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HomeMy WebLinkAboutC-2014AMENDMENT NO. 6 TO PLUMBING SERVICES AND MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND ARROYO PLUMBING INC. c -2414 -� This Amendment No. 6 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Arroyo Plumbing Inc., with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. Effective March 10, 2009, the annual contract amount shall be reduced by seven percent (7 %). The revised total annual compensation payable by the City to the Contractor shall not exceed TWENTY -FOUR THOUSAND AND SEVEN HUNDRED THRITEEN DOLLARS ($24,713.00) 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA By: _Dt Paly� a .--- Donald Penman City Manager Dated: -').2 u) 0 9 (SEAL) ARROYO PLUMBING, INC. By: e-e'✓ I ✓I 2_jH, t° /' kfZ a h (Print name) /i -e-5 7-e:,Ke� T (Title) Dated AT- ST: � ' o2tj"�0�1 City er Date Pat Malloy, Assistant Cit anager/ Public Works Services Director 3 -/7 —� v0poN ORIGINAL HOP-, 90 AMENDMENT NO. 5 TO PLUMBING SERVICES AND , MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF C o o I q- Ae ARCADIA AND ARROYO PLUMBING, INC. This Amendment No. 5 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Arroyo Plumbing, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including June 30, 2009. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA pe Donald Penman City Manager Dated: , 2008 EAL) PROVED AS TO FORM: City Attorney ARROYO PLUMBING. INC. By: �� o q,q,ba (Print Name) (Title) Dated ✓_mow % .2008 Pat Malloy Assistant City Man ger/ Public Works Services Director 0 0 FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That A/y o y o /01(— 4) ,-h y hereinafter referred to as "Contractor" as PRINCIPAL, and /9 ,, B�`. "Grin A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND AND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shalt well'and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This ?--3rd day of //T"t 2008. --Principal Surety By:ryevi� �j.ti.�,efohff�BS. By: _ - .'(•DEAL) �� � (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California G County of DS #Ali/ LrS On a a �� before me, Date personally appeared K� y�f� /� � `O2 T� �Y AfO �% Here Insert Name eon Title of the Officer Zi'MMC2.1VAA/ Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose name(,( is/affsubscribed to the within instrument and acknowledged to me that he /sheffhey executed the same in his/he0heir authorized capacity(aes), and that by his/lva4heir signature(lo on the instrument the person($J, or the entity upon behalf of which the person()() acted, executed the instrument. GEVORG TERTERYAN # 1605641 1 certify under PENALTY OF PERJURY under the laws o QCommission Notary Public - California Yf of the State of California that the foregoing paragraph is Los Angeles County My Comm. Expires Sep 10, 2009y true and correct. WITNESS my hand and official seal, Signatur OAR 9_ _ Place Notary Seel Above Signa ota Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ism ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That A . A - hereinafter referred to as "Contractor" as PRINCIPAL, and iZa °1 (i0 vj 7�i'La 7 •- -3 Z 7 Weir n 7`y eD .." A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND AND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00), lawful money of. the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the.City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract.fails to pay for any materials, equipment, tools, provisions, provender or other supplies „or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This2 day of �71e 2008. 7Principal ' Surety By: Ke By: - ;(SEAL) �� (SEAL) 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?` S,_ a<, aR. atf�iR,.•. v�._ aa, �v _�Sra.',.a.�.a.aL.a�ae_a> ->.�. State of California A County of LOS I�%✓�s G L� S JI} On tI- / �3 �. � before me, VVR G %'�1t l��jt' y.FJ �✓, �u Cate "Here Insert Name and Title of the Officer personally appeared Names) of Signer(s) ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER I lop of thumb h ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 373 THUMBPRINT OF SIGNER who proved to me on the basis of satisfactory evidence to be the person% whose name(8) is/am subscribed to the within instrument and acknowledged to me that he /sh@44ey executed the same in his /he"thOr authorized capacity(des), and that by his/heli4he r signature(gf on the instrument the person(,#), or the entity upon behalf of which the person(A acted, executed the instrument. GEVORG TERTERYAN 1605 Commission # 1605641 I certify under PENALTY OF PERJURY under the laws 101hitycomm. Notary Public . California � of the State of California that the foregoing paragraph is Los Angeles county true and correct. Expires Sep 10, 2009 WITNESS my hand and official seal.. J % Signature` ��`�" Place Notary Seal Above Signature ctary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to 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) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER I lop of thumb h ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 373 THUMBPRINT OF SIGNER From 811 Pa9e:5 /8 Date: 7/11/20088: 50: 08 AM r FAITHFUL PERFORMANCE BOND Bond #194179 100% of Contract Price Premium $797.00 - Premium based on Final Contract Amount KNOW ALL PERSONS BY THESE PRESENTS: That Arroyo Plumbing, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemninty Company A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND AND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This I Ith. day of July 2006. Arroyo Plumbing, Inc. Amer tractors Indemnity Co-mFapy Principal S y = _- Kevin Zimmerman, Pres. �.� Ga ill - Attorney -in -Fact ?- - - By: By: (SEAL) � (SEAL) _ This fax was received by GFI FAXmaker fax server. For more information, visit: http: / /www.gfi.com 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California //JJ County of /.9�5 �'iri e. On u ! / oZOO? before me, Date Here Insert Name and Title of the Officer personally appeared RRIE J- MULHERN Big c coax 1. s 1802640 y ry=nor�rlrt�t�euc- cwwwao I.�AlII C01NrrN e�plreIIAT 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(51 whose name(6�e-subscribed to the within instrument and acknowledged to me that 6;isge,ttk+ey executed the same it gi;@01heir authorized capacity,(i , and that bK1jPWAheir signature,(aj on the instrument the person(4, or the entity upon behalf of which the person(4<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 hhand and official seal. Signature d Sig ,Oro of Notary Pudic OPTIONAL (� Though the information below is not required by law, it may prove valuable to 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: GHTTHVM'PRINT RI OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 0207 National Notary Association• 9350 De Soto Ave., P.O. Box 2402• Chatsworth, CA 91313- 2402•vruw.Nationa1Nomry.org Item85909 Reorder: Call Tdl -Free 1 -8 76-6827 From: 811 Page: 6/8 Date: 7/11/2008 8:50:08 AM LABOR AND MATERIAL BOND Bond 4194179 100% of Contract Price) Premium: Included KNOW ALL PERSONS BY THESE PRESENTS: That Arroyo Plumbing, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND AND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,674.00), lawful moneyy of the United Slates of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law, PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, not shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This nth. day of July Arroyo Plumbing, Inc. Principal (SE)Kevin Zimmerman, Pres. By. AL 2008, American Contractors Indemnity;Cempany - 5u� _ �Ga.�1, Attorney m Fac[ � (SEA This fax was received by GFI FAXmaker fax server. For more information, visit: http: / /www.gfi.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On v<< /it-400Z Date personally appeared before me, �c � `� ✓>� LA /h -IA ,17 o fa who proved to me on the basis of satisfactory evidence to be the persorjKwhose name,(sQam- subscribed to the thin instrument and acknowledged to me that executed the same i�r authorized capacity(iet), and that bfUlherk r signatureW on the instrument the person(a'f, or the entity upon behalf of which the person•o acted, executed the instrument. CARRIE 1. MULHERN 0 t10 I certify under PENALTY OF PERJURY under the laws rtor�arc of the State of California that the foregoing paragraph is I.osnwc�scoam i rrycallln.elaaeaau�r3,tlnt true and correct. WITNESS my hand and official seal. Place Notary Seal Ab Signature ove Si azure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General CI Attorney in Fact G Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer- [] Partner — ❑ Limited ❑ Attorney in Fact Title(s): — ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 200] Natonal Notary Assoaatlon• 9350 De Sato Ave., PO. Box 2402 • Chatsworth. CA 913132402• w NatiordNotary arg Item 95907 Reader: Call Toll -Free 1- 600-016 -6627 it ri lbt` a �� I rl j� ivo S American Contractors Indemnity, Company 9841 Ai ort Blvd.; 9 Floor Los An eles, California 90045' rP " g POWER M ATTORNEY i r 1 KNOW ALL MEN BY THESE IPRESENTS = - t ` =-That American Contractors Indemnity Company of the State of California, a California corporation, does Hereby appoint, i Gary F= Oltmanns or Gabriel G. Hill of San Dimas; California" _ r y ,� rr II iV Ili �.. i, 1 i =I'r �:I — '- �' r` I� 'i '!' " "L.I. MAE V its true ani]Iawful Attorney(s) m Fact with full authority to -- execute on its behalf-bonds, undertakings, recognizances and16ther' contracts I: of indemnit randwiifin s obli fo inlii nature thereof, issued in the course'. of its business and to bind the Com "an thereb ;; "i -: T P" Y Y n an -- * *" * ** y l expire without further action on. June as�i Amount not to exceed $� 3,000,000.00 This Power of Attorney shall 29 2009 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the followmgaesolahon adopted by - =the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 0 day cf December, 1990: _- "RESOLVED that the ChiejExecutiveiCifficer,�Presraent or any Ytce President, Executive Kce'Presrdent Secretary or Assistant Secretary, shat! have the r � r . power and authority ��i 'r 'a ,'" j' = � - - - ` ' L To appoint Attorneys) -in -Fact and to authorize them to execution behalf ojthe Company, and attach the sealof the Company thereto bonds and undertakings contracts, of indemnity and other writings obligatory .. in the nature thereof and 5a iii r r �1 h ,76 remo°vel at any rime -any such Attorney m Factand revoke the authoritygiven. i RESOLVED- FURTHER; that the signatures of such officers and'the seal of the Company may be affixed to any such Power of Attorney or certificate `relallng thereto`by facsimile, and any such Power of Attorney or eernficate bearing such facsimtle signatures orfacsmule iAl shalfae. valid and bonding upon the Company and any such power so executed and certified by jacstmtle signatures, and facsimile seal shall be vabd'and bmdrngupon the Company =in the futnrev+th respeea to any bond or undertaking }o which Leis attached IN WITNESS WHEREOF American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its P y e Executive Vice President on the 9'" Ja day, of nuary, 2007 _ - - - r 111, r t CI I l 1 11 AMERICAN CONTRACTORS INDEMNITY COMPANY r - 4 MMUMIED r r a iEPL td I _By. �""'�1 z'3-- ai d ', i r I, gs ii �� TATS O OF LOS ANG _ - STATE O �'�CALIFORNIA _- _ § � Adam S. Pesstn Executive Vice President,' r� personally PP� r $ ELES -' " § - - §' ' On this 9th day of January, 2007, before me Steve Fedunak a notary public, ersonall a eared'Adam -S. Pessm Executive Vice President of American Contractors Indemnity Company ,personally known tome (or proved to me on the basis of satisfactory evidence) to; -tie the persons) whose name(s) is/are subscribed to the within instrumeuvand acknowledged to me that he/she/&y executed the samean - her / their' 11 nifized�capacity(ies),:and that by his /her /their signatures) on the,instrumcnVt `e person(s) or the enttty upon behalf of -- ch the person(s) acted; executed the instrument r -- WITNESS my hand and official seal: ] SIEUEF£DUNA Wig- COm ND 1593$76 � t„ N�0.9 NGELES OtuNGrYN1A 1L!` i i Signature of Notary My Lamm: Ezp. June28.2aDB . _- j . My Commission expires June 29 2009 a I;, Jeannie J.yKim • Corporate Secretary of Ameiidan Contractors Indemnity Company, do hereby certify that die Power of Attorney and the ao ' d resolution adopted by�the Board of Directors of'said Company as set forth above,- are true and correct transcripts thereof avid °�Niat�rteither - 'ahe saidPowe'r of Attomey nor the resolution }rave been revoked and they are now in full force'and "effect.. — IN WITNESS HEREOF I have ,hereunto "set my hand this � � thrday,of , JU Y, 200 08_ - _ s - 199179 /I Vn - Bond No�J Kim, Co orate Secretary q iii, - Irr Agency No. ". 6116 vo Rev PQAOY4VL MILLI!' AMENDMENT NO. 4 TO PLUMBING SERVICES AND MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND ARROYO PLUMBING, INC. This Amendment No. 4 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Arroyo Plumbing, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including June 30, 2008. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA ARROYO PLUMBING, INC. By: %nlkA> By: William R. Kelly City Manager Dated: 110'Z' 2007 APPROVED AS TO FORM: P btkta- 'Eity Attorney (Print Name) (Title) Dated: See 7� 10 .2007 Pat Malloy Public Works Services Director From: 4467811 Page: 417 Date: 817!2007 3:3329 PM_ FAITHFUL PERFORMANCE BOND 100% of Contract Price Bond #194179 Premium: $797.00 KNOW ALL PERSONS BY THESE PRESENTS: Premium based on final contract amount That Arroyo Plumbing, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA,. CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled:' PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain In fulll force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Sure and notice of such alterations of extensions of the Contract is hereby waived by ty, said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court_ IN WITNESS WHEREOF, we have hereunto set our hands and seals This-8th. day of August Arrovo Plumbing, Inc, Principal c $y; Kevin Zimmerman, Pres. By: (SEAL} 2007. Amendn Con actors Indemnity Company S Gabr orney -in -Fact This fax was received by GFI FAXmaker fax server. For more information, visit http:lfwww.gfi.com CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT • State of (�' -A . County of. 1 os .4 ,✓ On 9 — / o — a r) before me, `5 % C IF S74 i) �-- ° P_ 4 , Data Name ana Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared c ✓ 5Sc iv 77 7 : 44 i4 12 z M u ,✓ Name(s) of Signers) ❑ personally known to me — OR — >Ipmved to me on the basis of satisfactory evidence to be the persons) whose name�aris /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /fjra authorized capacity and that by JOYCE SANFORD his /her /their signature(a) on the instrument the person(s); comm, #1754989 or the entity upon behalf of which the person(Wacted, MWDVArFRtM"M�W executed the instrument. CFW lOtt WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: ,d c Z- /.3 aN d Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El ❑ El El Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: El Ll El ❑ El El Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Paw, CA 91309 -7164 Pri No. 5907 Rental Call Toll -Free 1- 600 - 676 -6627 From: 4467811 Page; 7P Date: 8/7/2007 3:33:30 ACKNOWLEDGMENT OF SURETY State of California as County of Los Angeles On this 8th. day of August , A_ D. 2007 personally appeared Gabriel Hill before me, a_ Notary Public (Notary, Judge, or other Officer) in and for Los Angeles County, State of California, known to me to be the Attorney -in -Fact of the corporation that executed' the foregoing, instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the -seal affixed 'to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said Instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. CARRIE J. MULHERN COMM. # 1498379 H NOTARY PUBLIC •CALF RNN c N L0.4ANCELES CCUNTY My Cantu. EWhe� JULY 3,1008 (SEAL) P-107 This fax was received by GFI FAXmakerfax server. For more information, visit: http : /Avww.gfi.com S" Ili y1I � at I dA�VU 1:� 8 R ii�ontraktorgWde-m-nity Company Afikfi 9841 Airport Blvd., 9'" Floor Los Angeles, California 90045 III r1� III am 110,�Y,,iI ATTORNEY KNOI MEN BY THESE PRESENTS: - - That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint; th, i Gabriel;Gl Hill ofIS giqAta OItTTI o� an!Dim as, CkIlilfor. nia GAP)in=FI with full authority to - execute on its behalf bonds, undertakings, recognizances and other-&ontractsW I"ifiderinnity and writings obligatory in the nature thereof, issued in the course bind in an Amount not to exceed $ IT J 0 e JiN 191. 1 This Power o* i�,E`,I`W �, ***3,000,000�00* fI tt rn a a - e without on one iii.wIlilliliI, IIIRIIF',111f 1110 29, 201 q wi M This Pa—we-r-cif Attorney is-granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting-duly Galled and held cIWi"' December, 1990. sq; I �vcer, President or any Vice Preside IIJ11 jIk it i Pl4sident, ecrelary or Assistant Secretary, shall have the ,,ED that Ch qkrExe�utive, '�,Jjl�powerlahldaulhoriryk lk 1 d1 114111010 "111 L ! 'I I f z -k` I thereto 1. To appoint Atiorney(s)-in-Factz=dttb-.,aulhorize-�thii0io- execute yon. behalf the Company and attach the'icaliof the m 11 '[IU�dundiertak�4ico4i;aao%emnityand-oilii��, obligatory i . n theInature thereofand, lL III'lliIIII 'WIT0Zhave, at any lime-, any suchAlutornei-in-Fact and revoke the authority given. Aim lohy�RWRower of A Attorney cerik0eine RESOLVED FURTHER, that the signatures of such officers and the seat-q6the4Compary-may be affliedI relating thereto byfacsimile, and any such Pqwikof�Aalinrni�iokr cerjif1ca-ty&"rSu-- ile ci� facsimile shall N valid and binding f ill - 1 11 a11I H1 !I I III, , ,, :1 — — --- - inktircsim upo the Company and any such power I tift byfacsii�ilisiihdiu-m—s and facsimile seal shall be valid and binding upon the Company Viinure with r especito any bond or 11 is attached. IiI f I - r,\ C, qi��IqIIIII i IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its scallto�bii4llixed hereto and executed by llfsjlir �� t Executive -V.iceT.resident.oi ibr9l§R-oi%nuary i6&.. OEM AMERICAN CONTRACTORS INDEMNITY COMPANW �:I aL V It III SPI f k, _t By: Ur 11 § =StA-TEOF.CALIFORNLAI7k Adam S. Pessin, Executive'Vice President 0 7�== Ty 01 ANGELES- § -Exet Vice On this ­iith.day-of January, 200 Fedunakt 7a notary - public, - persoaallyJippemke'Adami S. Pessin, ufNe Vi ry evidence) to P y ,personally known to ime (or proved to me on the basis of satisfactory ly "MCar r WII —name(s)!Vluni�ubscribed to the within instrument and acknowledged to me that he /she /they e: be tI N1111) 11 11 �� 'k I executed the same ill- I id his/heii&hWaulthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(' e ift .y upon belialf OW d Ilk 111IIII which the person(s) acted, executed the instrument. ------ `STEVE WbON"Mik WITNESS my hand -and ?bfficial ietaiE. Comm. No. 1593578 09 0 C - CALIFORNIA AIkIiR IIIIIiI S COUNTY AI3IIF4`kk` E Signature of Notary 'Ilk My Commissiort!expires June 29. 2009� II j M Jeanine Kim, C- orate Secretary of American Contractors Indernmity Co than hereby diiI Power of Att6rney and Ith 'l . II 0 Wt he P( resolution adopted by the Board DirectolI rai&CI as set%rthTb&c;tIi­me and �Gtrect trangeriptftereof and that neither , 'I ge'r -effect the said Power ofIX&6alfic, resolution and &Ngu�1116rce and IN, WITNESS I heave hereunto set `my hand this day of 1200 Bond Nd:,,l Secretary �"earm?e J. Kim, ColI'porate Agency No. #6116 _ � )ti H EVA I`I �I� ij� ....�. From: 4467811 . , Pale: 5A Date: 8/7/2007 3:33:29 PM LABOR AND MATERIAL BOND Bond #194179 (100% of Contract Price) Premium: Included KNOW ALL PERSONS BY THESE PRESENTS: That Arroyo Plumbing, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY' OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00), lawful money, of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors; jointly and severally, firmly by these presents. THE CONDITIONS' OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, In case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court, This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 8th, day of August 2007. Arroyo Plumbing, Inc. A actors Indemnity Company` " Principal trety ,� �i rney -in -Fact " By: Kevin Zimmerman President B Gab (SEAL) Y (S _ This fax was received by GFI FAXmaker fax server. For more information, visit: http:]/www.gfi.com w.gfi.com CALIFORNIA ALL•PURPOS ACKNOWLEDGMENT • State of County of �4 6c A , aS � L. -Q s before me, �Sc Y A'i /2 IS �e antl TiE tle of Officer (e.g., "Jane Doe, Notary Public') On `L— / G — 0 Date personally appeared �1. / ; A./ -Sl �%% 7 ; _„n -41 457 /2 ZM 1+ / Names) of Signer(s) ❑ personally known to me - OR - V- Proved to me on the basis of satisfactory evidence to be the person(w whose namees/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(,sYCn the instrument the person(s), JOYCE SA M FORD or the entity upon behalf of which the person(,)-acted, OOt1M 117 executed the instrument. ANI Moo' Ip01NYtVOU1trWY0NN4 Wqlt WITNESS my hand and official seal. -) cy r- a:a=4� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: N Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call loll -Free 1- 8007 878-6827 State of California County of Los Angeles From 467811 Paye:7 /7 Date: 817/20073:33:30PM ACKNOWLEDGMENT OF SURETY ss On this 8th day of August , A. D. 2on7 personally appeared ^abriel Pill before me, a Notary Public (Notary, Judge, or other Officer) in and for Los Angeles County, State of California, known to me to be the Attorney- in -vact of the corporation that executed the foregoing, instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. =,01-- ARRIE J. MULHERN COMM. 01488379 m NOTARY PUBLIC • CALIFORNIA o y 9MY40=1=18 (Notary Public, dge or other Officer) (SEAL) This fax was received by GFI FAXmaker fax server. For more information, visit: http: / /www.gfi.com iliq fil J� ? A R aaltzlawft Xmdkd� Contractors l"emnity Company 9841 Airport Blvd., P" Floor Los Angeles, California 9004 ill P ikOF ATTORNEY OW M�auEjKNO*-ALL MEN BY'THESE PRESENTS: That American Contractors Indemnity Company of the -State ofCalifomia,afCalifoF�!a 1, corporation, does hereby appoin 13 �a@n 4c;sro. Oltma—run-so-r-,Gabriel Hill ofSa,6*m1` as, Ci14or'l omits tmetidlawful Attomey(s) &Fa_ct, with full authority to execute on its behalf bonds, undertakings, recognizarices and _othSilcontracts�_ o bind the�Qortpgjjbl in "of indemnity and writings obligatory in the nature thereof, issued in the course o�111,11WIP, Amount not to exceed $ ****,000,000�00**********-. This Power of,A a re withMut-fauriheM gn� June _7 29,2009.-- Ill %_3 This PA&-ofAftomeylis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by= l the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly caked and held on the h day of December, 1990. J, that the Chief Exectil ive Pfficer, President or any Vice Preside i 141 1 P eaidenl, Secretary or Assistant Secretary shall have the - 110� 11,,Tit7� To aTointAtiorney(s &in-Fact:gntdtto.authorize4ih&m % -aCct-aeo—n.behalfg�f- the .&—mpa-!F-j&-dgitach the'seahtfill pony thereto, Sbligatory'l"dwaiure the - nature - thereof hii '14,hd und-ertakiniA -c�lha";Adl Wer-wriiings JI1111 11,1141 tillblrembve, of any lim—e, any such Attorney-in-Facl and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the sea! _qQhe-(Loiupany5n;qy heff3MM_— any M XPower q6l`16rawr-cerjoMe relating thereto byfacsimile, and any such PowaF, bfAitarne A A" br certificate bearing suety facsimile sigi- W i reseal shall be valid and binding " the Company and any such power Company upon e ompar �h the"future with respect -to any bond or IN WITNESS WHEREOF , American s6 ij, 1N,l I I i ExecutiveNiceTresident oEthW§ gtl SEPl By § Adam S. Pessini,Executive'Vlicc President 6F MSTATE OF CAEIFOI�� jill %FZbONTY OF 00S�ANGELES § On this 9th day-of-January, 2007V eduilZ- Ta notary public, personally appeared Adam S. Pessin, Executive Vice 0 known to - me (or proved to me on the basis of satisfactory evidence) to PresidenLj5fA9=T�tractX ffiffi persona d be th4ffirn(i)4hil Junne(s) isTare subscribed to the within instrument and acknowledged to me that( he/she/the executed the same in s the per Atity upon 605IMM WR I hislheRi;i®rauthorized capacity(ies), and that by his/her/their signature(s) on the instrument which the persons) acted, executed-the instrument. AK" tFb Comm. OC WITNESS my hand and official wdl. * lo� -STEVE �o,1593578 ei�ji;. CALIFORNIA-el NOTARYPU in A) G, �icoig. T20Y - I Ll Signature of Notary __ My comffilssyim�expires June 24��)dfl L r I 1, J eJ. Kim Corporate Secretary ofAmerican Contractors Indemnity. gompanyjo hereby-66tifitfil Power of Attorneyarl eanni rut ;-of said Company as settl _ 69eMn"ue and correct tninsiriptilihereof and that neither resolution adopted by the Board of Directoll ill ,)kjj,� ljbk:�r — - 27— frrt'.ir A 0 nz­ - and t—Kb:-Y-4rei.n—ow-iii--�full-force and effect. .thesaidPowero Att n r esoluti&rh&e1bie revoked 0 IN WITNESS lIq ere 200 SUZ,Raveh" unto setay, hand At-h day of Bond,No )l 94111179 77Jeatl J. Kim, Corporate Secretary I q Agert 'cy No #6116 j l R., POAOMVM� ORIGINAL l/0o "80 AMENDMENT NO. 3 TO PLUMBING SERVICES AND MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF 1 ARCADIA AND ARROYO PLUMBING, INC. This Amendment No. 3 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Arroyo Plumbing, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2007. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By: U90- William R. Kelly City Manager 200$ ARROYO PLUMBING, INC. 0 (SEAL) ATTEST X14 b� City Clerk Date APPROVED AS TO FORM: City Attorney (Print Name) /-'GS7 -77 (Title) Dated: 006 CONCUR: Pat Malloy Public Works Services Director •n8 i tra $191 •p0 • pre ITNFUl- PEIR tac p ce FP O NS g� THESE PRESENTS. co OW ALl PERSO Inc KN o plUmbi.n „ pl„ and. That Arr° „Contractor as pFtINCI ws of the rred to as of the Itee;ng, or gTTele uaran bound under and by virtue hereinaft o{ makiheld and 1.111 , the business do for the suas�surety, are as the "City iriAWO duly o�-a uP d d� j�aensed ak�D9RED SEVENTY POUR DO theRS ds or undert Payment P, corporation 1FORNIA N erernatt tutors, CaGfornra and Tnen for State °f sole surety , C D FNEo he United Stoateselves, our heirs, eesents. OF becoming WE i`, SM THOUSA money we bind firmly by these p unto the 574 laWf to be ade, and severally, said NpCEWTS l$ZS�;,ell and truly m orntly ARE SUCH, that t the City to of wh +ch sum, assigns and successors, 1 TION ontract w adminsistrators, OF THIS Obout�t0 enter into a C the prolect entitled, THE CONDITIONS and is contract documents for has been awarded CONTRACT Contractor uaed pursuant to the D MAtWTEWANCE perform all work 1eq the City to G SERVICES AW and is requ;red by PLUMBIW orate°dt herein, aidContract, this, reference eexe P execution ell and which Contract is by his Subcontractors shis art to be give this Bond m connection With the Contractor and including THEREFORE, if said Obligations of said Contract hereinp NOW' all the covenants and °bli the manner sP then this obligation truly do and perform at the times and : uality requirements, done and performed ecificat;or and q compliance with all aOOtherwise d shall be and remain in full forceo and effect material to be shall be null and that any alterations in the work to be done extensions of time PROVIDED a be made pursuant to the terms onoashall ny e shall not f any which Y thereunder, furnished, waived by way release said 1e p tractor or the Surety granted under rovisions °f tions -of exte °si °use °f thelContraactls hereby �r said said C Surety, and notice of such a tera is said Surety. ht upon this^ Bond by the City:.and judgment A a In the event sushalt Pay all costs incurred` recovered, said Surety the Court . reasonable attorney's fee to be fixed by , IN WITNESS WHEREOF, we have hereunto day of oc b r y. 4 r?yi1STOl0 P1 mb na I�- Principal �s >- z��nlnerman -SQ L),president *emium Based on Fjga1 the City in such SWt, inclu ing r hands and seals contractors Indemnit `r h Il itr Co n d II �I ylyyd�lylpo Vl'pP �Mltl�ytl�lp(yly _ y .I Ivy d - �I���i�y�l����1' tl�iN41�y� 'I'�N'��'�l�lii'ii�y���ti __ari Contractors Indemnity Company 9841 Airport Blvd., 9'" Floor.-Los Angeles, California 90045 ^!I(II iP 0l yl ;e d 9�,�o d�l� �'ty�nNll'uM1� Il�dl�� 'I'�Vdl4'" 1 i ly POWER OF ATTORNEY f (, kNOWlALL MEN BY THESE PRESENTS -.. - I � „ ( � : V i�lolii�yilll(Iliyi ��IiGl���l��lrlll�IdllV �(if a ' That American Gontractoi Indemni Comp�fanyj? of Ute State of California a California corporation, does hereby appoint, 41 ryM IFJP'ddlhl' 'l �l(gl V�lluu, _ = Gary F.'Oltnianns or Gabriel G. Hill of Glendora, California of true and and writing l rt +) -in- •t with full authority-to execute on its,behalf bonds, undertakings recogmzances_and other• contracts its tine and lawful Attomey(s) m Fac _ * rn the nature thereof, issued This Power of Attorney shall expire without urthera action ny� in an n , g uR¢d g g0"li 1 mm-W This Power of Attorney is ranted and � 000 000:00 " " * " *• * *•* 1 � II (Y 41 �I 6661166t to exc I�II �� �� �� March 18 2007 hP,tY' ^ � iii mi _ Y g is signed and scaled by facsimile under'and by-the-416 ority of the_followmg- Resolution adopted by ''I'I d pl II�,ylµl d��DecBmber,o1990 ectorsof AMERICAN CONll2ACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6'" day of jr, 1i IIJJII II l hurt, - RESOLVED that the Chief Executive Oficer, President or any Vice President, Executive'Vice� Presrdent� Secrets or Assrslant Secretary, sha!! have =lhe _ power and authority ;Vl i ii i � V iJ�i 11l1 1 ,� y - ry - —v q4Y�IIi (di�p��I�P���ll���uI��IIF � _ �I' hli III rrJiII� 1 - To appoint Att 'r< e (!') tir- bill to authorize them to execute on behalf of the Company, and attach the seal of the Company jherrto, bonds and undertakings, contracts o rndemnit and other writings obligatory in the nture;thereojand — _ _ ? 2.- To remove,- at any. time, any such Atlorney- m-Eac! and revoke the authority gtven 6IP of �yl pw� ' nhe Company o fac im' de, an an any suchePower ojA�rney or certificate ertificate bearing suchjacsrm le si affixed tures any such Power acsimr'le seal shall be v'ey or certificate d any such power so executed and,certt red b acsrmdesi atur,4 a iui � 1° °''' 1 °� ° 'I' �" f sha!! be valid and bindml 1 JA -in the future with respect Ail bond or wtdertakin to which t! rs pftached = rpu Jacsmu elseat{ahall be valid andbinding upon the Company ° g �I�i ��u l,�,� IIIi�Pi ���I���Jfl _ - - -< U'W[TNESS_WHEREOF Americaii'Cbntractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief _v Executive Officer on the 15ih day of December 2003 A = dhlllli�l 1p ill'•. .II IIII'IIIp ���10!Ih C NT AI411LiZICAN RA�TORSINDEMiYiTY COIVIPA' "VY STATE OF�CALIFO RNIA — •pl'01Po4 .!r I, I1,1111111u:11 III ly1 I,. B n COUNTY OF LOS ANGELES J��N�l�� ����h I�I� �y ill, II I�I Ip Robert R. omas, Chief Executive Officer gV1� @41 §Ihi]il�l IIJf�i -= - �n3his 15th3ay of December 2003, before me, Deborah Reese, a notary public personally appeared Robert F. Thomas, Chief Executive y _ proved to me on ilia basis of satisfactory evidencg).to be the person (s) whose names is/are subscribed Company, personal! known to me or rov his/he /therauthorized capac ty(ie�)ela[i tat elyl. "''Ins%lier /their sin nt¢ture st on the W�Cdged tolme satisfactory executed the same in _ th m to - _which thepersortjs)a®ted= exeeute���II e'll(� " � I ����III "' g U - he mstruruent tho„p'er-'son(s), or the entity upon behalf of WITNESS mynaa/dd and official seal. lu,�., 409 , i/lf 1.,..�- �, ilf {" r ii lj �f �.,') } - CommYtion ## 1406149 z 14 i nalur ®�o Nora ,, `atY PuCtic = CaBfomla Y — - �h�i � "Cbp1inriiit�ssionexpiresMarch 18.2007 ���County .. : - My Caiom. UWes Mar 18, 20071 I Jeannie J. Kim, Corporate Secretary of American Contractors.Indemmty Company, do hereby certify that the.Power� o_ fT A_ n-^ and:the- resolution adoptedy,I p h j,gctors of said Company,as set forth °above are trueand correct transcri tsthereof and that neither the said Power of A n t� ution Have been revoked and the 9�e now in' "full force and effect, p pp -iN WITNESS HEREOF, i have hereyyunto set my hand this 27th day of October -�Op ( _ - `lil rtIIIM�iiIl�Bond'No 19.4179 ` � rig k; t l � �I �r, Ji i ''I, Jean n lei. Kim Co orate Secretary Agency No. #6116 _ �lrlli��lll�i il(�r t� ` � ` _ f I'lJ'III r in.l II' III II'�l�llil,ll ,- . L.I' I, Rw. MAOln1/On 411iri��yr Qyyi !illy IVII � I����ldk�Jl��l�✓IIIy��l�l l�l��i ��,Vj�� �rl � _ 4 • ACKNOWLEDGMENT OF SURETY State of California ss County of Los Angeles On this a 7+#�day of QGf-. , A. D. -Z 00& • persAnally ap eared %� b +�� Q_ � /�' � � before me, a L � r.i c Minh ( Lag udge, or oth r Officer) in and for Los Angeles County, StateVof California, known to me to be the ,-nct� -:n - F� ---t of the corporation that executed the foregoing, instrument, and up oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. COMM. p 1499379 N0TAR1P1�� ��ORNU (Notary Public, adge or other Officer) LOSANGELESCWNtY MY Lamm. Expires JULY 3,1W8 (SEAL) • Bonf$ 199179 Premium: Included LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That Arroyo Plumbing, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 27th day of October ...A_rroyo Plumbing, Inc. Frincipal'.- By: Kevin Zimm man President 2006. tors Indemnity Cc MAill Attorney -In -Fact Amer><can Contractors Indemnity Company 9841 Airport Blv— Corn90045 or LR eles 711 _I,�iNrII kl IG41ii't, 'A hd(I�7P �IOld W EOF ATTORNEY K N61 MEN BY THESE PR ESENTS l _ - V � That Arnenca_ Contractors Indem �f" � �'it�tc State of California, a California corporation, "d es hereby appoint, 111111 11NII11' iuLllvllll�" _._ _— Gary K Olimanns or Gabriel G. Hill of Glendora, California — al omey(s) m Fact, the nature thereof, issued a the s,beha'of nds, gndertakmgs recogmzaaesand other contracts_'_ its true and lawful Att act with full authority to execute on its,behAlf b of indemmty and writingsiobligato " "' ttsibusiness and to bind the Company thereby, in an ll +ll "13;000,000.00 + + ++ +_ "C" This Power of Attorney shall expire without further action on March Aroouiitnot_.to exce a 11 This Power of Attorney is granted and is signediand sealed by facsimilender and by theautho>ri4 the;following Resolution adopted by h l9�r the Board of Directors-of AMERI(�ANICONITRAGTORS fNDEMNITY COMPANY at a meeting duly called and held on the 6".day of ICI III N ii 11 11.1 p�JIiI II$j IN • December, 1990 , �. I 1 t - =_ 'll VIII IIII Ilt� ••SOLVED that the Chie(Execulive Off er Iresident or any Vice President, Execuilve! Vices Preaidenth i6retary or As sistant_SecretaI shall have the power and authors III �II�IppI��I I'll ������� I�l�l ty ! M`o� ooim Altblrney(s)- in-Fact arid to authorize them io execute on behalfof the Company, and attach the seal of the Comparry_thereto, III — bonds and undertakings, contracts of indemnity and other writings obligatory in the natureahereofand— 2. To remove,-at any time, any such Attorney m Fact and revoke the :aathontygwen -_ - - - 611Ii I�j 111 il� IIIIIII q I III, IFI I I I' ' k s �Illl ryp ���LVED FURTHER, that the signatures 'ajsueh officers and the seal of the Company may be affixed to any such" Power of Attorney or certificate - i 999YYY1 wp�l lnr` Y _ f . yj _ _gn 11. 1h " "� u u Ip �a 1111.11 11 - � 'bmdrn lyi , , relating (hereto •by facsimile, and any such Power of Attorney or certificate bearing such facsimile si atures or facsimile seal shall be valid and g 1 von the Company and an such power so executed and certi red,b acsrmdei.ri atures n �ls afl be valid and binding n the Compairy in the future with respect io'any bondQr_i!Irlak'ing to which rtis attached �����I l 7N WITNESS WHEREOF Ani n rI Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief _ – Executive Officer on the 15 da y of December, 2003 �IIIV ARiERiCAN CQNTRAC`FORS INDEMNITY CyO�IIMiG�1IlA�N�YIS1 IJ�IIi�iRlN�4' On Thin 50 day of December2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive MW Officer n of American Contractors Indemnity Company, personally know to me (or proved to me on the basis of satisfactory evidence) to = _ e subscribed to the within insti=umentand acknowledged to me that he /she/they executed the same in _g which /theli eson {s) acte execute �� t4" t� IIIR' 1�hil /1�,er /their signature(s) on the instrutnent�the person(s), or the entity upon behalf of h s/her %then author zed�actty(i "a)tl�l'e�tsi�ult�,� i�..11, WITNESS myhand and official seal. _ . = DEBORAHREESE tornks �ql [ ill ,q �IMVVIclIII,/ ✓tQGci —� 4 1 ` — {,oignpelerCounN I���IIII'��hl'i�nall mI'fNotary = I%FMy Comm. ExpkmMor1B 2007 �J C81trussion expires March 18, 2007 I, Jeannie J. Kim, Corporate Secretary of American Contractors. Indemnity Company, do l,hereby certify that the Power'of Attorney -and the resolution adopted h d}� I�aar� �f Dl ctors of said Company as set forth above', are true and correct transcripts thereof and that neither Ili6 or II I'll the said -Power of A Dine}% nor,the resolution have been revoked and they'are now in full force and effect. tl u011r .ti 1� u11, m9, urun.• — SIN WITNESS HEREOF, I have hereunto set my hand this 27th day of 200 Ln{{ �a'�I��IJIJ'BondNo:194179 1. L� 1 'I VIII lit Jeann J Kim Co orate ecretaryl r �IILull = � � 11 I 1114 di 1 Ih i l�� ,��•'1 Agency No. #6116 = _ 9���' I' II IIII Rm POAN /Hle -. '111'111 IIII IIII IIII ul it �l 111111 �' ��j111 l� -. ACKNOWLEDGMENT OF SURETY State of California ) ) ss County of Los Angeles ) On this -Z-'74'—day of Oc-f- A. D. per zonally appeared �6�' �' 1 before me, a C u o, /; c MV /AC.-A (Notary, Judge, or oth r Officer) in and for Los Angeles County, S to of California, known to me to be the dine - i,, -J-a c t of the corporation that executed the foregoing, instrument, and Oon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. CARRIE J. MULHERN S COMM4 p 1498379 N ate: NGTARY OUBLIC _C AL�ORNIA 10.4 ANGELES CG XW Ny Comm. EV" JULY J, LOSS (SEAL) (Notary Public, 96dge or other Officer) CALIFORNIA ALL- PURPOSEICKNOWLEDGMENT • State of L ,a L t in. Q N County of �:i _g -4 ti !�!,- l- � 15 On yl A "i , / 7- � o o E before me, r, Y CC �,4 ., � R J , Dale Name and Title of Officer (e.g., -Jane Doe, Notary Public-) personally appeared V A/ Z` m M t 2/YN N Name(s) of Signer(s) ❑ personally known to me - OR - (proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /bsr /their authorized capacity(i�), and that by hisa* /their signature(s) on the instrument the person(s), �pyCE8AI&JIpp or the entity upon behalf of which the person(s) acted, Oa1mlY " # 14319% executed the instrument. �10nri1 0 Gbt * �■ �p WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: Z A- AA a `I" E P- A, 1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT 'OF SIGNER is Signer's Name: ❑ Individual El ❑ ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 913094184 rrco. no. oau r —umu.. — ao . ... CALIFORNIA ALL•PURPOSEICKNOWLEDGMENT • State of (1, A (.,' ;� g,' A County of a s A .t, !x � 6< s On 7_ o a 7 before me, ---5 y c F S a ,v G o K j Date Name and Title of Officer (e,g..'Jane Doe, Notary Public') personally appeared { -4:- V ' N Sc c-77 Z ' A.1 M P- Q Al +A-/ Name(s) of Signer(s) ❑ personally known to me - OR —roved to me on the basis of satisfactory evidence to be the person() whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /. r heir authorized capacity(id), and that by his /W /their signature(s) on the instrument the person(s), JC1C[611i0AD or the entity upon behalf of which the person(s) acted, car "M0141199j executed the instrument. Me11ry 11610 • McAng"Coll WITNESS my hand and official seal. %FFMVco0 aPON"JW49. Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to 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: >' 7// z G/1 P a R 0 A Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Association • 8236 Remnant Ave., PO. Boa 71N • Canoga Park. CA 913u9 -11 64 nw. ,... »u, .Iwo Ivry- z QF • 1160- kO AMENDMENT NO. 2 TO PLUMBING SERVICES AND MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND ARROYO PLUMBING, INC. This Amendment No. 2 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Arroyo Plumbing, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including September 25, 2006. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No: the date set forth below. CITY OF ARCADIA ARROYO PLUMBING, INC. William R. Kelly w City Manager (Print Name) Dated: �'u 200' (Title) ')E` ) JEE E. I U APPROVED AS TO FORM: P' Oat �. //ff Ci yt Attorney Dated: /— 3— O 6 -OW CO, Pat Malloy Public Works Services Director • FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That L Arroyc Plumbing, inc hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnit and #194179 Premium $797.22 Premium subject to final contract amount A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally,. firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 22nd day of December 2005. Arroyo Plumb'ng, Inc A nd mn't Co cipal Cety VMFORO By qL) VIMA c .� By Gabriel Hill (Attorney in Fact) CALIFORNIA ALL- PURPOSACKNOWLEDGMENT State of O A L' C = 2 r . , It County of � o � Q„ ) !6 . / � S On o !— c 3 — o C before me, --:s , y,f <' A , �'a K d/ , Date Name and Tale of Officer (e.g., "Jane Doe, Notary Public') personally appeared _ U N S c a'7 Z; M �n ­,P 2 .Y A N Named of Signer(s) ❑ personally known to me — OR — roproved to me on the basis of satisfactory evidence to be the personK whose name(ayis /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 /berltheif - signature(S)-on the instrument the person(s); IOICEf�ifO� or the entity upon behalf of which the person(s) acted, Oomrntrgon 0 143199b executed the instrument. illol0ry haft - caromb Lm I �CpM, WITNESS my hand and official seal. WOomm B�Yr►Ju1�9, Signature of Notal Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: vl,a.0 C-" a e . J Document Date: o l — a 3 _ 0 6 Number of Pages: / Signer(s) Other Than Named Above: Capacity(les) /Clla�imed by Signer(s) Signer's Name: ❑ Individual 7 Corporate Officer Title(s): 4%u rc(e—Y T • Partner — ❑ Limited ❑ General • Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator MON ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Perk, OA 913097194 Nroo. NO. o9ur neorcer. Im, ionvree -wry o.o ooe • e td #194179 mium : Included LABOR AND MATERIAL BOND (100% of ontract rice) KNOW ALL PERSONS BY THESE PRESENTS: That Arroyo Plumbing, Inc hereinafter referred to as "Contractor" as PRINCIPAL, and Indemnity Company American Contractors A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF. we have hereunto set our hands and seals This 22nd day of December 2005, Arroyo Plumbing, Inc, America n ractors Indemnity Principal Sur a by Gabriel Hill ey At Fact By: (SEAL) (SEAL) (S EA-IT f j C mwAr , 01g1"s Me1rr11� • C�aib CALIFORNIA ALL- PURPOOACKNOWLEDGMENT • State of C° A 4 C c ta ti, A County of '-:i c S ,/lL < 5 On /--3-06 before me, o Y c4 S a e Date Name and Tillie of Ofter (e.g,. 'Jam Doe, Notary Public") personally appeared y; Al S c 1' = z: 4, Name(s)=4) r ❑ personally known to me — OR — 21-proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he /ahe/they executed the same in his /herAheir authorized capacity(ies), and that by his /her /their signatureSs} on the instrument the person(s), q�Egpppp or the entity upon behalf of which the person(sj acted, 40011111111111111111111lon 01431996 executed the instrument. gobV pilm - cani LOS MpelNCCU* WITNESS my hand and official seal. 4yArs. tiprn,Ai �, 2oD'! I 8--of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: —)11 2 o- „/ �Q Document Date: e / — 0 3 — a C_ Number of Pages: i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: '// ❑ Individual �K Corporate Officer Title(s): 76�(G.a T ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s1: ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Nalary Association •8236 Remmel Ave., PO. Box 7164 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll-Free 1- 800 - 8]6082] American Contractors Indemnity Company 9841 Airport Blvd.. 9th Floor. Los Angeles. California 90045 POWER OF ATTORNEY 12-5347 KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California. a California corporation does hereby appoint. Gary F. Oltmanns or Gabriel G. Hill Its true and lawful Attorneys) -in -Fact. with full authority to execute on its behalf bonds. undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S * * *IOno nnn__nn T)nllarg * * *. This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December. 1990. - RESOLVED that the Chief Executive Officer. President or amp Klee President, Executive lice President, Secretary or Assistant Secretary, shall have the power and authority To appoint Auornev(s) -in -Fact and to authorize them to execute on behall of the Compuny, mud crouch the seal of the Compatnv thereto, bonds and undetvak-ings, contracts of indemnity and other writings obligaorn in the nature dtereol and, 2. To remove, a anv time, am- such Atornev-in fact and revoke the authority given. RESOLVED FURTHER. That the signatures of such officers and the seal of the Convpanp tern be of to anv such Power of Attornev m- certificate relating thereto b,v facsimile, and am, such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal .shall be valid and binding upon the Company and an such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 28th day of February, 2003. AMERICAN CONTRACTORS INDEMNITY COMPANY INCOWORQEO z SEK.. 26, 1990 o^ By: ,GLIFaRMa� Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of-American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that lie executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal Nonna J. Virgilio, Notary NORMA J, VIRGILIO Commianion • 1 =31 0 i i Q*CwnrrLEwmSep7?,2W5 Notary Public - California Lm Angeim County I, .LAMES H. FERGUSON. Corporate Secretary of American Contractors Indemnity Company; do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. - e IN WITNESS HEREOF, I have hereunto set my hand this -4L4 day of /� c' .100 J Bond 'No. / /-Al 7 f Agency No vJAMES H. FERGUSON_ Corporate Secretary rec. POA06120:01 0 ACKNOWLEDGMENT OF SURETY State of California ss County of Los Angeles nd On this off- day of t , A. D. onally oz0o.S A-bri'e./ /-A // before me, a L urri e �} W7 w i h qe�l^ (Notary, Judge, or other Officer) in and for Los Angeles County, Sta a of California, known to me to be the /A -Zn F4c•1' of the corporation that executed the foregoing, instrument, and on oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. CARRIE J. MULHERN JULY Co M. 11498379 NOTARY PUBLIC • CALIFORNIA LOBpNO WCOUNTY Qg My_ Wmn����+of (SEAL) (Notary Public, Jddge or other Officer) • AMENDMENT NO. 1 TO PLUMBING SERVICES AND D A MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF s ARCADIA AND ARROYO PLUMBING, INC. e� ORpOAATEO- This Amendment No. 1 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Arroyo Plumbing, Inc. with respect to that certain Agreement between the parties dated September 25, 2003 ( "Agreement'). The parties agree as follows: The term of the Agreement is extended to and including September 25, 2005. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA ARROYO PLUMBING, INC. = f: By: U " �w William R. Kelly City Manager Dated: !•0 0 2000 APPROVED AS TO FORM: O- City Attorney (Title) Dated: /emu % .2004 �69N R: Paf Mall 6y Public Works Services Director F (Print Name) - - -- - " (Title) Dated: /emu % .2004 �69N R: Paf Mall 6y Public Works Services Director i • FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That hereinafter referred to as "Contractor" as PRINCIPAL, and A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: AMENDMENT NO. 1 TO PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This_9 ay of VJVF7vbpt. 2004. Surety By: (SEAL) commis*m 11413M NftY Poft • Ca/Oe1b • • LABOR AND MATERIAL BOND (100% of ontract rice KNOW ALL PERSONS BY THESE PRESENTS: That hereinafter referred to as "Contractor" as PRINCIPAL, and A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of TWENTY SIX THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($26,574.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: AMENDMENT NO. 1 TO PLUMBING SERVICES AND MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This /7 of Alt, Q&0" 2004. `� „� unn�nw�se0wN 1 CommlWari i 141b96p . u Notary FVW - Cammom WLa Angain Caw*R Surety By: (SEAL) . .1� American Contractors Indemnity Company 9841 Airport Blvd. 9th Floor, Los Angeles, CA 90045 (310) 649 -0990 FAX: (310) 649 -0416 Continuation Certificate Bond Number Bond Description Bond Amount Effective Date Expiration Date ARROYO PLUMBING, INC. 300 N. SANTA ANITA AVE ARCADIA, CA 91006 Obligee: -CITY OF ARCADIA P.O. BOX 60021 ARCADIA, CA 91066 THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON IT AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE WITHIN THE FIRST AND /OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR FUTURE. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SIGNED AND DATED THIS 20th DAY OF OCTOBER 2004 Agent: SOUTHERN CA. INSURANCE BROKER P. O. BOX 758 GLENDORA, CA 91740 AMERICAN CONTRACTPVS INDEMNITY COMPA NY Brian Dahlke' Attoriq- in -acc CA59ABMI03 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On OCTOBER 20, 2004 before me, Jennifer Wayne, Notary Public D.I. Name db 111b of Omoar leg., •Jam Doe. Rodry pmwl personally appeared Brian DaUke Wpnlel o1 6i9neHe1 $Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence ��a141����NN4rN�N����NMN���NNN II OlMy JENNIFER WAYNE G G COMM. #1291526 R R NaTARY ROM- CALIFORNIA S 2 LOSANGELESMUNIY 2 :�•Nw�•• Comm .El� "Jamwy26,2n 2 to be. the person($) whose namem SAM subscribed to the within instrument and acknowledged to me that he/M109W executed the same in him authorized capacityRU and that by his/I signaturdW on the instrument the person(S), or the entity upon behalf of which the person(n) acted. executed the instrument. my And and offic/al seal. eipidbre OPTIONAL Though the information below is not required by law, it may prove valuable to 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: CONTINUATION CERTIFICATE Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑' Individual o0 0l month Here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Wdonal Wary A MO fion -9350 De SO Ave., P.O. BO 2402- ChatP th. CA 91313-24()2 - e nalaulmury.m9 Pmd. W. 5907 Redder: Cell ldFrde lmoueiuoou American Contractors Indemnity Company O� 0 9541 Airport Blvd., 9`" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, . does hereby appoint, Frank Mester, Ariel T. Heredia, Brian Dahlke, John Russell, Tah Carazza or S. Karima Burnes its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ 1,863,000.00** *Dollars This Power of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6" day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority I. To appoint Attorneys) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 1. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certifed by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect 10 any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15" day of December, 2003. vo�tpECTOPj�yQ AMERICAN C NTRACTORS INDEMNITY COMPANY .3 II(WOUTO R SER265m :1 By: '�i, •o STATE OF CALIFORNIA Robert F. Thomas, Chief Executive Officer COUNTY OF LOS ANGELES S On this 15" day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS /my hand and official seal. Signature of Notary My Commission expires March 18, 2007 OEBORAN REESE 14-0 _ %,MY ComtnMrlon N 1406149 Notary Publlo - Ca6lonao Lot Angeles County Comm. Explim Ma 18.2007 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set.forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 20TH day c OCTOBER 2004 Bond No. 194179 - Je' nn J. Kim, Co orate Secretary Agency No. #9012 Rr,. MAI2/15,03 F, Premium BasetOn i Final Contract Price nru� r cn 100% ofl KNOW ALL PERSONS BY THESE PRES ' That Arroyo Plumbing Inc. hereinafter referred to as "Contractor" as I 1 1 I 1 1 1 1 American Contractors Indemnity A corporation duly organized and doing busin( State of California and duly licensed for the pure sole surety upon bonds or undertakings as Sure OF ARCADIA, CALIFORNIA, hereinafter referr SIX THOUSAND FIVE HUNDRED SEVENT ($26,674.00) lawful money of the United States well and truly to be made, we bind ourselves, ou and successors, jointly and severally, firmly by THE CONDITIONS OF THIS OBLI Contractor has been awarded and is about to all work required pursuant to the contract doi 2003 — 2004 PLUMBING SERVICES which Contract is by this reference incorporated this Bond in connection with the execution of sa *Bond No.: 194179 Premium: $797.00 Executed in Three Parts under and by virtue of the laws of the e of making, guaranteeing, or becoming are held and firmly bound unto the CITY to as the "City" in the sum of TWENTY FOUR DOLLARS AND NO CENTS America for the payment of which sum, eirs, executors, administrators, assigns use presents. )N ARE SUCH, that whereas said into a Contract with the City to perform its for the project entitled: MAINTENANCE CONTRACT and is required by the City to give NOW, THEREFORE, if said Contractor aftd his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner sl�ecified herein including compliance with all Contract specifications and quality requireme its, then this obligation shall be null and void, otherwise it shall be and remain in full forcer and effect; e PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terns of said Contract, shall not in any way release said Contractor or the Surety thereunderx nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Cyntract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered. said Surety shall pay all costs incurred by the gity in such suit, including a reasonable attorney's fee to be fixed by the Court. i IN WITNESS WHEREOF, we have hereto set our hands and seals L This 3rd day of ^ e tember 6 2003. Arroyo Plumbing Inc. ;American Contractors Principal Surety By: By (SEAL) rSEAL)Chr rher J R Attorney IN Fact 17 ; ' PDF- created with`FinePrint pdfFactory trial version http: / /www.Ddffactory.com Company L1F,.!ORNIA ALL - PURPOSE &KNOWLEDGMENT : rcrc�', crc= c�sY�:c�'�L- .c- ,cr- �^sr„^�:. •cr'�Y'�.5�rci��.cr =.rcr State of California County of Los Angeles On SEP 3 before me, Debra K. Bell, Notary Public Dale Name and Tile of Officer le.g.,'Jane Doe, Notary Public') personally appeared Christopher J. Rizzotti Namals) of Signets) 1E personally known tome - M _ io be the person(§) whose names) is /SWiRsubscribed to the within instrument and acknowledged to me that he /shedheg executed the same in his /baz9biasir authorized capacity(W, and that by his /hedthLsacsignature(99 on the instrument the person(*, DEBRA K. BELL or the entity upon behalf of which the person(Q acted, 93 Commission 0 1430084 r executed the instrument. rS Notary Public - California M L OS ANGELES County ,a WITNESS m hand and official seal. MY CM n EVMJUL 30, 2007 y V Signature of Notary Puoli OPTIONAL Though the information below is not required oy law, it may prove valuable to 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: Signer(s) Other Than Named Above: Capacity(*us) Claimed by Signer(s) Signer's Name: Christopher J. Rizzotti C Individual Corporate Officer Title(s): Partner — Limited General Attorney -in -Fact Trustee Guardian or Conservator , J Other: Top of thumo here Signer Is Representing American Contractors Indemnity Company Number of Pages: Signer's Name: C Individual Corporate Officer Title(s): Partner Limited ❑ General Attorney -in -Fact E Trustee Guardian or Conservator Other: Top of uwmo here Signer Is Representing: 11995 National Notary Association • 6236 Remmet Ave.. P.O. Boa 7184 • Canoga Para. CA 91309.7184 Prod. No. 5907 Reorder: Can Tall-Free 1.800. 676.6827 6 American Contractors Indemnity Company ' 9341 .Airport Blvd., 9th Floor. Los Angeles, California 90045 POWER OF ATTORNEY �OW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Christopher J. Rizzotti , true and lat%'ful Attomcyts) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnin and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an 'nount not to exceed S 1,500,000.00 This Power of Attorney shall expire ssithout further action on ptember 27. 2005. This Power of Attome} is aramed and is signed and sealed by facsimile under and by the authority of the follooing Resolution adopted tthe Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th clay December. 1990. RESOLVED rhw the Chiel Erecatiye O/)rcer President m' a!n f'ice President, E_vecutive IYce President. Secretary to .4 vsievuut Seeretan, shall /tare pox'er andauthonn . 1. To appoint Aaorneit's }in -Fact and to a!ahon:e them to execute oil behalfofthe ComponI. and attach the seal ofthe Compagr thereto, homes and undertakings, contracts of inclenminv and other is obligatory in the nature thereol and, 2. To reotc e. at ton' time, tats. such Attorney -in fact and revoke the authoritt' given. RESOLVED FLRTHER. rhw the signatraes of suck officers and the seal ojthe Compton nifty' he affixed to on such Power of Attorney m- certificate �atirrg thereto by jacl omle. and tan such Power of Attorney or certificate bearing .such firesin!ile signatno'es or jacsonile seal .shall be valid and ding upon the Comi•ar!y o!d m!r such power so executed and cervljied br jacsin!ile signatures curd facsimile seal shall be valid and binding upon the Company in the future a ith respect to any bond or undertaking to which it is attached." WITNESS WHEREOF. American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its sident on the 28th day of February, 2003. ' �o�tRpCT0kr�, AMERICAN CONTRACTORS INDEMNITY COMPANY 3 INC09POPAE0 SEPT 26,1990 -'mac 1 � o By: U GNS Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA UNTY OF LOS ANGELES i n this 28th day of February. 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive Wcer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and owledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. TNESS my hand and official seal 4 O YWLia Norma J. Virgilio. Notary' NORAU J. VIRGn.10 Aem Commission i 1322310 i Notary Public- California Loa Angeles County Ay Corm F�yites Sep Z7, 2005 I,IAMES H. FERGUSON. Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof I that neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect. WITNESS HEREOF. I has e hereunto set my hand this _ day of S P 3, _W, 200 tJAMES H. FERGUSONOCotorate Secretary re,% POA04 ^0:0 � CALIFORNIA ALL•PURPOSACKNOWLEDGMENT • 1 1 1 1 State of (� A 1; e Countyy of s A L < S / On 9 -/1- c- 3 before me, X01'« SdN Ccad - U.-TA i, Date Name and Title of Officer (e.g., 'Jane one Notary Public") personally appeared 4' of ` ) S c TT Z ' a . Names) of Signer($) ❑ personally known to me - OR - 9proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /F}ei /i authorized capacity(io, and that by JOYCE tIMIOUD his /her /their signature(s) on the instrument the person($), ConrrlYMO^�1p1996 or the entity upon behalf of which the persorl acted. N01°�'C°0 executed the instrument. IaJnplMaCOUIly IIIpComa Et4rYa� J1I29.200 WITNESS my hand and official seal. .�9 Signature of otary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to 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: A,, TG !C L P-a rz rli / Document Date: 9 -� a - a 3 Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: 9 Individual X i Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER, Signer's Name: 9 ■ IMMK Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1 0 1994 National Notary Association • 8236 Reoul Ave., PO. Box 7184 • Canoga Park, CA 913097184 Prod. No. 5907 Reorder: Call 1011 -1-ree 1- tlUU- tl /e -aae/ Premiurn Based*On Final Contract Price �^ (100% of KNOW ALL PERSONS BY THESE PRE; ' That Arroyo Plumbing Inc. hereinafter referred to as "Contractor" as 1 I 1 1 1 1 American Contractors Indemnity Company A corporation duly organized and doing busine State of Califomia, and duly licensed for the purr sole Surety upon bonds or undertakings as sure OF ARCADIA, CALIFORNIA, hereinafter refers SIX THOUSAND FIVE HUNDRED SEVENT ($26,574.00), lawful money of the United States well and truly to be made, we bind ourselves, ou and successors, jointly and severally, firmly by THE CONDITIONS OF THIS OBLIG) Contractor has been awarded and is about to er all work required pursuant to the contract docu 2003 -2004 PLUMBING SERVICES which Contract is by this reference incorporated this Bond in connection with the execution of s: NOW, THEREFORE, if said Contractoroi for any materials, equipment, tools, provisions, services, or for rental of same, used in, upon, i contracted to be done, or for any work or labor under applicable law with respect to any work or same in an amount not exceeding the sum sl brought upon this Bond, a reasonable attorney': shall inure to the benefit of any and all persons, claims under applicable law; • Bond No.: 194179 Premium : Inc. Performan Executed in Three Parts under and by virtue of the laws of the a of making, guaranteeing, orbecoming are held and firmly bound unto the CITY to as the "City" in the sum of TWENTY FOUR DOLLARS AND NO CENTS America for the payment of which sum, airs, executors, administrators, assigns me presents. )N ARE SUCH, that whereas said into a Contract with the City to perform its for the project entitled: MAINTENANCE CONTRACT rein, and is required by the City to give Contract; ubcontractorin said Contractfails to pay ovender or other supplies, or teams, or or about the performance of the work iereon of any kind, or for amounts due bor thereon, said Surety wilt pay for the cified above, and also, in case suit is ee, to be fixed by the Court. This Bond impanies, or corporations entitled to file PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or seams, or services to be furnished, which may be made pursuant to the terms of said Cor�ract, shall not in any way release either said Contractor or said Surety thereunder, nor stall any extensions of time granted under the provisions of said Contract release either salt) Contractor or said Surety, and notice of such alterations or extensions of the Contract isihereby waived by said Surety. IN WITNESS WHEREOF, we have here This 3rd day of September Arroyo ,Pitmbipg Inc Principal By: BY (S L) 18 set our hands and seals 2003. CK�ber J.- Rizzotti Attorney IN Fact__- ' PDF created.with FinePrint pdfFactory trial version http: / /www.pdffactorv.com RNIA ALL - PURPOSE State of California County of Los Angeles 3 qmfl �t7llly On UU1111 0j before me, Debra R. Bell, Notary Public 0ate personally appeared J. Rizzotti Name and Lae of Officer (e.g.. -Jane Doe Notary Public') Names) of Signens) 3E personally known to me- _ to be the personj§) whose name(s) is /aWtubscribed to the within instrument and acknowledged to me that he /sway executed the same in his /limnttlimir authorized capacity(W, and that by DEBRA K. BELL I his /badthraccsignature(s9 on the instrument the person(sp, Commission tt +430084 r or the entity upon behalf of which the person(Q acted, cc Notary Public - California executed the instrument. _I LOS ANGELES County My Comm Evm JUL 30, 2007 WITNESS my hand and official seal. Signature or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: Signer(s) Other Than Named Above: Capacity(ms) Claimed by Signer(s) Signer's Name: Christopher J. Rizzotti E Individual Corporate Officer Title(s): = Partner —= Limited General Attorney -in -Fact Trustee Guardian or Conservator J Other: Top of thurno here Signer Is Representing: American Contractors Indemnity Company Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner —:11 Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: PocirrvuU-MBPRwr 1995 National Notary Assccaeon - a236 Remmel Ave.. PO. Box 7184 - Canoga Para, CA 91309716a Prod. No. 5907 Reorder: Call Toll -Free 1.800dlbb827 American Contractors Indemnity Company ' 9341 Airport Blvd.. 9th Floor, Los Angeles, California 90045 POWER OF ATTORNEY t OW ALL MEN BY THESE PRESENTS: t American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Christopher J. Rizzotti true and lass'ful Attorneq(s) -in -Fact. with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an ount not to exceed S 1,500,000.00 This Poster of Attorney shall expire xrithout further action on ember 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted the Board of Directors of AMERICAN CONTRACTORS IN'DE,MNITY COMPANY at a meeting duly called and held on the 6th day December, 1990. - RESOLVED that the Chief E.xecuthe Officer; President in ant Vice President, £reciane 1rrce President. Secretm;t or Asstoant Secretary, shall hure ' potter and aadrow.1 . 1. To appoint Attorner(s)-in -Fact mid to authori =e then[ to execure on behalf ofthe Cornpomt and attach the seal ref die Conepant thocro, bonds aid undertakings, contracts of indentnin and other ti-firings obligation in the nation rhereofand. ' ?. To remote, retain tone, mm such Attorney -in jut and revoke the authm'in, given. ' RESOLVED FURTHER, that the signatures of such ofieers and the seal of the Company evcq' be afJi.red to an' such Potrer ofAttornet or certificate tong thereto hr acsimile, tent( am such Potter of Attorney or certificate bearing such facsimile signano'es or Jiacsin ile seal .shall he valid and ling upon the Con ,;mar and urn' such potter .so executed and certified hr jacsi nile signatures and facsindle .seal shall be valid and binding upon rite Company in the future [kith respect to any bond or undertaking to xihich it is attached." WITNESS \\ HEREOF. American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its sident on the 28th day of February, 2003. ' Mtgr4 AMERICAN CONTRACTORS iNDEMNITY COMPANY Off, S INCORPORATED z W SEPT. 26,1990 ' O �1 By: CgI�10A Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA § UNTY OF LOS ANGELES n this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive cer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and agnowtedged that he executed instrument the foregoing instment and affixed the seal of said corporation thereto by authority of his office. N0fVAA J. VIRGILtO TNESS my hand and official seal Commiaslon• 1322310 ,t - ¢ Notary Public - California f ti Los Angeles County Norma J. Virgilio. Notary MyConm Eipirm Sep 27, 2M6 TAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof a� that neither the said Power of Attorney nor the resolution have been revoked r�and they are now in full force and effect. 11 ■1ViNESS HEREOF, I have hereunto set my hand this day oW J , 200 JANIES H. FERGUSONjkorporate Secretary rev. POA04,200 �I CALIFORNIA ALL- PURPOACKNOWLEDGMENT i :J I LJ I 1 I 11 1 0 1994 National Notary Association • 82M Remmet Ave., PO Box 7184 • Canoga Park, CA 91309 -7184 Prod. No 5907 P.M., Call Toll -Ree 1- 800-876-8827 State of C' A L.' County of o s Atiac= L . 9- `Say On IS- O3 before me, e ti l_ , Rd Date Name and Title of Officer (e g., "Jane Doe, Notary Public"') personally appeared 7T- z t M `x ... `x , Names) of Signen(s) ❑ personally known to me - OR -0-proved to me on the basis of satisfactory evidence to be the person(a% whose nameW is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /hr /tWr authorized capacity(iaug), and that by JOMCtFtiIll�OtiO his /her /their signatureko on the instrument the person(s), - OomrdWan ♦1p�996 or the entity upon behalf of which the person(5) acted. Now 111411111101111110-C11111111111111°"a0 la ArglMn County MMCam ago""AM29. executed the instrument. III . WITNESS my hand and official seal. Signature of Note Public OPTIONAL Though the information below is not required by law, it may prove valuable to 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: 9 ire -&g Ta rw L n ox 4 Document Date: !3 - / 1 - a 3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other. Top of thumb here Signer Is Representing: Signer Is Representing: 1 0 1994 National Notary Association • 82M Remmet Ave., PO Box 7184 • Canoga Park, CA 91309 -7184 Prod. No 5907 P.M., Call Toll -Ree 1- 800-876-8827 AGREEMENT THIS AGREEMENT, made and executed this 5th day of S _& le--) 6 e, , 2003 by and between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007, hereinafter referred to simply as "City ") and Arroyo Plumbing, Inc. whose address is 300 N. Santa Anita Ave., Arcadia, CA 91006 hereinafter referred to simply as "Contractor ". RECITALS A. City has invited bids relative to providing plumbing services on an as needed basis. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: 1. The Contract Documents consist of the Notice Inviting Bids, information to Bidders, the Bid Security Form either Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions of the bid document, the Labor and Material Bond, Faithful Performance Bond, Non - Collusion Affidavits, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a Contract Documents substantial acceptable nts are hereby inco po at d inand made manner. All t of this Agreement as truly as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide plumbing services as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, providing plumbing services, tools and equipment, and doing all thework contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for all other risks of any description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance TWENTY SIX THOUSAND City HUNDRED Contractor SEVENTY full FOUR AND NO the sum of NO CENTS ($26,574.00). 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. 15 5. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within five (5) calendar days after said notice is given. The City's Public Works Services Director, or his designee, shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, or his designee, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director, or his designee, to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF A'R,,AC,�pADIA 4. City Manager Date (SEAL) ATTEST: @@� 3 t Jerk [ate APPROVED AS TO ORM: City Attorney 16 CONTRACTOR ARROYO PLUMBING, INC. By: �Y Kevin S. ZinWerman President Title 629e ct z3 License No.