 Guardian or Conservator Ei Other: ❑ Other: Signer Is Representing: Signer Is Representing: - '_.'__v ©2014 National Notary Association • www.NationalNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 Executed in Triplicate Bond Number:09366434 PERFORMANCE BOND Premium: $1,550.00 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Sheldon Mechanical Corporation,(hereinafter referred to as the"Contractor")an agreement for HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 201812019(hereinafter referred to as the"Project"). WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 16,2019,further amended by Amendment No. 1 dated November 27, 2019, and further amended by Amendment No. 2 dated w( 2(21 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. SHELDON MECHANICAL NOW, THEREFORE, we, CORPORATION , the undersigned Contractor and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are he dFand firmly bound unto the City in the sum of ONE HUNDRED FIFTY-ONE THOUSAND, DOLLARS AND NO CENTS ($151,046.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 Contractor,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 Contract Documents and any alteration thereof made as therein provided, on its 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 shalt faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents,as stipulated in said Contract Documents,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents,unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City,during which time if Contractor shall fail to make full,complete,and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,law or equity,including,but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents,the Surety shall remedy the default pursuant to the Contract Documents,or shall promptly, at the City's option: PERFORMANCE BOND- 1 Bond Number: 09366434 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety,for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project,including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of December , 2020. SHELDON MECHANICAL CORPORATION. CONTRAC OR/PRINCIPAL 41011/ By: FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY: By: 11 tlL �-,ice ;J-C. Attorney-In-Fact Marina Tapia PERFORMANCE BOND-2 Bond Number: 09366434 The rate of premium on this bond is Scaled Rate per thousand. The total amount of premium charges, $ 1,550.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Name and Address of Surety) Attn: Paul Wichersham 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 847/605-6000 (Name and Address of Agent or Aon Risk Insurance Services West, Inc Representative for service of process in California, if different 707 Wilshire Blvd., Suite 2600, Los Angeles, CA 90017 from above) Attn: Marina Tapia/Surety Dept. (Telephone number of Surety and 213/630-3200 Agent or Representative for service of process in California NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must be attached.hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ';C.s fs ' ,.n .s-x`.c�F: „c-Crx`.f •,,,^ .s: x-x-x-iuc ,-7. ',. — ::n^c^ucaC;rzh a- ;x cCs::. sictix'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 [J ) County of 1-y.0 S !�'• I)C t' y ) )/ / �� J� / On — e0 'e. 6 beforeme, etr e,/6 L'1Is.�/ VG���tr v! G£'t ll6, , Date - / Her Insert Name and Title of/he Officer personally appeared `?I 1' lti r I J ��nt� 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/slataey executed the same in his/her419eif authorized capacity(igs), and that by his/her/41aeir 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 foregoin yaragraph is true and correct. WITNESS my han. .•: •op--: ,4.7!t.-3.;,!%,.. KELLY NUCKOLLS 4: Notary Public-California '1.114 Y if 1 ' Los Angeles County Sign. 11 Commission 2328820 I gn. ure of Notary ' ublic `•', '''' My Comm.Expires Jun 17,2014 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) Clai ed by$igrjer r Signer's Name: 4) s 0 n +-e L- &&7r1 Signer's •-• e: Y--Corporate ('./S i c Gilt— Corporate • ' -r — Title(s);/r porate Officer — Titlr 7 Partner — ._J Limit-. — General LI_� Partner — _ Limited L�General n Individual ,ttorne ' act Individual Li Attorney in Fact D,Guardian Co -rvator Trustee Guardian or Conservator Trustee .i Other: -i Other: Signer Is Representing: Signers Representing: ,. `c-Q�)..2 i`xe .— ,,cr;cc.U?x4<z .7.7 : �.L ,w c., :ZS z ,rAx;Q=Z^c%<xxx=U�L,rc ciz r Z;c G3,c r x��z ,, { ,:,: ©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 2 8 2020 before me, Ethan Spector,Notary Public,personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iess, and that by his/her/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.'..,-o ,„ ETHAN SPECTOR Notary Public-California '': Los Angeles County > LYJ Signature Signature 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold,Donna Garcia and KD Wapato,all of Los Angeles,California,EACH,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 6th day of March,A.D.2019. RIY """s`P} =� lb ‘bi SEAL J � wrw ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President ,: G7.i,vy(. r -,(, LAC K_ By.• Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of March, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,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. ., A•-,.5 COe'^ fCjt_Q. `j "• . ' , Constance A.Dunn,Notary Public .':j .., 11...• i,'-,:ii.,`.' My Commission Expires:July 9,2019 • Executed in Triplicate Bond Number: 09335541 Premium Included in Premium Charged for Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS,the City of Arcadia(hereinafter designated as the"City"), by action taken or a resolution passed November 6, 2018 has awarded to Sheldon Mechanical Corporation hereinafter designated as the"Principal," a contract for the work described as follows: HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 (the"Project"); and WHEREAS,the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 16, 2019 ("Contract Documents"), further amended by Amendment No. 1 dated November 27, 2019, and further amended by Amendment No. 2 dated 70QAUCAci ri,X L\ the terms and conditions of which are expressly incorporated by reference; atid WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions,provender,equipment,or other supplies 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 Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. FIDELITY AND DEPOSIT COMPANY NOW THEREFORE,we,the Principal and OF MARYI AND as Surety,are held and firmly bound unto the City in the penal sum of ONE HUNDRED FIFTY-ONE THOUSAND, FORTY-SIX DOLLARS AND NO CENTS ($151,046.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,heirs,executors,administrators,successors or assigns,shall fail to pay any of the persons named in Section 9100 of the Civil Code,fail to pay for any materials, provisions or other supplies, used in, upon,for or about the performance of the work contracted to be done,or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described,nor by any rescission or attempted PAYMENT BOND- 1 Bond Number: 09366434 rescission of the contract,agreement or bond,nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond,nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time,addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named,on the 28th day of December 2020 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) SHELDON MECHANICAL CORPORATION Principal (Prop- Name of Contractor) By: ' ' (Signature of Con r: • (Seal of Surety) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By: -41Q4- J Marina Tapia Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :Y` s r c . t c.c Cc•Cc;t c- c; f.7“:CS .c:..c.- <c h C;\-x-x x-c<. .c:Ct .:n 4c�r{4 rn c3 cY c C (3f�'c;f2c.. `t;ri 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 } & S /T A C -e /Y' ) (/ On `ark / before me, Yt'lly A/�l e. 4C'ils f/ VC). I✓^y l Gf �J (2, , Date - // Her Insert Name and Title of the Officer � , ,. (t? 7 / personally appeared Ci ) lti 1 r' , Olit 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/st&LLFaey executed the same in his/her/#+ieir authorized capacity(ies), and that by his/her-/#heir signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------- 4), _— ' KELLY NUCKOLLS WITNESS my hand . d .• - . -.1. W, ,S, Notary Public Californiaounty Los Angeles County _�i`�i� I i.` Commission!12328820 ,,,,60 My Comm.Expires Jun 17,2024 Signat ignat_ur of Notary Publ' 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: g Document Date: Number of Pages: Signer(s) Other Than Named Above:• - Capacity(ies) Clai ed by Sig er$ , Signer's Name: ��0 y t-f I ale' Signer's • e: Corporate Officer — Title(s):-1)r/' i rJ 1411— 11 Corporate • ' -r — TitleO.. Partner — r± Limited El]General Ill Partner — 11 Limit-. -',General `! Individual 11 Attorney in Fact EL Individual „:-•ttorne act El Trustee Lii Guardian or Conservator II Trustee ---' II Guardian or Co -rvator Other: Other: Signer Is Representing: Signer Representing: :4 Liz. ?- '(,Ix3`cz- C X<...c. ,7{,47.7 ', ;=c_ =L .%C,xxx: c% e2 e L� ,,c•,..7..;rz .r ti z•<.c rv�•:v`x``ti-.c.-�g ©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 2 8 2020 before me, Ethan Spector,Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/&e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theif authorized capacity(ies), and that by-his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r77.4:64 ET TSPECTOR ��� > Notary Public-California sus= Los Angeles County T ` ° Commission 2308417 4,Foa"" ,1My Comm.Expires Oct 11,2023 Signature Signature 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold,Donna Garcia and KD Wapato,all of Los Angeles,California, EACH,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 6`h day of March,A.D.2019. u+s' •o�W1 .r ins . ==i 10; = � 88AL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By.: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of March, A.D.2019, before the subscriber, a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,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. [N TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,rr,i.; Constance A.Dunn,Notary Public •:s My Commission Expires:July 9,2019 'U,n,1 t0\ Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Wednesday, January 13, 2021 10:29 AM To: Rachelle Arellano Subject: RE: City Attorney Review Folder 1-12-2021 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Rachelle, I have reviewed and approve as to form Amendment No. 2 to the Agreement with Sheldon Mechanical Corporation. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T: (909)483-6642 C: (951)662-9343 www.BBKlaw.com 4-Q- Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano<rarellano@arcadiaca.gov> Sent:Tuesday,January 12, 2021 10:09 AM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Cc: City Attorney<CityAttorney@arcadiaca.gov> Subject: City Attorney Review Folder 1-12-2021 CAUTION - EXTERNAL SENDER. Hi Steve, Attached for your review is a zip folder containing the following items: 1. Amendment No. 2 — HVAC Preventative Maintenance Service 2. Covenant — 2301 Sewanee Lane 3. Covenant — 1538 Rodeo Road 4. PSA— Newcastle Park Precise Scoping Plan 5. PSA— Utility Billing Software Package 1 _ C1ti C)er KS OF ARc9 '�n)} L (4EOIjV9 k � VAIN-, ;may., AMENDMENT NO. 1 TO THE HVAC PREVENTATIVE M ANCE , ,r..., SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 BY AND BETWEEN THE CITY OF ARCADIA AND SHELDON MECHANICAL _UICK.I c°� 11 4.°A,tY°cam°0° CORPORATION KOS Thi Amendment No. 1 ("Amendment No. 1") is hereby entered into this 2/-72/-7441� day of J6\(o,( m�.r , 2019 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 January 16, 2019 ("Agreement"). The Parties agree as follows: 1. Section 3.3.4 of the Contract, the Term is hereby extended from January 16, 2020 to January 16, 2021 ("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: fir- By: Dominic azzaretto City Manager Title: Jrrsi tJr+f- Dated: 1/ • 2-7' /9 Dated: //- /7- a2D/ 9 By: l 1. � ATT T: Title: �.€,/'i.ly` AVE 11Mipciiinotfr- Dated: J(— 1/ - /9 CLi c y APPROVED AS TO FORM CONCUR: Stephen P. Deitsch om Tait City Attorney Public Works Services Director Executed in Triplicate Bond Number: 09335541 Premium: $1,550.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City') has awarded to Sheldon Mechanical Corporation, (hereinafter referred to as the"Contractor") an agreement for HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 (hereinafter referred to as the"Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 16, 2019, and further amended by Amendment No. 1 dated (hereinafter referred to as "Contract Documents"),the terms and conditions of which are expressly incorporated herein by reference;and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. SHELDON MECHANICAL NOW, THEREFORE, we, CORPORATION , the undersigned Contractor and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ONE HUNDRED FIFTY-ONE THOUSAND, FORTY-SIX DOLLARS AND NO CENTS ($151,046.00), said sum being not less than one hundred percent (100%)of the total amount of the Contract, for which amount 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 Contractor, 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 Contract Documents and any alteration thereof made as therein provided, on its 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 all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents,as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City,during which time if Contractor shall fail to make full,complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,law or equity,including,but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or PERFORMANCE BOND- 1 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price'as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 15th day of November , 2019 SHELDON MECHANICAL CORPORATION CONTRACTOR/PRINCIPAL view By: FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY: By: 4 ..1 -yc- Attorney-In-Fact Marina Tapia The rate of premium on this bond is Scaled Rate per thousand. The total amount of premium charges, $1550.00 . (The above must be filled in by corporate attorney.) PERFORMANCE BOND-2 THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Name and Address of Surety) Attn: Paul Wichersham 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 847/605-6000 (Name and Address of Agent or Aon Risk Insurance Services West, Inc Representative for service of process in California, if different 707 Wilshire Blvd., Suite 2600, Los Angeles, CA 90017 from above) Attn: Marina Tapia/Surety Dept. (Telephone number of Surety and 213/630-3200 Agent or Representative for service of process in California NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :: s ,&in^<� e c Ci,:7c ,,, , n e-_C.Y .si3us s � : . 3CC x C ,,.. n S 7 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 & S h LI{' ,'Y' ) ) , `_; n ''{-Z / / On � before me, i C t.,,/ � vi� C�,;5 Y/ V��:''moi✓"l f L�.J r iG , Date / Her Insert arrye and Title of/he Officer personally appeared c J ,Y^4) Ti f J , i3oc., 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/stvitAly executed the same in his/hcr/thcir authorized capacity(i®s), and that by his/hsteir 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. r" 4.1" ‘h.j6***a6...1" , KELLY NUCKOL•L5.`, _ Notary Public-Ciliforniaz WITNESS my hand a`v -••-al. a 3i Los Angeles County z D y z' � Commission#�2154019 ,,/��� My Comm.Ex fres Jun 17,2020 Signature —�41i_ k— W, ` W �, -. ure of Notary Pu. 'c 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) Claimed by Sig er s / , • Signer's Name: r v-) 1-P - i(Tr' Signer's ,, e: Zi`' Corporate Officer — Title(s):--1-4-,St cS zr)7 El Corporate I 's-r — Title(s)2- Partner — E Limited General LE Partner — E Limite._- "General Individual C Attorney in Fact = Individual J- torne act IT Trustee 17 Guardian or Conservator E Trustee .,, -' E Guardian or Co -rvator Other: E Other: ' Signer Is Representing: SignerRepresenting: ` :�.��v�C zx L v^a cR.F"U;%v zti%< _>,u� c7:.,z:: .viz vrk.:z L c =�:` G� z �z7Rrx:�.7L`xxt,x:x..Z`�v, z.n v ,. Ct ©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 NOV 15 2019 before me, Vanessa Fong,Notary Public ,personally appeared Marina Tapia 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 h/she/thcy executed the same in /her/thcir authorized capacity( s), and that by Is/her/thcir 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 VANESSA FONG State of California that the foregoing paragraph is true and correct. COMM.#2213982 > .� LOS ANGELES COUNTY > WITNESS my hand and official seal. f NOTARY PUBLIC-CALIFORNIAZ _ vr.. MY COMMISSION EXPIRES ir SEPTEMBER 14,2021 , Signature �,. Vanessa Fong, Signature bf I tary 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 B.Aleman,Tracy Aston,Tom Branigan, Simone Gerhard,Rosa E. Rivas,Edward C. Spector,Marina Tapia,Nathan Varnold,Donna Garcia and KD Wapato,all of Los Angeles,California,EACH,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 6th day of March,A.D.2019. o- OM ii. 8aM1. 01 t it ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President C VrL 1'k G K. By: Dawn E.Brown Secretary State of Maryland County of Baltimore "' On this 6th day of March, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,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. ..i.•,;:..° a.V q; y i::o}t') T%"3 '` y..). ` Constance A.Dunn,NotaryPublic ''�fir`;nny4-a i%'t S` My Commission Expires:July 9,2019 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, Secretary 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 15th day of November , 2019 , •O. �G `mo .1.01111 I' d $. $$AL tru tale .0 "" By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimsazurichna.com 800-626-4577 Executed in Triplicate Bond Number: 09335541 Premium Included in Premium Charged for Performance Bond PAYMENT BOND(LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia(hereinafter designated as the"City"), by action taken or a resolution passed November 6, 2018 has awarded to Sheldon Mechanical Corporation hereinafter designated as the"Principal," a contract for the work described as follows: HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 (the"Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 16,2019("Contract Documents"),and further amended by Amendment No. 1 dated the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions,provender,equipment, or other supplies 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 Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. FIDELITY AND DEPOSIT COMPANY NOW THEREFORE,we,the Principal and OF MARYLAND as Surety,are held and firmly bound unto the City in the penal sum of ONE HUNDRED FIFTY-ONE THOUSAND, FORTY-SIX DOLLARS AND NO CENTS ($151,046.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs,executors, administrators, successors or assigns,shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change,extension of time for performance,addition, alteration or modification in,to,or of any contract, plans,specifications,or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract,agreement or bond, nor by any conditions precedent or subsequent in the bond attempting PAYMENT BOND - 1 to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given,and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code,and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time,addition,alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named,on the 15th day of November 20 19 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) SHELDON MECHANICAL CORPORATION Principal (Property Name of Contractor) By: 1 (Seal of Surety) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By: �y Aer � Marina Tapia Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND -2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 : ,f..c; 4x•- ,-,Ac <rrccr3c a Com, .S �S )(rs�o. .i �f i .sY C, •ie .. .• >4 o„•,.. -z,:.�i 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 1 ) County of v S t 1")6.)t' ,Y1 ) ) r r On I before me, i "' ` A 1.16 4c Bile J/ V/C`"'-1 ry Gv // . , Date / Her Insert Narrye and Title of/he Officer / personally appeared C JL t'21, 1 C- ( '� . �t't T� 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/s114414ey executed the same in his/hcr/thcir authorized capacity(i4s), and that by his/h4A44eir 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 .ne o lin ,eal. KELLY NUCKOLLS i► :'''.41 ,, Notary Public-California z AO- . Ah 60.0 Los Angeles County D Si .`e muir ���" ' 'I Commission # 2154019 , re of Notary P 0 is ' "- My Comm.Expires Jun 17,2020 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) Claimed by Sig er s Signer's Name: ZO ✓) i_e 1..J" /) ,7e' Signer's ,, e: ////'"' Corporate Officer — Title(s):-/Sic)ev-ir E Corporate S -r — Title(s)/ Partner — ,J, Limited E General E Partner — E Limite._--?'"General Individual E Attorney in Fact E Individual 2 torne act Trustee LT Guardian or Conservator E Trustee �-- Guardian or Co -rvator Other: _, Other: Signer Is Representing: Sig7ls Representing: ` :;:r.V\.�G`c:.(.`c�:%� .v `L.�:E:.'N�...%Jt'. "4� aL`�"`Z`,:F,`,'v`C N.`Yi. ."E{ ',. :.% - %GF` `L<�.' :X..`L Nom,'X<.'y�n.�F N�":X.-F,'v�..: ,M'?�':Y.`L N�VF�.`�`'::..MF ©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 NOV 1 5 2019 before me, Vanessa Fong,Notary Public ,personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/se subscribed to the within instrument and acknowledged to me that e/she/th: executed the same in 4s/her/thcir authorized capacity(is), and that by l s/her/thcir 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 VANESSA FANG i State of California that the foregoing paragraph is true and correct. - ;;WIC F= COMM.#2213982 `r L y,7 LOS ANGELES COUNTY ^V,4 NOTARY PUBLIC•CALIFORNIAZ t1 � WITNESS my hand and official seal. " MY COMMISSION EXPIRES " 1 SEPTEMBER 14,2021 K Signature (2/"----- 1 rte` /�� Vanessa Fong, Signature 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,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 B.Aleman,Tracy Aston,Tom Branigan,Simone Gerhard,Rosa E.Rivas,Edward C. Spector,Marina Tapia,Nathan Varnold,Donna Garcia and KD Wapato,all of Los Angeles,California,EACH,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 6`h day of March,A.D.2019. ,y Wg ,o' w 88A1. s` lave �eM ''Nu ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President • By: Dawn E.Brown • ._ Secretary - State of Maryland County of Baltimore On this 6th day of March, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,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. 0,0 .41Y /„o`. " Constance A.Dunn,Notary Public '',gTt?nniti :�,` My Commission Expires:July 9,2019 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, Secretary 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 15th day of November , 2019 cam Fra..se €g�G 'Oi�i� M le 4.... A. tit ,- 1 raseAl By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 C.74-1 (HVAC Preventative Maintenance and Service 1OC W Contract for Various City Facilities 2018-2019) CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this day of1(1( 200, in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and Sheldon Mechanical Corporation, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES 2018/2019 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. 2.1 The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 14 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Contract,so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project. 2.3 The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing information for the scheduling of the times and sequence of operations required for its Work ("Contractor Schedule")to meet City's overall master project schedule requirements("Master Schedule"). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the Engineer for approval within five (5) calendar days of such notice. 2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City, the Engineer or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City, the Engineer, or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise)or any damages or additional costs or expenses for which the City,the Engineer or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and Contract- 1 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) does hereby agree to compensate the City,the Engineer or the consultants retained by the City for the Project„for and indemnify them against all such costs, expenses, damages and liability. 2.5 The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Contract or of any of the other Contract Documents,the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers'compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor. 2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Contract upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the Engineer or City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor asfull compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ONE HUNDRED FIFTY-ONE THOUSAND,FORTY-SIX DOLLARS AND NO CENTS($151,046.00). Payment shall be made as set forth in the General Conditions. ARTICLE 4. PAYMENTS 4.1 The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. 4.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment. 4.3 Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. 4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract. 4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents. 4.6 The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for Contract - 2 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen. ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover: a. Stop Notice Claims. b. Defective work not remedied. c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the Work can be completed for balance then unpaid. e. Damage to another contractor or third party. f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record ("as-built") drawings up to date. h. Failure to provide updates on the construction schedule. Site clean-up. j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages. Legally permitted penalties. Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor,backcharges or payments withheld pursuant to the Contract Documents. ARTICLE 6. CHANGES AND EXTRA WORK 6.1 The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit "A," and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 6.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, Contract- 3 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contact. 6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days. 6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. 6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. 6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City's estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work,the Contractor presents written proof that the City's estimate was in error. 6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension,vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of$1,000 or less. Regardless of ownership,the rates to be used in determining equipment use costs shall not Contract-4 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: "Net Cost" is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. ii. For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor,the added cost for overhead and profit shall not exceed fifteen(15%)percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor's Net Cost. iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five(5%)percent of the Net Cost of the lower tier subcontractor. v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein. 6.9 For added or deducted Work by subcontractors,the Contractor shall furnish to the City the subcontractor's signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier. 6.11 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by Contract- 5 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 6.14 No dispute, disagreement or failure of the parties to reach agreement on the e terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. 6.15 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties. ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of$500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The"Contract Documents"include the following: Notice Inviting Bids Instructions to Bidders Contractor's Bid Forms Contractor's Certificate Regarding Workers' Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration form Iran Contracting Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Technical Specifications California Building Codes as defined in the General Conditions Addenda Plans and Contract Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. Contract-6 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. ARTICLE 10. INDEMNIFICATION. 10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ("Indemnitees") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity,regardless of whether the allegations are false,fraudulent, or groundless,to tangible property or persons(including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip/slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials,officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 10.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives,notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 10.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim,then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor's obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. Contract- 7 (HVAC Preventative Maintenance and Service Contract for Various City Facilities 2018-2019) 10.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 10.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers' compensation taws. ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Public Works Services Department or may be obtained online at http//www.dir.ca.gov/dIsrand which must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA SHELDON MECHANICAL CORPORATION By: '� �« " — By: Dominic Lazzaret . nature City Manager L y j1 Fsr�EhT Print Name and Title Attest: By: 1/0401 C'LMo By: J ittClerk I Sign-1' IF- P . Name an. Tit-e Approved as to Form: P Stephen . Deitsch City Attorney LI Contract-8