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AMENDMENT NO. 7 TO HVAC PREVENTATIVE MAINTENANCE < (00 10` R
AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES BY
AND BETWEEN THE CITY OF ARCADIA C"�
AND SHELDON MECHANICAL INC.
This Amendment No. 7 ( "Amendment No. 7 ") is hereby entered ir)to by
and between the City of Arcadia, a municipal corporation of the State of
California, and Sheldon Mechanical, Inc., with respect to that certain Agreement
between the parties dated October 6, 2003 ( "Agreement ").
The parties agree as follows:
The term of the Agreement is extended to and including October 6,
2010.
2. Special Provisions (page SP -5) Section E -q shall be amended to
include the following language:
Immigration Reform and Control Act. Contractor
acknowledges that Contractor, and all subcontractors hired
by Contractor to perform services under this Agreement, are
aware of and understand the Immigration Reform and
Control Act ( "IRCA'). Contractor is and shall remain in
compliance with the /RCA and shall ensure that any
subcontractors hired by Contractor to perform services under
this Agreement are in compliance with the IRCA. In addition,
Contractor agrees to indemnify, defend and hold harmless
the City, its agents, officers and employees, from any
liability, damages or causes of action arising out of or
relating to any claims that Contractor's employees, or the
employees of any subcontractor hired by Contractor, are not
authorized to work in the United States for Contractor or its
subcontractor and /or any other claims based upon alleged
IRCA violations committed by Contractor or Contractor's
subcontractor(s).
3. All terms and provisions of the Contract not amended by this
Amendment No. 7 are hereby reaffirmed.
[SIGNATURES ON NEXT PAGE]
In witness whereof the parties have executed this Amendment No. 7 on
the date set forth below.
CITY OF ARCADIA
By:
Donald Penman
City Manager
Dated:_ lots 1 O 4
(SEAL)
ATT T:
ity Clerk Date
�C
at Malloy, A ista Manager/
Public Works Services Director
SHEL
(Print name)
President
(Title)
Dated:
* * * * ** *DUPLICATE ORIGINAL * * * * * * **
Executed In Triplicate Bond.Numb r: SU 5011655 -E
Premium Based on Final Contract Amount PremiuermN 533 %2009- 10/612010
FAITHFUL PERFORMANCE BOND Bond
of ontra Price
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation ,
hereinafter referred to as "Contractor" as PRINCIPAL, and
State of Caliiom a and duly Iicen 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 ONE HUNDRED TWO THOUSAND AND TWO HUNDRED AND SEVEN
DOLLARS AND NO CENTS ($402,207.00), 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:
HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT
FOR VARIOUS CITY FACILITIES
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 foil 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 attorneys fee to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
This 9__ th ____day of October , 2009.
Sheld94 Mechanic C op ration Arch Insurance Company
nn Surety
S )Raymond E. Gail, Attorney in Fact
BIC -4
CALIFORNIA • ACKNOWLEDGMENT
State of California
County of
San Bernardino
On OCT 0 9 2009 before me, Stacia C. Baker, Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared Raymond E. Gail
Name(s) of Signer(s)
N/A
STACIA C. BAKER
Commission # 1776731
"< • �� Notary Public - California
San Bernardino County
Comm. Oct 29, 2011
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(e) is /are subscribed to the
within instrument and acknowledged to me that
he /sla Away executed the same in his/he#4h& authorized
capacity(4)e), and that by his /heir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature
1 7 /Uj-
Place Notary Seal Above 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(lies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
• Individual
• Corporate Officer —
❑ Partner — ❑ Limited
❑ Attorney in Fact
Title(s):
❑ General
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
of thumb here
ACKNOWLEDGMENT
State of Califor is
County of
On before me, 11 IIJ "/ V07�!
77 (i sert name and title of the o icer)
personally appeared i's
who proved to me on the basis of satisfa ry evidence to be the person($) whose nameQQ is /aFe.
subscribed to the within instrument and knowledged to me that he /sheAk -t- executed the same in
his /hen4"r authorized capacity(i06), and that by his /19wAheir signature¢) on the instrument the
person(y„ or the entity upon behalf of which the person(<acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
KELLY NUCKOLLS
WITNESS my hand and fficial seal. Conmmtoabn ►1802284
MogKf► Pubk • Camo►�Ma
Loo MpW Cmq
My Comm. Expires Jun 17, 2012
Sign (Seal)
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint
Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH)
its true and lawful Attomey(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
Within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these. presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 1 st day of May -02008 .
Attested and Certified
soonC C
CORPORATE o3"O
u SEAL
1971 t.
IWO
Martin J. Nil #, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
Arch Insurance Company
r
If 1 0944
J. Mi hael Mij, Vice PAs Wen
I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be
the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set
CObIlblONWF.ALTH OF PBNNBYLVAMA
NOTARIAL SEAL
Brian C. Kuhn, Notary Public �Brian. Kuhn, Notary �Public
City of Philadelphia, Philadelphia County My commission expires 12 -06 -2011
CERTIFICATION My commission expires December 06, 2011
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in
full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further
certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and aff ed the corpor s I of the Arch Insurance
Company on this day 20
Martin J. Nil , Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOMLOO13 00 03 03
Page 2of2
O�n�EC��O
1971
7971 1�
lbsoud i
Printed in U.S.A.
* * * * * * * ** *DUPLICATE ORIGINAL * * * * * * * * * * * **
Executed In Triplicate Bond Number: SU 5011655 -E
Premium Included In Performance Bond Bond Term: 10/6/2009 - 10/6/2010
LABOR A D MATERIAL BOND
(100% of .on ract rRice)
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and
Arch
State of California, and duly licenses for the purpose of making, guaranteeing, or
becoming sole Sure 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 ONE HUNDRED TWO THOUSAND AND TWO HUNDRED AND SEVEN
DOLLARS AND NO CENTS ($102,207.00), 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:
HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT
FOR VARIOUS CITY FACILITIES
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 sold 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 sold 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 9th day of October , 2009.
Sheldon Mechanic oration Arch Insurance Com an
nnc' Surety
B gy: ---T 2
{ Raymond E. Gail, Attorney in Fact
BIC-2
CALIFORNIA • ACKNOWLEDGMENT
:,aj >�:; <��2 $ ,•.; >�.��> > ��::.�� >�-.��, ,�:, >,:, >�;, < C , t a:.. < <i:,..... -.< . ,• , . ,�.., . , . a., . ...mac«- .,,_: <�- :.�- :<� <�.,�.,�.
State of California
County of
San Bernardino
On OCT 0 9 2009 before me, Stacia C. Baker, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Raymond E. Gail
Name(s) of Signer(s)
N/A
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(e) is /afe subscribed to the
within instrument and acknowledged to me that
he /shaAhey executed the same in his /#e4ieir authorized
+,W,,,.,.,. capacity(aes), and that by his /hAF4hAw signature(s) on the
STACIA C. BAKE instrument the person(, or the entity upon behalf of
Commission # 1776731 which the persons) acted, executed the instrument.
�d Notary Public - California
San Bernardino County
Comm. Oct29,20tt I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand Ind officials I. XA
Signature
Place Notary Seal Above
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:
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):
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• _ ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
• El Attorney in Fact
"7
❑ Trustee Top of thumb here ❑ Trustee
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
ACKNOWLEDGMENT
State of Califorry's,,
County of — 4.19,7
On before me, rkle //j
(i sert name and title of the o icer)
personally appeared c-S/
who proved to me on the basis of satisfa ry evidence to be the person(,$) whose name �9 is /apa .
subscribed to the within instrument and knowledged to me that he /sue executed the same in
his /herft"r authorized capacity(iK), and that by his /hFe4their signaturelo on the instrument the
persono r„ or the entity upon behalf of which the person(<acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
KELLY NUCKOLLS
WITNESS my hand and off 'al seal. Comaieebn fin"
� Notsxy PubNa - CdMarnie �
Los Angeles County
Mi Comm. Expires Jun 17, 2012
Signa ure (Seal)
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint
Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH)
its true and lawful Attomey(s) =in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
Within the dollar limit of authority as set forth. herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these. presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and tiled with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00MI-0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 1 st day of May .'2008 .
Attested and Certified
CORPORATE 0
SEAL
1971
Nts:ouri
Martin J. Nil 011 Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
Arch Insurance Company
I/
1 - Of ice .r n
I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be
the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set�Brian COMMONWEALTH OF P6NNBYLVAMA
NOTARIAL SEAL
Brian C. Kuhn, Notary Public . Kuhn; Notary
City of Philadelphia, Philadelphia County My commission expires 12 -06 -2011
CERTIFICATION My commission expires December 06, 2011
I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated
May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in
full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further
certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I h v E ereunt subscribed my name and aff ed the corpor s I of the Arch Insurance
Company on this day of 0 9 , 20
Martin J. Nil , Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOMLOO13 00 03 03
Page 2 of 2
CORPORATE o�'O
SEAL
1971 �.
Ihsoud
Printed in U.S.A.
CERTIFICATION OF CONTRACTOR
IN ACCORDANCE WITH
LABOR CODE SECTION 1861
The undersigned is aware of the provisions under Section 3700 of the California Labor
Code which requires every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance in accordance with the provisions of that
Code, and it will comply with such provisions before commencing the performance of
the work of this Contract.
BIC -4
• C- ao(G —�
AMENDMENT NO. 6 TO HVAC PREVENTATIVE MAINTENANCE
AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES BY..
AND BETWEEN THE CITY OF ARCADIA
AND SHELDON MECHANICAL INC.
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 Sheldon Mechanical, Inc., with respect to that certain Agreement between
the parties dated October 6, 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 ONE HUNDRED TWO THOUSAND AND TWO HUNDRED
SEVEN DOLLARS (102,207.00)
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:
Donald Penman
City Manager
Dated: 1. 11A 61 a
(SEAL)
ATTE T:
fat City clerk N, Date
Pat M Iloy, Assi tant ity Manager/
Public Works Services Director
Dated: "�,�'
C-
AMENDMENT NO. 5 TO HVAC PREVENTATIVE MAINTENANCE
AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES BY
AND BETWEEN THE CITY OF ARCADIA
AND SHELDON MECHANICAL 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 Sheldon Mechanical, Inc., with respect to that certain Agreement between
the parties dated October 6, 2003 ( "Agreement').
The parties agree as follows:
1. The term of the Agreement is extended to and including October 6,
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
By:
Donald Penman
City Manager
Dated: �0 112.4 2008
I
Dated: 16_�,3, 2008
APPROVED AS TO FORMi
LP.U� � • 6 G�iPti�/�L�
Steph n P. Deitsch, City Attorney Pa Malloy, ssis nt City Mgr/
Public Works Services Director
;PREMIUM BASED ON FINALOONTRACT AMOUNT *nd Number: SU 5011655 -D
' 'EXECUTED IN TRIPLICATE Premium:$1,649.00
FAITHFUL PERFORMANCE BOND Bond Term:10 /6/2008- 10/6/2009
100% of ontract Price
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and
Insurance
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 ONE HUNDRED NINE THOUSAND AND NINE HUNDRED DOLLARS AND
NO CENTS ($109,900.00), 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:
HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT
FOR VARIOUS CITY FACILITIES
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 16th day of October , 2008.
Arch Insurance Company
Surety
3y'- �k- t / aS i
(SEAL)Raymond E. Gail, Attorney in Fact
BIC -1
0
E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
....L:t. �j�.4ji�. \t. d., <. .J ;, ... tea. .. \i(:
State of California
County of San Bernardino
On OCT 16 2006 before me, Stacia C. Baker, Notary Public
Date Here Insert Name and Title of Me Officer
personally appeared Raymond E. Gail
Names) of Signens)
who proved to me on the basis of satisfactory evidence to
be the person(e,) whose name(e) is /are subscribed to the
within instrument and acknowledged to me that
he /shoAhey executed the same in his/gerkfaeir authorized
StaC1A C. BAKER capacity(4%), and that by his/her 494 signature(e) on the
Commission M 177671 instrument the person(e), or the entity upon behalf of
Notary Public . California which the person(s) acted, executed the instrument.
son Bernardino County
Comm 011994011 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
[� �
Place Notary Seal Ab Signature
wa Slg ure of Notery PuNm
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 MEMO *0
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Net
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
LE
\.<�/.\ ✓ice `.r�� \ ✓, n�r�✓ \vG \ei4�::.. \.�.. �L \,.may: \ ✓i\ -• /1i
ACKNOWLEDGMENT
State of California n
County of x.05 Vr ek
On /d'd -UP before me,, f-P VI�W,4�) .( — �� /us/ ®1116
(i sert name and title of the o icer)
personally appeared SAC lei:I
who-proved-ta-mE-on-the-basis-of satjsfobtory evidence-to-be- the - person( *- whose-name0Q!s, /ece-
subscribed to the within instrument and acknowledged to me that he /shaAhey executed the same in
his /her{their authorized capacity(", and that by his /hedibefr cignatureN on the instrument the
persontj4, or the entity upon behalf of which the person(sJ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
KELLY NuCKOLLS
WITNESS my hand and o icial seal. Commsmon • 1802234
tary
No P Wla - Ca010rola
Loa Angeles CouM7
M Comm. E m Jun 17, 2012
Signature (Seal)
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint
Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH)
its true and lawful Attomey(s }in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being In full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shelf have the power and authority to appoint agents and 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, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process"
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
VREMIUM INCLUDED IN POORMANCE BOND Od Number: SU 5011655 -D
EXECUTED IN TRIPLICATE Bond Term: 10/6/2008 - 10/6/2009
LABOR AND MATERIAL BOND
0% ot contract Price)
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and
Arch
State of California, ind 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 ONE HUNDRED NINE THOUSAND AND NINE HUNDRED DOLLARS AND
NO CENTS ($109,900.00), 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:
HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT
FOR VARIOUS CITY FACILITIES
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 16th day of October , 2008.
Sheldg.p Mechanigal Corporation Arch Insurance Company
Princ k5i4 Surety
{y B-y. {S on�yGail, Attorney in Fact
BIC -2
RN „�: tirX'i%»�r�.:�$s!rTta.,.j<.,at sa <,a<.i< {ti,asf3t,.>N, �iz,7.. as y,a.�j<(�:;ai!s�S�..>;rT. �.SrT..�(3.,�.)5,:�<, �i!c� {y.3>Sra'�a��. i•SSjv. '�a�i
State of California
County of
San Bernardino
On OCT 16 2008 before me, Stacia C. Baker, Notary Public
Date Here Insert Name and Tale of the Officer
personally appeared Raymond E. Gail
Name(s) of Signers)
B7ACIA C. SANER
Commlulon 1 177671
Notary Public • California
Son Bernardino County
*Carril YeeOct29 2811
who proved to me on the basis of satisfactory evidence to
be the persons) whose narri is /are subscribed to the
within instrument and acknowledged to me that
he/sgekgey executed the same in his/lmw4h& authorized
capacity(ies), and that by his/Nef4heir signature(s) on the
instrument the person(a), or the entity upon behalf of
which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
,
Signature t�f l�4
Place Notary Seal Above ignatum 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-0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
IIGHTTH
Number of Pages:
Signer's Nar
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
ACKNOWLEDGMENT
State of California
County of /'Os
On /0 before me,
(i ert name and title of the o icer)
personally appeared SA e4 / V iJey�,,)
subscribed to the within instrument and acknowledged to me that he(shaAhey executed the same in
hislhe04heir authorized capacity(i�, and that by his /h=r/thA � signature( ) on the instrument the
person(, or the entity upon behalf of which the person(, acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand ¢. 'eiaf seat CYO #trO��
_ % Notary Pub k - Callforala
= Loa Jmoolee County
MX Comm, Ea Tree Jun 17, 2012
Signature (Seal)
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as.the "Company ") does hereby appoint
Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH)
its true and lawful Attomey(s)•in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these, presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certifiled to by
the undersigned Secretary as being In full force and effect ,
'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process "'!`
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by'the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
f
• t 0elf- K
AMENDMENT NO. 4 ORIGINAL
TO HVAC PREVENTIVE MAINTENANCE AND SERVICE CONTRACT FOR
VARIOUS CITY FACILITIES BY AND BETWEEN THE CITY OF ARCADIA
AND SHELDON MECHANICAL CORPORATION
This Amendment No. 4 ( "Amendment No. 4 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California, and
Sheldon Mechanical Corporation with respect to that certain Contract between the
parties dated October 6, 2003, as heretofore amended ( "Contract').
The parties agree as follows:
1. The term of the Contract is extended to and including October 6, 2008.
2. For the period of the extension of the Contract, the total compensation
payable by the City to the Contractor shall not exceed ONE HUNDRED
NINE THOUSAND AND NINE HUNDRED DOLLARS AND NO CENTS
($109,900), which reflects a cost of living adjustment of 2.0 %.
3. All of the terms and provisions of the Contract not amended by this
Amendment No. 4 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 4 on the date
set forth below.
CITY OF ARCADIA SHE
By: qw—&-k By:
William R. Kelly
City Manager
Dated: Wo , 2007
II-21 /0-1
Date
APPROVED AS TO FORM:,
- /��
Step en P. Deitsch, City Attorney
(Title) '
Dated: Q' 2007
CONCUR:
Pat Malloy
Public Works Services Director
• i
CERTIFICATION OF CONTRACTOR
IN ACCORDANCE WITH
LABOR CODE SECTION 1861
The undersigned is aware of the provisions under Section 3700 of the California Labor
Code which requires every employer to be insured against liability for Workers'
Compensation or to undertake self - insurance in accordance with the provisions of that
Code, and it will comply with such provisions before commencing the performance of
the work of this Contract.
Fi[31
*EXECUTED IN TRIPLICATE*
*PREMIUM BASED ON FINAL CONTO PRICE*
BAfi Number: SU 5011655 -C
P ium Amount: $1,649.00
FAITHFUL PERFORMANCE BOND
100% of Contract Price
Bond Term: 10/06/2007- 10/06/2008
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and Arch Insurance Company
A Corporation auiy organizea and acing business under ana by Virtue of the Taws 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 ONE HUNDRED NINE THOUSAND AND NINE HUNDRED DOLLARS AND
NO CENTS ($109,900.00) 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:
HVAC Preventive Maintenance and Service Contract for Various City Facilities
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
—, 2007. .
Arch Insurance Companyl y`
Surety (notarize) --
(SEAL) Raymcr-JE. Gail, Attorney in Fact
This 5th day of October
BIC -1
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of LOS ANGELES
On �Q —�� " , before me, KELLY N Tcxnrr a_NnmaPY PUBLIC
Date Name and Title of OQker(ea..'lane 0., Notary Public ")
personally appeared * * ** *STANLEY NISENSON * * * **
Name(s) of Signer(e)
Xqpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be, the person whose name(ir) is /ace
subscribed to the within instrument and
acknowledged to me that he /sheltlteq executed
KELLY NUCKOLLS the same in his /hsr,'Eheir authorized
eCommission a 1486429 capacity(iaff), and that by his /hegtheir
my Notary Pudic - Califomia signature(} on the instrument the person(4, or Los Angeles County the entity upon behalf of which the person Comm. Expires May 5,2008 acted, executed the Instru ant.
WITNF� offs 1 seal.
Place Notary Seal Above
Though the Information below is not required by law, it may prove valuable to rsons mg on the document
and could prevent fraudulent removal and reattachment of this Po nother document.
Description of Attached Document
��Title or Type of Document: .
Document Date: /0 - S —LI) Number of Pages
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: cmANT Fv NTaE.ycnb1
❑ Individual Tap of thumb here
[XXCorporate Officer — Title(s): PRFSTnFNT
Cl Partner —0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing: SHELDON MECHANICAL CORPORATION
0 %M Nesa,ul Notary ASaociatlor, SM De Soto Ave, P.O. 8012402 -CNM .CAa131}2W - xva wailmtoryaq rnoa. no.awr naomer. 1vr ,arrrm,awv,,
G W
State of
County of
California
Los Angeles
On OCT 0 5 2007 Before me,
personally appeared Raymond E. Gail
NAME OF SIGNER
®Personally known to me - OR - ❑
R. RANGELL
�- COMM. #1878584
W Notary Publiocallromla N
LOS ANGELES COUNTY -`
Corms. EA . July 28,1010
R. Rangel Notary Public
NAME TITLE OF OFFICER
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that
he /fey executed the same in his,;er /tom
authorized capacity(ies), and that by his/herlthe r
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
S an and o ial seal.
C
( GNAT NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) F-1 LIMITED
11 GENERAL
ATTORNEY -IN -FACT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED
*EXECUTED IN TRIPLICATE*
*PREMIUM INCLUDED IN PERFORMA BOND*
LABOR AND MATERIAL BOND
(100% of Contract rice)
•d Number: SU 5011655 -C
Bond Term. 10/06/2007 - 10/06/2008
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation —
hereinafter referred to as "Contractor" as PRINCIPAL, and Arch Insurance Company
- - - --
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 ONE HUNDRED NINE THOUSAND AND NINE HUNDRED DOLLARS AND
NO CENTS ($109,900.00), 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:
HVAC Preventive Maintenance and Service Contract for Various City Facilities
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 5th day of October
BIC -2
2007.
Arch Insurance Company
Surety (notarize)
(SEAL)Raym -d E. Gail, Attorney in Fact
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of LOS ANGELES
On Za —/� " � % , before me, KELLY muc KnrT G_Nmm�RY PUPpLIC
Date Name and Title of Officer (a.g „'Jane Doe, Notary Putllic�j,
personally appeared * * ** *STANLEY NISENSON * * * **
Name(a) of Signer(s)
Xqpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
0 IM Na6aW Nelvy Ae.tti .,sOae De S.WM..P.O. eox2Q2•Chetsw1th, CA 91a1}2902•wewlvaMWmdry.oq P,ae.M. 1.7 R.M.I. GYll .lyL4e,pae{,
to be the person whose name(if) is /ace
subscribed to the within instrument and
acknowledged to me that he /shek*” executed
the same in his 1hs;A4e-k authorized
KELLY NUCKOLLS
capacity(i�), and that by his /hac/t aJr
Commission # 1486429
signature( on the instrument the person(4, Or
Notary Public - California
Otily
the entity upon behalf of which the personX
Los Angeles county
acted, execu the instrument.
Comm. Expires May 5.2 008
S my han official seal.
Place Notary Seal Above
Signature of i - Public
OI
Though the information below is not requfred bylavaluable t persons re! ' on the document
and could prevent fraudulent removal and reattachment of this lip document.
Description of Attached Document��
Title or Type of Document:
Document Date: - S %
Number of Pages:
Signer(s) Other Than Named Above:
NONE
Capacity(ies) Claimed by Signer
Signer's Name: CTnNT> v NTRFNRnN
❑ Individual
Top of thumb here
(XXCorporate Officer — Title(s): PRFSTT)FNT
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: SHELDON MECHANICAL CORPORATION
0 IM Na6aW Nelvy Ae.tti .,sOae De S.WM..P.O. eox2Q2•Chetsw1th, CA 91a1}2902•wewlvaMWmdry.oq P,ae.M. 1.7 R.M.I. GYll .lyL4e,pae{,
State of California
County of Los Angeles
On OCT 0 5 2001 Before me.
personally appeared Raymond E. Gail
NAME OF SIGNER
®Personally known to me - OR - ❑
R.RANGEL
S COMM. #1678564 w
W Notary Puol"ell /omle
.. LOS ANGELES COUNTY
My Corms. Exp. July 26, 2010
R. Rangel
NAME
Notary Public
TITLE OF OFFICER
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that
he/shekhey executed the same in hislherltheir
authorized capacity(ies), and that by hisFherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
IT Ely ha and o icial seal.
' r,
(SIGNA F NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -PACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
1
0
Know All Men By These Presents:
POWER OF ATTORNEY
0
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint
Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH)
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being In full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and 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, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
001ML0013 00 03 03
Page 1 of 2 - Printed in U.S.A.
-,
•
AMENDMENT NO. 3 9oo- $" O R i8 «va
.L
TO HVAC PREVENTIVE MAINTENANCE AND SERVICE CONTRACT FOR
VARIOUS CITY FACILITIES BY AND BETWEEN THE CITY OF ARCADIA
AND SHELDON MECHANICAL CORPORATION
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California, and
Sheldon Mechanical Corporation with respect to that certain Contract between the
parties dated October 6, 2003, as heretofore amended ( "Contract').
The parties agree as follows:
1. The term of the Contract is extended to and including October 6, 2007.
2. For the period of the extension of the Contract, the total compensation
payable by the City to the Contractor shall not exceed One Hundred
Seven Thousand and Seven Hundred Dollars ($107,700), which reflects a
cost of living adjustment of 2.5 %.
3. All of the terms and provisions of the Contract not amended by this
Amendment No. 3 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date
set forth below.
CITY OF ARC�ADIA SF
Q
By: " IA � By
William R. Kelly
City Manager
Dated: 14o, 2006
TT ST:
MoM d(P
City Clerk batd
APPROVED AS TO FORM: .
Stephen P. Deitsch, City Attorney
&L sii _
(Title) ; 1_..
Dated: / (; J .2006
CONCUR:
7�
Pat Malloy
Public Works Se ices Director
CERTIFICATION OF CONTRACTOR
IN ACCORDANCE WITH
LABOR CODE SECTION 1861
The undersigned is aware of the provisions under Section 3700 of the California Labor
Code which requires every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance in accordance with the provisions of that
Code, and it will comply with such provisions before commencing the performance of
the work of this Contract.
��ID
PREMIUM BASED ON FINAL
CONTRACT PRICE Bond Number: SU 5021874
&HFUL PERFORMANCE BOND • Premium: $1,616.00
Executed in Triplicate 100% Ot Contract Price
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and Arch Insurance Company
H corporation auiy organizes ana 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 ONE HUNDRED AND SEVEN THOUSAND SEVEN HUNDRED DOLLARS
AND NO CENTS ($107,700.00) 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:
HVAC Preventive Maintenance and Service Contract for Various City Facilities
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 26th day of
Sheldon Mechanical C
October
i• 1.
Arch Insurance Company
Surety (notarize)
By: e- `� �i_
BIC -1
(SEAL) Raymond E. Gail
Attorney -in -fact
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
LOS ANGELES
I ss.
0
On l 0 .tea 6 -o �,, before me, _
Date Name antl Tide of officer (e.g., 'Jane Dee, Notary PuNie
personally appeared * * ** *STANLEY NISENSON * * * **
Plata Natary Seal Above
vra i
Though the information below is not required by law, it
and could prevent fraudulent removal and n
Description of Attached Document
Title or Type of Document: BOND
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(?s)- whose name( is /afe
subscribed to the within instrument and
acknowledged to me that he /shaAlwy executed
the same in his /herhheiE authorized
capacity(ie,q), and that by hislhedAlp4ir_
signature(s)-on the instrument the person(s4 or
the entity upon behalf of which the person(§,
acted, executed the instrument.
and official seal.
Fr—sons relying on the document
to another document.
Document Date: Number of Pages
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: STANT EY NT4FNSO1V
❑ Individual Top of thumb here
[XXCorporate Officer — Title(s): PRFSTnF.NT
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: SHELDON MECHANICAL CORPORATION
0 1999 Nallonal N=e Ae Waflon • 9390 De Soto Aw., P.C. D=2402 • ClatawoM, CA 91313 2M2 • w natlmNnwan org Prod No. SW Paortlar. Cell W -Fm 1-800- 6766827
KELLY NUCKOLLS
Commission # 1486424
i `m -
Notary Public - California
Los Angeles County
My Comm. Expires May 5, 2008
Plata Natary Seal Above
vra i
Though the information below is not required by law, it
and could prevent fraudulent removal and n
Description of Attached Document
Title or Type of Document: BOND
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(?s)- whose name( is /afe
subscribed to the within instrument and
acknowledged to me that he /shaAlwy executed
the same in his /herhheiE authorized
capacity(ie,q), and that by hislhedAlp4ir_
signature(s)-on the instrument the person(s4 or
the entity upon behalf of which the person(§,
acted, executed the instrument.
and official seal.
Fr—sons relying on the document
to another document.
Document Date: Number of Pages
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: STANT EY NT4FNSO1V
❑ Individual Top of thumb here
[XXCorporate Officer — Title(s): PRFSTnF.NT
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: SHELDON MECHANICAL CORPORATION
0 1999 Nallonal N=e Ae Waflon • 9390 De Soto Aw., P.C. D=2402 • ClatawoM, CA 91313 2M2 • w natlmNnwan org Prod No. SW Paortlar. Cell W -Fm 1-800- 6766827
State of
County of
California
Los Angeles
On T /0 jjiu 1,12 Before me,
personally appeared Raymond E. Gail
NAME OF SIGNER
®Personally known to me - OR - ❑
7 R. RANGEL
COMM. #1678584
� . roomry ruawcainomm y
L09 ANC KLW QWNTY -�
Cantu. ,JU 10 1010
Regina Rangel Notary Public
NAME TITLE OF OFFICER
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that
he{shelthey executed the same in his,%erAhei�
authorized capacity(ies), and that by his4ieFAheiF
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
official seal.
'ARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
❑ ATTORNEY -IN-FACT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED
* POWER OF ATTORNEY .
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E.
Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH)
its true and lawful Attomey(s )-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these`.presents. shall be as binding upon the said
Company as fully and amply to all Intents and purposes, as if the same had ,been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and
certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to
the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Bond Wer: SU 5021874
RBOR AND MATERIAL BOND
(100% of Contract Price)
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mechanical Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and Arch Insurance 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 ONE HUNDRED AND SEVEN THOUSAND SEVEN HUNDRED DOLLARS
AND NO CENTS ($107,700.00), 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:
HVAC Preventive Maintenance and Service Contract for Various City Facilities
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 26th day of October
, 2006.
Arch Insurance Company
Surety (notarize)
By.
(SEAL) Raymond E. Gail
Attorney -in -fact
BIC -2
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California l
LOS ANGELES } ss.
County of JJ
On ��Q ^� 6,1 , before me, _
Data Name and Ttle of Olficar 'Jane Ooe, Nmery 9TATr
personally appeared * * ** *STANLEY NISENSON * * * **
Name(s) of Sioner(s) '
KELLY NUCKOLL5
otily Commission N 1486429 Notary Public - California
tos Angeles County
Comm, Explies May 5, 2008
Place Notary Seal Above
OPTI
Though the information below is not required by law, it
and could prevent fraudulent removal and n
Description of Attached Document
Title or Type of Document: BOND
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(4 whose name(,) is /erg
subscribed to the within instrument and
acknowledged to me that he /she/thev executed
the same in his /herfthVir' authorized
capacity(ies), and that by his /hat;: � ic.
signature(s}en the instrument the person("r
the entity upon behalf of which the person(s�
acted, executed the instrument.
and official seal.
,aluab shlrld g on the document
oft another document.
Document Date: Number of Pages
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: RTANT.t: y N
❑ individual
IXXCorporate Officer — Title(s): PRF.RTDRNT Top of thumb here
• Partner —[I Limited ❑ General
• Attorney in Fact
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing: SHELDON MECHANICAL CORPORATION
01261) Ndwal Notary Amoclaem • 9s60 N Solo Ave., P.o, 9oA 2402 • ChatewoM, CA 91313.2002 • vrx v.ra6nnalr0a org Prod. W. 5901 R..N . Ul Tioll -Fm 1- 800,816.6621
State of California
County of Los Angeles
On Before me.
personally appeared Raymond E. Gail
NAME OF SIGNER
®Personally known to me - OR - ❑
=ING
COm Notary VJ Los�+' Mr Co 10
Regina Rangel
NAME
Notary Public
TITLE OF OFFICER
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that
he/she/the y executed the same in his,%er/tkei�
authorized capacity(ies), and that by his4wn4heif
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
my • official seal.
SIG :,- OF .
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
1 ..
Know All Men By These Presents:
,POWER OF ATTORNEY •
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E.
Morales, George A. Munana, Eric Schmalz and David A. Eltassen of Pasadena, CA (EACH)
its true and lawful Attomey(s )-in -Fad, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its ad and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance. of these _.presents. shall be as binding upon the said
Company as fully and amply to all Intents and purposes, as if the same had been; duly executed and acknowledged by its
regularly elected officers at Its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
'VOTED, That the Chairman of the Board, the Preslden% or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shalt have the power and authority to appoint agents and attomeys-fn -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizences, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and
certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to
the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certffied
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
zr-?t ORIGINAL
AMENDMENT NO. 2 1&410 l.�%Z
TO HVAC PREVENTIVE MAINTENANCE AND SERVICE CONTRACT FOR
VARIOUS CITY FACILITIES BY AND BETWEEN THE CITY OF ARCADIA
AND SHELDON MECHANICAL CORPORATION
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 Sheldon
Mechanical Corporation with respect to that certain Agreement between the parties
dated October 6, 2003 ( "Agreement').
The parties agree as follows:
1. The term of the Agreement is extended to and including October 6, 2006.
2. All of the terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the date
set forth below.
CITY OF ARCADIA
SHELDON KCHANICAL
By: 401W By:
William R. Kelly
City Manager
Dated: 40 2005
PROVED A'L1(S�\/ T)nO/\ \�F�O�RMM�::
Y Y 1 V V- t v
City Attorney
(Title)
Dated: �� — �`� .2005
Pat Malloy
Public Works Se ' es Director
CERTIFICATION OF CONTRACTOR
IN ACCORDANCE WITH
LABOR CODE SECTION 1861
The undersigned is aware of the provisions under Section 3700 of the California Labor
Code which requires every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance in accordance with the provisions of that
Code, and it will comply with such provisions before commencing the performance of
the work of this Contract.
BIC-4
i'F34 M HASID CN FINAL QNIRACr PRICE Bond Nanber: SU 5011655 — A
Executed in T plicate . Premim: $1,583.00
14THFUL PERFORMANCE BOND
100% of Contract Price Hmd Tim. 7/1/2005 _ 6/90/2006
KNOW ALL PERSONS BY THESE PRESENTS: _ - --
That Sheldon %dn-dc& Corporation
hereinafter referred to as "Contractor" as PRINCIPAL, and Arch rna„-w ice Cc parry
A corporation ouiy organizea ana Going Dusiness unaer ana Dy virtue-or me- iaws-cirnw
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 ONE HUNDRED AND FIVE THOUSAND FOUR HUNDRED NINETY
DOLLARS AND NO CENTS ($105,490.00) 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:
HVAC Preventive Maintenance and Service Contract for Various City Facilities
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 fhe work to be done, or in the material to be
fumished, 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 5th day of October
2005.
Arch hmzance Canpwy
Surety
By:
(SEAL)
Raymond E. C-dl, Attormrimfact
BIC -1
f�
State of California
County of Los Angeles
On OCT 0 e 2005
Regina Rangel Notary Public
NAME TITLE OF OFFICER
personally appeared Raymond E. Gail
NAME OF SIGNER
&ersonally known to me - OR - ❑
W
REGINA RANGEL
COMM
p; 366365
2.
No pu6licCalf /ornla w
LOS ANGELES COUNTY
' My Comm. Epp. MY 26, 2066
rV'WW v PW11 ,,4
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
vdpl el ( W I. M --, N
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
F CORPORATE OFFICER
TITLE(S)
PARTNER(S) ❑ LIMITED
7 GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
0 •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California l
LOS ANGELES } ss.
County of J
On 16- &/ (�� , before me, _
Date Name and Title or DlAwr (e,g.• -Jena Ow, Na1ory ubllc
personally appeared * * ** *STANLEY NISENSON * * * **
Nama(s) of SI2non.)
Xqpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
OMY KELLY NUCKOLLS
Commission # 1486429
Notary Public - California
Los Angeles County
Comm. Expires May 5, 2008
Plow Notary Seel Above
6JYl/
Though the information below is not required by law, tt
and could prevent fraudulent removal and r5
Description of Attached Document
Title or Type of Document: BOND
to be the person(s.) whose name(E) is /am
subscribed to the within instrument and
acknowledged to me that helsheNMey executed
the same in his /ha444air authorized
capacity(ies), and that by hislherkheir
signature(s) on the instrument the person(s4 or
the entity upon behalf of which the person,()
acted, executed the instrument.
and officjarseal.
raloabl persons relying on the document
or this form to another document.
Document Date: J J Number of Pages:
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: STANLEY N
❑ Individual oN ofthumbHere
aMorporate Officer — Title(s): PRESTnENT Top
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing- SHELDON MECHANICAL CORPORATION
01 M NetlonNNWryAsswialion•a=De Solo AVe., P .O. Box VD2• Chehwoln, CA 913162,102- x.netlowliolery.ory Pntl. No. 59117 Pamir. CdTdl.Fm 12 68827
POWER OF ATTORNEY •
Know All Men By These Presents:
That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint
Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E.
Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH)
its true and lawful Attorney(syin -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as Its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of. such bonds and undertakings in pursuance of these..presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at Its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and
certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to
the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
Bond Nunber- 5011655 - A
D
ABOR AND MATERIAL BON
(100% of Contract Price ) Bmd Tem 7/1/2M5 - 6/90/2006
KNOW ALL PERSONS BY THESE PRESENTS:
That Sheldon Mxha^;ra1 Corporation
hereinafter referred to as "Contractor"' as PRINCIPAL, and Arch Lmra.rP
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 ONE HUNDRED AND FIVE THOUSAND FOUR HUNDRED NINETY
DOLLARS. AND NO,.CENTS ($105,490.00), 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:
HVAC Preventive Maintenance and Service Contract for Various City Facilities
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 attorneys 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 5t-' day of c`tOb 2005.
Arch Tn4mance Ccmpeny
Surety
By:
(SEAL)
Raymond E. Gail, Attorney -in -fact
qW
State of California
County of Los Angeles
On OCT. 0 5 2005
Regina Rangel Notary Public
NAME TITLE OF OFFICER
personally appeared Raymond E. Gail
NAME OF SIGNER
Personally known to me - OR - ❑
REGINA RANGEL
•' r COMM. #1366369
to
YJ e ti Notary publicCallf0mia N
LOS ANGELES COUNTY
My Comm. 6:p. duly 26, 200@
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
ILI
a �• •!
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
❑ GENERAL
❑ ATTORNEY -IN-FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
-r
State of California
. . County of LOS ANGELES ss.
On /0 jy , before me,
Dale Neme and Title of Officer (e.g.. 'Jane Doe, Notary Publle
personally appeared * * ** *STANLEY NISENSON * * * **
Nerno(s) of Signer(a)
KELLY NUCKOLLS
_ Commission # 1486429
Notary Pudic • California
Los Angeles County
-ai Qrdy Comm. Expires t9fay 5, 2008
P.lece Notary Seel Above
UPI
Though the information below is not required by law,
and could prevent fraudulent removal and
Description of Attached Document
Title or Type of Document: BOND
Xqpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(h) is /are-
subscribed to the within instrument and
acknowledged to me that he /shekhey executed
the same in his /haNtkteir . authorized
capacity(ies), and that by his /he#their
signature(ea on the instrument the person(s), or
the entity upon behaULw_hich the persortjs
acted, executeSYthe instrum nt.
official seal.
sfo persons relying on the document
form to another document.
f^� � e—
Document Date: '—J ) Number of Pages:
Signer(s) Other Than Named Above:
NONE
Capacity(ies) Claimed by Signer
Signer's Name: STn NT.FV NTti`FN4r1N
❑ Individual
Top Of thumb here
MgCorporateOfficer— Title(s): PRFSTT)FNT
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: SHELDON MECHANICAL CORPORATION
0 1999 Nd..W Notary An 40.0.9351 De 9a0 X..., P.O. as P402• Chdraneh. DA91311H - w.atlonaentary.aig Prad NO. St11 AvaN . Cal TdFFrea 1.8009 ffa9T
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint
Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E.
Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH)
t
its true and lawful Attorney(s }in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these .presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the.Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and 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, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and
certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to
the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
0
ARCH Insurance Company ARCH Surety
NOTICE — DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90 %) of covered terrorism losses exceeding
the applicable insurer deductible.
-1 04 G
AMENDMENT NO. 1 TO HVAC PREVENTIVE MAINTENANCE
AND SERVICE CONTRACT FOR VARIOUS CITY FACILITIES BY
AND BETWEEN THE CITY OF ARCADIA AND SHELDON
MECHANICAL CORPORATION
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 Sheldon Mechanical Corporation with respect to that certain Agreement
between the parties dated October 6, 2003 ( "Agreement').
The parties agree as follows:
1. The term of the Agreement is extended to and including October 6,
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
By: a l&
William R. Kelly
City Manager
Dated: 44M , 2004
& &s11y5-h1r
(Title)
asDated: �_.�5 - . 2004
City Clerk Da e
APPROVED AS TO FORM:
City Attorney
Pat Malloy
Public Works Services Director
CERTIFICATION OF CONTRACTOR
IN ACCORDANCE WITH
LABOR CODE SECTION 1861
The undersigned is aware of the provisions under Section 3700 of the California Labor
Code which requires every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance in accordance with the provisions of that
Code, and it will comply with such provisions before commencing the performance of
the work of this Contract.
BIC -4
AGREEMENT
THIS AGREEMENT is entered into this 6r' day of 0° /0 ° " 2003,
between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California,
91007 (hereinafter referred to as 'CITY') and Sheldon Mechanical Corp. whose address is
8843 Lankershim Blvd., Sun Valley, CA 91352 (hereinafter referred to as'CONTRACTOR').
RECITALS
A. City has invited bids relative to HVAC Preventive Maintenance and Service Contract
for Various City Facilities.
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 for Check or Bond, the Accepted Bid, this Agreement, General and Special
Provisions, the Labor and Material Bond, and Faithful Performance Bond, the Non - Collusion
Affidavits, the Specifications, 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 substantial and acceptable manner. All of the provisions of said
Contract Documents are hereby incorporated in and made a part 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
HVAC Preventive Maintenance and Service Contract for Various City Facilities as
described above and 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, furnishing tools, and equipment, and doing all the work 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, 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 therewith, the City will pay the Contractor in full
compensation in the amounts specified in the bid proposal.
AGREEMENT -1
The contract entered into
Renewals and /or contract
Arcadia City Council.
shall be for twelve (12) months, subject to annual renewals.
extensions will be based upon acceptance and approval by the
The City hereby promises and agrees with the said
employ said Contractor to provide the material and
and conditions herein contained and referred to"
contracts to pay the same at the time in the manner,
Contract Documents, and the said parties for
administrators, successors, and assigns do hereb y
covenants herein contained.
Contractor to employ, and does hereby
to do the work according to the terms
for the price aforesaid, and hereby
and upon the conditions set forth in the
themselves, their heirs, executors,
agree to the full performance of the
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.
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 ten (10) calendar days after said notice is given.
Standard of Performance /Determination of Compliance: It is acknowledged and agreed that
the work to be performed pursuant to this agreement is crucial to the well being of the City,
and that it involves the proper care and workmanship. This Agreement will be administered
consistent with this statement and failure to abide by the concerns of the City as expressed
including strict adherence to the provisions of the contract and directives and orders by the
City with regard to administration and management of same. All provisions of the Contract
including those relating to termination shall be applied and interpreted with reference to this
section and the specific intent of this contract that the areas of work shall be kept in a clean,
well kept state at all times.
The City's Public Works Services Director 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, 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
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.
SIGNATURES ON NEXT PAGE
AGREEMENT -2
WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day
i year first above written.
OF ARCADIA
TTEST:
0!640
Date
1 p�
4.5
AS TO FORM:
t
�X- I
Attorney
CONTRACTOR:
Title: XLU %/r .4 h_
License No. 463ZZ / ,
AGREEMENT -3