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A0 &c, C-, C.,Y K IS GpyIFO��q ORIGINAL. .........u.. AMENDMENT NO. 7 TO 2003 -2004 CONSTRUCTION SERVICES e.n•s s, os MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF a +aaler oc�* °�• ARCADIA AND VARGAS OLSON ENTERPRISES, INC. This Amendment No. 7 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Vargas Olson Enterprises, Inc., with respect to that certain Agreement between the parties dated December 16, 2003. ( "Agreement "). The parties agree as follows: The Term of the Contract is extended to and including December 16, 2010. 2. For the period of the Extension of the Contract, the total consumption payable by the City to the Contractor shall not exceed SIXTY -NINE THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($69,650.00). 3. All the terms and provisions of the Contract not amended by this Amendment No. 7 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 7 on the date set forth below. CITY OF ARCADIA Donald Penman City Manager Dated: 1y12_6! f D4 (SEAL) CONCU Pat Malloy, Assistant City M ger/ Public Works Services Director Dated: 12- 2; /0cl, VARGAS SON ENTERPRISES, INC. (Print name) C� (Titl Dated: log Bond No. 196527 Premium: $2,090.00 Executed in Triplicate FAITHFUL PERFORMANCE BOND 100% of ontra rice KNOW ALL PERSONS BY THESE PRESENTS: That Vargas Olson Enterprises, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are'held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SIXTY -NINE THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ('$69,660.00), 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: . CONSTRUCTION SERVICES MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and. performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise It shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 17th day of December , 2009. Vargas Ols Enterprises, Inc. American C tractors Indemnity Company Pri pa Su ty BByy gY= (S L {S L)Adriana Wleyzuela, Attorney -in -Fact Coverage under this bond shall commence December 16, 2009 and shall cease December 16, 2010. Coverage under this Nord 1 may be continued for another period by issuance oz a Continuation Certificate by the Surety ACKNOWLEDGMENT State of California County of Orange ) On December 17, 2009 before me, Christy A. Mata, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that Ike /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTY A. MATA WITNESS my hand and official seal. � COMM. #1734806 z Z NOTARY PUBLIC -CALIFORNIA — ORANGE COUNTY My Comm. Expires March 27, 2011 NMAIMMMNI Signature N/1 /al) ALL PURPOSE ACKNOWLEDGMENT State of California County of C, On "obi -�6o before me, A Notary Public in and for said State personally appeared who proved to me on the basis of satisfactory evidence to b@ the person(s) whose name(s is/ re subscribed to the within instrument and acknowledged to me that h she hey executed the same in hi e?7 heir authorized capacity(ies), and that by hi ar eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed-ttye 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. KIM E. VANDENBELT COMM. #11715867 NOTARY PUBLIC • CALIFORNUI SAN BERNARDINO COUNTY Signature �q� 46 Comm. Exp. JAN. 12, 2011 his area for official notarial seal ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Docume THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document Signer(s) Other Than Named Above OF ATT III -. II I I yr III I „.I AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States C Maryland �I I'I p tY a corporation (collectively, rpQ I I n i � I ecial Insurances n � �I`exas co oration colleetivel the ��ttiripae these present's ,IIII n point: Lourde, &n III I ri �� "aIlValenzuela or Mark Ro pf TFullerLon, California its true and lawful Attorney(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place andsteato knowledge and de e; a l�ll finds, recognizances. undertakings or other instruments or contras o n i wU de riders, a i Il t sal N II I e � of surety, vl the fwd penalty does >� exceed - � free Million * *�.,I I � � 4� I' Dollars ($ � x,000.00 ** ). - - -- 11 This Power` of Attorney shall expir�ith�er action on December it 0 1� s:s ower of Attorney is grate under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power v tand ty app y suitable persona mey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following an au on to pmt an one or more suits as Alto Pr= �aA ne l may the-given full power c� e of and on behal QV t��cceute� knowledge and deliver, any and all bonds, zaneea,_do - t ti X11 obligatory undert 0any�td nand documents canceling or terminating the Company's liaT»1� thereunder, and an sus ill � agreements or mdd I Q pony ty y o ex'Ie'uted by any such Attorney -itt -fact shallbe binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF, The Games Piave ci-ll- the instrument toll t!!!1l I a orate seals to be hereto affixed, this � II ll II � I I II II 15 clay of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seams — tatr °i I1corso AIN II III } Danielll.�-Agu iiar Vice President 1 State of California County of Los Angeles SS - - - ar' = _ P i On this IS day f June 2009 befe � not ubhc IIII ILI�uIII I nsI�1I I IIII la 111 rllli II� Daniel P. Aguilar, ice�res dew of Y , _- - ' — , arY P p� ��' pl� !;u , American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of w-hirkthe son* acted, executed thel III sh I,'I ent.Il fr I c tiff ALTY OF PEI VIII 11 l III �ii 1 1 I II' If the State of alt#u a that mooing paragraph is true and correct. VITNISS my hand and official sea. _ _ Signature �Seaa� L Jeannie J. Kim, Assistant SecretaitplainuContractors Indemnity Insurance Company, do hereby certi"at boi,6�regoing is a true) j' Companies, which is still in full force and effect; furthermore, the resolutions are in full force and effect. CpmrMssen 0 18261 48 llMI Public - CslBaslo LOS ApgYIS111 C91I M , n mps¢l.201 � 14 I l ll S !II urety Compare m US r lty cwt c+ b ower of Attorney�exehy said the Boards ADirectors, set out in the Power of Attorney Bond No. 196527 Premium: Included LABOR AND MATERIAL BOND Contract rice KNOW ALL PERSONS BY THESE PRESENTS: That Vargas Olson Enterprises, Inc. herein er referred to as "Contractor as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and Oy 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 SIXTY -NINE THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($69,650.00), 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: CONSTRUCTIONS SERVICES MAINTENANCE CONTRACT which Contract is by this reference Incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay For any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract Is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 17th day of December , 2009. Var as is Enterprises, Inc. American C tractors Indemnity Company ri 78 S u rety B By: `S L (S Adriana Va nz ela, Attorney -in -Fact ACKNOWLEDGMENT OF SURETY *SEE ATTACHED* State of California ) ) ss County of Los Angeles } On this ( day of A. D. dCC9 personally appeared V o r!�c�_,o before me, K4 L. Vcct\6 6" a N o le,r ( L (Notary, Judge, or other Officer) in and for Los Angeles County, State of California, known to me to be the V, 1P. f C-.0-C. . of the corporation that executed the foregoing, instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. I , r� L�t (e , 'ENO r v.6CC (Notary Public, Judge or-other Officer) (SEAL) KIM E. VANDENBELT q. F CO MM. 1F 1715867 NOTARY PtWJC • CAU SAN BERNARDINO COUNTY Comm. Exp. JAN. 12, 2011 4 ACKNOWLEDGMENT State of California County of Orange ) On December 17, 2009 before me, Christy A. Mata, Notary Public (insert name and title of the officer) personally appeared Adriana Valennela who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTY A. MATH WITNESS my hand and official seal. COMM. #1734806 z 2 ` ' NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires March 27, 2011 Signature (�44"L44ut(Seal) POVMR OF ATT6 III !I,I I! t III I II I I AMERICAN CONTRACTORS INDEMNITY COMPANY NITED U STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States ql� Maryland pp= " pecialty Insurance- iConWn dIRTilias corporation (collectively, the riana V . L -- Lourde nda,�ld aleuzuela or Mark Ross cupf Merton, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place an"q4to execo4qknowledge and dellye a ds, recognizance"ndertakings or ether- insttrunlents or contract af-su t #Illli le riders, a I M is I ti Il;Iib i s of surety, Av g the bond penalty does not exceed = �` ree Million ** Dollars ($ * *3p0GA0G"* k This Power of Attorney shall expirewithout further action on December'ki'20127his Power of Attorney is grid ad& and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority �oint any one or more suitable persons aq tool ey(s) -in -Fact to represent and act ford on-behalf of the Company subject to the following y — — #erne #W given full power d l 'I e of and on behal 't n I� paw m�cecuteknowledge and diver, any and all bonds, re entrscts agreements or and s� c ti r obligatory unde anted crows and documents canceling or terminating the Company's liability thereunder, and any suc W n 'so executed by any such Attomey -'fact s tsl binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or underta7€fng to which it is attached - j IN WITNESS WHEREOF, The Coftudle"alve dmsb& this instrument to' ll I ' d trl Olbrate seals to be hereto aff d tltis 15 day ofJune, 2009. - AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY �Corporate Seahoft 4totr t9'� II'I III' T f, 6' . Daniel P President Vice clill- State of California -County of Los.Angeles SS. = - - - - _ i I jll Illli', I, III Illili �O n thi s 1 5 . day of June 2009 befc - _ _ ne - = notary t , P u bhc � I,��IllloInII reIII, a II Daniel P. A filar ice - idei# of ' American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the ppirgoft#cted, executedl th(ilisl, l enrgh!III 111 h III "l - r PENALTY OF PE II � hI�I! of the State of o a I t 11W &ftgoing paragraph is true and correct. WITNESS my hand and official seal, V1 rn�eHT ©o m►aflen M 1826148 Nomy Pub ift - ftwornia Lot Anpill Gountp It Signature — — a as paa 8, 2812 - 1, Jeannie L Kim, Assistant Secreta tf e = rs Indemnity p ill l,11 til urety Compaii S. Specialty Insurance Company, do hereby certi = aboveandfore oin is a ttuell d coihtl�'t co o a Power of Attorney, executed by said Y ► g gy Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In NOT d the seals of said Companies-at Los-Angeles, California this day - - ve hereunto sell) I m �! hand, III � � IIII I - I -- I III IIL' II � .IIII I'I III ^, III " I'�IIJ�IiI,.,a' I - � il'IIIIIII I I 'I Corporate Seals 1� -� T��,I rl Bond No.- - nroaaaaa Jeannie Assistant Secretary On + 'I II I II I Ili I''li II I' I I'I, - I - I ' I I - I AMENDMENT NO. 6 TO 2003 -2004 CONSTRUCTION SERVICES MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND VARGAS OLSON ENTERPRISES, 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 Vargas Olson Enterprises, Inc., with respect to that certain Agreement between the parties dated December 16, 2003. ( "Agreement'). The parties agree as follows: 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 SIXTY -NINE THOUSAND AND SIX HUNDRED FORTY -SEVEN DOLLARS ($69,647.00) All terms and provisions of the Contract not amended by this Amendment No. 6 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: 3�T� (SEAL) A 4ert City D to CONCU 4 Pat Mall , Assist (ant CL"anager/ Public Works Services)o i rector VARGAS 4SON ENTERPRISES, INC By\ ::�_ ) L&u.*Av (Print name) Vy�Y-C- (Title) Dated: ?))(-I 109 . ilo6-g0 C - 101045-45- AMENDMENT NO. 5 TO 2003 -2004 CONSTRUCTION SERVICES MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND VARGAS OLSON ENTERPRISES, 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 Vargas Olson Enterprises, Inc., with respect to that certain Agreement between the parties dated December 16, 2003. ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including December 16, 2009. 2. General Provisions (page GP -15) Section 10 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 IRCA 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 Contractors 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 /RCA violations committed by Contractor or Contractor's subcontractor(s). 3. All terms and provisions of the Contract not amended by this Amendment No. 5 are hereby reaffirmed. Page 1 of 2 In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA By: ��pzl-- s . Donald Penman City Manager Dated: t24 zoo o-$ EAL) -� 0 -p,6 APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Page 2 of 2 VARGAS OLSON ENTERPRISES, INC. By: `gu'+� U�� (Print name) Q W tvr- (Title) j Dated: Id l �/ 00 y Pat Malloy, Assistant City Mgr/ Public Works Services Director Bond Number: 196527 Premium: $2,247.00 Executed in Triplicate FAITHFUL =PERFORMANCE BOND 100% of Contract'P-rice KNOW ALLPERSONS'BY THESE PRESENTS: Olson Enterprises, Inc. ed;toas: .Co ntractor as PRIN( American Contractors Indemnity Company organized and doing business under and by virtue of the laws of the. and duly licensed for the,purpose of making, ouaranteeina, or R. THOUSAND -EIGHT HUNDRED`:AND'NINI 40:00), lm4lful money of the United-States of, Well and truly to be made, we bind oursel assigns and successors. jointly'and severally, 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 wo perform all rk'requlred °pursub it:to the contract documents for the project:entltied; CONSTRUCTION SERVICES MAINTENANCE-CONTRACT * Per'Purchase'Order No. 78273 which Contract Is by this reference "incorporated hereln,,arid is requlred by the'Clty'to giV thia•B'ond in connection with the execution of said Contract; NOW, THEREFORE, if sold Contractor and his.Subcontractors shall well and trulydo and,;periorm all the;covenants and obl ations of said "Contract omhis pait.fo be done and performed; at the "times and In the manner specified herein including, compliance-Wth all Contractspecifications and quality requirements, then this obllgatlon shall be null and void; otherwise it shall be and remain Intl force and effect; is In the work to be done, or in the material-to be ant to the terms of sald'Con'tract, shall not in any urety: thereunder, nor shall 'any-extensions of time I Contract release either said. Contractor or said Of extensions of the 'Contract>is'nereby'viaived:by In the event suit Is brought upon this Bond by the City and 'Judgment Is recovered, said Surety shoWpayy alt costs Incurred'by the.City in such suit, including °a reasonable attomey's'fee to be fixed by the Court. IN WITNESS`WHEREOF;.we have hereunto set our hands and seats This. 4th day of December Vargas Ols Enterprises, Inc P {SEAL 1 American Co ctors Indemnity,.Company Surety By. (SEAL) ourdes anda, Attorre "y in -9act Coverage under this bond shall 1-6" 2008 and shall cease December 16, 2009. Coverage under this bond.= t may be continued for another period by issuaner- ofra,..' Continuation Certificate by the Surety.P' -,- ACKNOWLEDGMENT State of Caf1Jfornia - County of LEIS11D=4lo P� ) On O before me, / 'C- Vaad"e 64 ) _� 1 (insert name and title of the officer personally appeared &2-1 6t Vi�wq_C✓ who proved to me on the basis of satisfactory evidbfice to be the person(s) whose name(Iare subscribed to the within instrument and acknowledged to me that hhey executed the same in h' he heir authorized capacity(ies), and that by hi her 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. KIM E. VANDENBELT COMM. •1715887 ,/� ® / n� NOTARY K=X 0 CARPOMM C`-- - --'.� C/{ />t LlOj� (Seal) SAN BERNARDIN. COUNTY Comm. Exp. JAN. 12, 2011 Signature �� >ii ) ACKNOWLEDGMENT State of California County of Orange ) On December 4, 2008 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the person whose name* isjafe subscribed to the within instrument and acknowledged to me that he/she /.Oxy5/executed the same in FDW erADeir authorized capacity( W, and that by ,4d/herftet ignature(ayon the instrument the persorjke�or the entity upon behalf of which the personLolcte 1, 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 SUSAN PONSELL n ~' COMM. #1734814 q Z NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My (Seal) Comm. Expires March 27, 2011 11111 jj�jjj, 1�111 ��jl, It ®R Al American Cobtr actbrsIndemni�' IlCompany N!, '" 9841 Airport BI 9Floor Los Angeles, Cal lifornid9004 5 I'P F 10WERO TO RNEY K� ALL LL MEN BY THESE PRESENTS That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, 3 W.,lJohnsorror1ourdes Landa oUFulletfon;.Ca 4 r, i its true , and lawful A "tto'mey (s)-i _Faqt; with full authority to execute oAtEr behalf bonds, undertaKmgs,irecogmzances and other contracts — of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an 'I A It not exceed $ This Power of Attorney shall expire without further action R& g, no o, **********3,000,000.00*,****�*,*t** P ihis'Pow'er of Attorney is granted and is signed and'seall by facsimile under and by thCauthority (if the following Resolution adopted by the Board of Directors ,of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly ,called) andilheld on the 6" dal December, 1199bj lI "li I� 't i, Lill 11 "RESOLVED that the 'Chief Execulive'Officer, President .J; I Vice Pre el�uhve Vice Presnifent, Nec4ll or 'Assistant Secretary, shall have the powel d th hy all or To appoint Attorney(s)-in-Fact and tolauthorize'il taeaeoule on behatillofithe'Compaliv and attach the seal of the Company thereto _1114 eofand, bonds and undertakings, contracts of in mi�lityam�inhe'Kwrilings obligatory in the lititur4ther 2. To remove, at anytime, any such Attorney. in -Fact and revoke the autillywilly &I • RESOiVEDIFURTHki?� ,,that the sign4lures jqfsuchjt;jQrs and the be affixedic, any,su lli owero Attorney or certificate !mile signatures iirfaistmill s1hall be valid and binding reiI thereto byjacsim ile, and anysuchiPower'oyAlill or certif .1 upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is ailacheal III ESS WHEREOF, American Contractors In"deromity Company has caus&d'ts'jea o L I t bl'lIafflxe,d hereto and executed tiy:its.E Executive Vice President on the 9" day of January, 2062 AMERICANTCONUACTORS INDEMNI-TYCOMPANY At - ji sin 21 im �11, 411111111 � I , By 'STAItOF CALIFORNIA y Adam S. Pessin, Executive; Vice President It ,,I OOVNTY OF LOS ANGELES §1 On this 9th day of January, 2007, befin me, Steve Fcd 6 nak a notary public, personally appeared Adam S. Pessin, Executive Vice President of American Contractors Indemnity Company, , personally known-to me (or proved be th moved to me on the b is I satisfactory evidence) to 11 11 sl 6 person(s) vvhosd�namle(s) is/ineliubsell'ib�dIth the within insfir—umen—fa& 9-knoWledged to me thud �h ' ek4uted the samoilh h " y his/her /their 11' 1 � P 11 , IN., 'upon hisiherilheir��uthcrize� caplacitYllies'), it'hil i at b eir sigifirl s) liffMinstrument the'person(s or t e minty upon behalf of which the persol acted, executed the instrument WITNESS my hand and official seal. I IISTEVE FE . DUNAK 7 "111, Comaillilli 1593578 NOI PU&id -1CALIFORNIA C3 LOSANGIEIFqrriullaY Signature of Notary,, 2� MyComm.11i June29.2119PI., My Comm'i'ssio;je)ipires June 29.2Q�L�,l Jeannie J.'Kim, Corporate Secretary olfAmerican Contractors In Company, do hereby certify'that'the Power of Attorney and -the 1, 11foostaid ltton adopted by the Board of Directors of said Company as set forth above, are true and icorrel transcripts thereof and that neither III, it it I " III, 1 " I _ I t i. j thd lPower of Attorney nor the resolution havel been re�oked Itind"they are now.in,full 'force and effect. ll� '41, , I q 1, , All All I 1 1 IN I. WITNESS HEREOF, I have hereunto ,set my hand this day of DEC' 0III IM `,'�6o 0 Jeann?el`J,'lKim Ci6iffirl 11 1 1. Bond No. Q 51 te ecretary 11h Agency No #8450 I I till W-1, 1,11 A ]i MAOMLiX Ir 11 ol 1� 11 1 il 1 6 1 1111 1 Bond Number: 196527 Premium: INCLUDED Executed in Triplicate LABOR AND MATERIAL BOND (100% of Contract Price) VALL-- PERSONS By THESE PRESENTS' as Nh'INUIPAL, a American Contractors Indemnity Company under and: by .Surety upon bonds or undertakings:as suretyere he ld,andf'rmty ; b OF ARCADIA; "CALIFORNIA, hereinaierreedto as he,''.C1tyty"11 NTY,'FOUR THOUSAND EIGHT HUNDRED -AND NINETY Dt>LL TS ($74;890:00). lawful money of the United States of America fo hich sum, well and truly to be made, we fund :ourselves, 'our t iinistrators, assigns and successors, Jointly and'severally, iirri ly'by t THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas .said Gantri ctorfias been awarded and is about to enter into a Contract with the :city to pe'rform:all work =required pursuant to the contract documents f6 'the project entitled; CONSTRUCTIONS SERVICES MAINTENANCE CONTRACT * Per Purchase Order No. 78273 which;Contract is by`this reference incorporated hereln,.and is;'requlred by the Clty to' give this:Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract`fails, ppay ror any. materlals, equlpment, tools, provisions, provender or other supplies, teamcservices, or: for rental ofrsame; used in, upon,. for or. about -the performance the `work;contractedo1 tie done. or for any work or labortliereon of -any kind, orl amounts dus under applicabte law with. respect to any, work ,pr tabor thereon 'u Surety will pay for the same .,I not exceedingg the sum speclfi ®d above; a also In case suit Is 6iought upon this Bond, a reasonabie-attorney's fee, to ball ied' the.CourL °This Bond''shall inure'to tha benefit of any and all persons, companies. corporations'entitled to file clairhs under applicable law; at -:any .alterations In the work to be _done, or the materials,, isions, provender or other supplies, or teams, or'services`to be )e made pursuant to tha terms of said Contract, shall not in any I Contractor or said Surety thereunder; nor shall any extensions the provisions of said Contract release either said Contractor or :e 0 such alterations or extensions of the Contract Is hereby IN WITNESS WHEREOF., we have hereunto set our hands and seals Th'is-L 4th day of December Vargas 01VV Enterprises, Inc Pri B, :(SEAL) 2006. American Co t actor Indemnity, :.Company Surety B y: (SEAL) o des Landa, Attorney -in 4a ct Coverage under this bond shall commence December 16, 2008 and shall cease December 16, 2009. Coverage mider�,this'.bond may n be continued for another period by issuance tif.- a'Con_tinustion Certificate by the Surety. ACKNOWLEDGMENT State of California County of S,4-n ota,4 On a - �i- U before me`�'� ,b (I C (insert name and title ot'the officer personally appeared / V QiI czC o who proved to me on the basis of satisfactory evidenc@ to be the subscribed to the within instrument and acknowledged to me that his er eir authorized capacity(ies), and that by hi er eir sig person(s), or the entity upon behalf of which the person(s) acted, whose h she/ hey executed the same in nature(s) on the instrument the 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. KIM E. VANDENBELT COMM. #1715867 NOTARY PUBLIC • CMIFORNM SAN BERNARDINOcoUmy 3 Comm. Exp. JAN. 12, 2011 Sig (Seal) E. VANDENBELT COMM. #1715867 9 NOTARY PUBLIC • CALIFORNIA n SAN BERNARDINO COUNTY Comm. Exp. JAN. 12,2011 ACKNOWLEDGMENT OF SURETY to e, to to to ss CoOnty,ofLos.Angeles On thls'�_ day 'of A. D. SEE ATTACHED pbrsonoilly.apppated SEE ATTACHED before me,, W. SEE ATTACHED (Notary, Judge, or other Offlcer)]n and for Los Arigeiles. Co6rity;'Stat6of Callforr iiakh6-;n,t6,me to be the SEE ATTACHED of !�eCUle' thb:6-orpor-sitioin'th -at e d,,ho foregoing, r Instrument, and upon'bath, dld'deposa.4hat he l ls!' the '�'.0ff1_c'ior of siald� corporation as above desig . noted; that hiii is acquainted with 166. seal 'of I of , i I aid�` e corporate seal s corpore ti on, and,ths that t64161ndhrnent ls1h of ioIcl,.`corporatl6n,`that the s'lgnotbres 116, sold' instrument were. made by Officers of S6l8 corporation as Indicated dfidt said -signatures; and, that the said} : corporation .executed the sold", Instrumeint 'freely and, vIdlyntarily and for the uSe6L:ond purposes :herein. riibn,ti'p7-m-"ed;'p--u--rs"us-ntto ho'by-laws or 6resolutlon of Its Board.of Directors. � I (SEAL} 4 Judge,or ACKNOWLEDGMENT State of California County of Orange ) On December 4, 2008 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the perso5Kwhose namgKis /Wi�r subscribed to the within instrument and acknowledged to me that w7she /yKexecuted the same in bie fibr/thpit authorized capacity and that by edt�err signature(60n the instrument the personprror the entity upon behalf of which the personja�'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. _ SUSAN PONSELL COMM. #1734814 Z Z NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Signature (Seal) My Comm. Expires March 27, 2011 �'�-�_ It J III U U V "Indemnit ofitractoi u0m American �[s yt� 9841 Airport Blvd ,9 Floor or , Los Angeles, Ca lifornia'90045 'I 'I, AII'l, ,I,IIIl�jII/P0WERl1M ATTORNEY I l' I I _ — III, A KNOW All L A L MEN'BY THESE PRESENTS:� t! 1,11 That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, J. W. Johnson or',Lourdes Landa of Fullerton, California lawful true I'la'w' its execute half bonds, indents &es imd other contracts orney(s)-in-Fact, with�fihi authority to ex of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an iAmount not to exceed $ **********3,000,000.00**,****,****,'� This Power of Attorney shall expire without further action-on June ll''42 �206. 11, I�, I. 11,11 � I - - - 1111,17 1 , , I �1 I - - - - z This Power of Attorney is granted and is signed and sealed by facsimile under and by the out ority of the following kesolution adopted by the Board of Directonslof AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly iTllqidjjndj�ld on the 6" day of—� De6eibe'r', Ill 11111111,j�l I jr, 11 111 11 111 '11, Ul I I I e7 RESOLVED that the Chief Executive Qffic&, President or any Vice President, - Executive kiceresideni, Secretary z- F Eli �Effi 3 power and authority elary or Assistant Secretary shall have To appoiniAttorney(s)-in-Fact and to dtab�,,I, "them t6l,�Akute on behatf,o) �Ihef the seal ofthe Company thereto, bonds and undertakings, contracts of pity, lather writings obligatory in 14 Aware Ale,eiiiand. In eAu �l 'lu 2, To remove, at anytime, any such Attorney -in -Fact and revoke the authority given. RESOLIVED koffil and the sa_��jeetdOml t URTHER,'lit�attliesii�'alu'res�,�,�uc " , fay & cm—We�eI fdIcsill signallures'01r"Al6simile seal shall e valid and binding relaill' thl byjactsimill and any1suchIlPower'of Attorney or certl 1-1 lit 111 11 9075ril f4i�orney or certificate upon the Company and any such power so executed and certified byfacsimile signatures and facsimile scallshall he valid and binding upon the Company 61111, 111 it , lure with respect to any bond or undertaking to ,which it is attached. I L seal A10,0*117NESS WHEREOF, American Contractorg,lgdqrnnity4c�c;ffipany has causdlts I'to:bePffixed hereto and executed by:its Executive Vice President on the 9th day of January, 20 1 07. E n TO AMERICAN CONTRACTORS INDEMNITY COMPANY I!, t "—t I I I Ill, -INLOAPORAIED I;Enuim 4 By: [1I'l,11llIll�tAl CALIFORNIA 11 Adam S. Pessib,'Eke6lifillieVice President It 1; q(?_VNTY OF LOS ANGELES §1 On this 9th day of January, 2007 before me, S eve tedunak a notary public, personally appeared Adam S. Pessin, Exi-c-utive Vice President of American Contractors Indemnity Company , personally known to me (or proved to me on the basis of satisfactory evidence) to . — be the, per'stin(O' (s) is/areIsu'bsc�l3edi�q the within instflimipan—d 9-kno—w-ledRed to me ed the same'i—W is)h whose name It TIMI Pt edtl4ilirtauthorizell capacity�i�s�, arild"that"b " hi"er/their sig t y_ init�fiwifistffiment the persons, PF t e entity upon behalf of w which the person(s) acted, executed the instrument. -10''A t-1111IWI7NESS my hand and official seal. STEVE FjEDUNAi 2 1 7 JC'clnrirri.,ii4lb,I1593576 :0 NOTARYIPUBLirl•OWFORN 0 LOSANGIEUSCOUNI i Signature of Notary —@'My,Comm.Exp,-June2g.200.,9"f My Commission]"OhIps June 29tl 2009, 1 1, Jeamille-J. Kim, 'Corporate Secr6tary of f American Contractors fird�emnity Company, do hereby certify e Power of Attorney and the 11,1,11II-EsoMon adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the, said Power of Attorney nor the resolution havll i6voke4ftml'thcyare now-ifilbilltorce and effect. tJ "I V, t [ tj I I �00 IN WITNESS HEREOF, I have hereunto set j�m Aand this day of nFc h i . At Boru:JIN�.l .,,9 I'll'AgencyNo. #8450 ; • C�*1 Clexr Ic ORIGINAL AMENDMENT NO. 4 TO 2003 -2004 CONSTRUCTION SERVICES r MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ',�„ ,se°m D ARCADIA AND VARGAS OLSON ENTERPRISES, INC. This Amendment No. 4 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Vargas Olson Enterprises, Inc. with respect to that certain Agreement between the parties dated December 16, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including December 16, 2008. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA VARGAS OLSON ENTERPRISES, INC. By: �c'x'�'°^ :Z s2 By: William R. Kelly �+ City Manager Dated: I-14 M 2007 (SEAL) p pe!, i APPROVED AS TO FORAM -. R 1�-� Steph n P. Deitsch, City Attorney VP (Tit lb) Dated: j ((40 2007 Pat Malloy Public Works Services Director BOND NUMBER: 196527 • 'PREMIUM: $2,247.00 EXECUTED IN TRIPLICATE • FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That VARCAS OLSON ENTERPRISES. INC. hereinafter referred to as "Contractor" as PRINCIPAL, and AMERICAN CONTRACTORS INDEMNITY COMPANY A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SEVENTY FOUR THOUSAND EIGHT HUNDRED NINETY DOLLARS AND NO CENTS ($74,890.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: CONSTRUCTION SERVICES MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein Including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain In full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 15th day of VARCAS OLSON ENTERPRISES, INC. Princi I By. By: (SEAL AEfJ#$JqbNJqACTORS INDEMNITY COMPANY U - L) W. Johns W, Attorney- in4aci: Coverage under this bond shall commence- December 16, 2007 and shall cease December - 16,x.2008. Coverage under this bond may be continued for another period by issuance of a Continuation Certificate by Surety. 0 0 rAl 11 =naNIA At I .PlIRPn -F OrKNnWI Fnr.MFNT 01997 National Notary Association • 93W Desoto Ave.. P.O. Box 2402 • Chalswonh, CA 91313 -2402 State of California } } as. County of Orange f On November 15. 2007 before me, SUSAN PONSELL, Notary Public Dale Name and Title of Officer (e.9. `Jane Doe, Notary Public") Personally appeared J.W. JOHNSON (only) ® personally known to me AvFdAAAA to be the person(a) whose names) is /are SUSAN PONSELL subscribed to the within instrument and COMM. 41734814 z acknowledged to me that he /she4hey Z NOTARY PUBLIC - CALIFORNIA executed the same in his /her /theif authorized ORANGE COUNTY capacity(ies), and that by his /hefkheiv My Comm. Expires March 27, 2011 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, if 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: PERFORMANCE BOND Document Date: November 15, 2007 Number of Pages: Signer(s) Other Than Named Above: NONE AT THIS TIME Capacity(ies) Claimed by Signer Signer's Name: J.W. JOHNSON ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner -- ❑Limited ❑General ® Attorney -in -Fact 77 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: AMERICAN CONTRACTORS INDEMNITY COMPANY 01997 National Notary Association • 93W Desoto Ave.. P.O. Box 2402 • Chalswonh, CA 91313 -2402 0 E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of '5 I(, 4 IJ } ss. before me, Dale 1 - _ , / Na personally appeared D. RA MEY 19 Commton 1 17 43471 Notary Public • California lot Angeles County Caron. 4201 t 'Jane of Signer(s) X personally known to me ❑ preved-te-me-errthe-basis-ot3`=fackny-evidenee to- be- the-W,mw(u) whose name(ej•is/a+e subscribed to the within instrument and acknowledged to me that he/she /tlbey executed the same in -His /her /their authorized capacity{i , and that by *Z/ r /their signatureKon the instrument the person(a)s or the entity upon behalf of which the person(.) acted, executed the instrument. 1nlIT ES my hand and offici eat. Place Notary Seal Above goal... of otery Public OPT401VA 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 Title or Type of Document: _ bl Document Date: Signer(s) Other Than Named Above: Capacity(ies) CI hoed by Signer(s) Signer's Name: ��i ��- ❑ Individual `t,J j V Corporate Officer — Title(s): Y �• ` e ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Re ser : Number of Pages: Signer's Name: El Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHITTHUMBPRINT OF SIGNER 0 2004 National Notary Association • 9350 De Soto Ave., Po. Box 2402 • Chalswonh, CA 91313 -2402 Item No 5907 Reamer: Call Toll-Free 1- 600.876 -6827 fta1at oin,otilu. o� ,tl.r BOND NUMBER: 196527 • PREMIUM: INCLUDED EXECUTED IN TRIPLICATE LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That VARCAS OLSON ENTERPRISES, INC. hereinafter referred to as "Contractor" as PRINCIPAL, and AMERICAN CONTRACTORS INDEMNITY COMPANY A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of SEVENTY FOUR THOUSAND EIGHT HUNDRED NINETY DOLLARS AND NO CENTS ($74,890.00), 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: CONSTRUCTIONS SERVICES MAINTENANCE CONTRACT which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF. we have hereunto set our hands and seals This 15th day of VARCAS OLSON EATERPRISES, INC. Pr inc By: (SEAL ER AN ARAVTORS INDEMNITY COMPANY Wi.w. o h n, Attorney -in =fact - -- _ Coverage under this bond shall commence- December 16, 2007 and shall cease December-'1-612606' ecember 96,;2006. Coverage under this bond may be con ti nueo -for "another period by issuance of a Continuation Certificate by Surety. 0 0 State of California } } ss. County of Orange ) On November 15. 2007 before me, SUSAN PONSELL. Notary Public Date Nam and Title of Officer (e.g., 'Jane Doe, Notary Public -) Personally appeared J W JOHNSON (only) , SUSAN PONSELL COMM.41734814 z Z r NOTARY PUBLIC - CALIFORNIA9 ORANGE COUNTY My Comm. Expires MarCh 27, 2011 Place Nolary Seal Above ® personally known to me ❑ PFGved te me on the basis of satisfaGiwy evidense to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /her/their authorized capacity(ies), and that by his /hAF4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Pudic OPTIONALIIIIIIIIIIIIIIIIII 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: PAYMENT BOND Document Date: November 15 2007 Number of Pages: Signer(s) Other Than Named Above: NONE AT THIS TIME Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner - -- ❑Limited ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is DI 997 National Notary Aasoaalien • 9350 Desoto Ave., P.O. Box 2402 • cnalsvronn, uA at ci s -cave 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of -Is . I J } ss. On &,'mayJ(0 before me, Q� 1j "i' Dale— Name arW Title of ik r e.g., "Jane Doe. N ry ublic') r . 1 /n. 1.... �. personally appeared D.RAKUY commlalon r t 74a4n Notary Public • California Los Angeles County Comm 4, 2011 Place Notary Seal Above 4 personally known to me Ll to be the person(s) whose name(s}is /are-subscribed to the within instrument and acknowledged to me that he/ h v /they executed the same in -his /her /their authorized capacityEiesj, and that by his/her /their- signatureW on the instrument the person,(a), or the entity upon behalf of which the persoro� acted, executed the instrument. 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) C)aimed bylPignegs) Signer's Name: ' ❑ Individual r 1 .jj• Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorne in Fact Y Top o�.(humb Here ❑ Trustee ❑ Guardian or Conservator K ❑ Other: r ' ` •. Signer Is Representing: 1 � h' 1A Number of Pages: _ Signer's Name: ❑ Individual ❑ Corporate Off icer— Title(s):_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .0 02004 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • ChalewoM, CA 91313 -2402 Item No. 590] Reorder Call Toll-Free 1-600 - 6]6682] •' U 'ro ACKNOWLEDGMENT OF SURETY State of California ) ) ss County of Los Angeles ) On this day of SEE ATTACHED , A. D. SEE ATTACHED personally appeared SEE ATTACHED before me, a SEE ATTACHED (Notary, Judge, or other Officer) in and for Los Angeles County, State of California, known to me to be the SFF ATTArHFn of the corporation that executed the foregoing, instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. SEE ATTACHED (Notary Public, Judge or other Officer) (SEAL) 10 American Contractors Indemnity Company pI t11,,I?"'i!14]Airport_ BWd.f9"5FI66i%dFAngeIes, California 190045 I j POWER OF ATTORNEY �j jnljj,�I1111111�111� KNOW ALM11N BY THESE I PRESl S: I I A! III 111P 1i i� I' C`� California, a California corporation, does hereby --That-AmFrican Contractors Indemn ty mpany' of the State of y appoint, IJ,W. Johnson or Lourdes Landa of Fullerton, California lap r. its true and lalil A y 0�&Fact, with full authority execute its behalf b.ords; Undertakings, recogniza.nces •andlother contracts writings obligatory in the nature b d the Company thereby, in an of indemnity and I ure�thereo issued in the course of its business and to bin Amount not to-exceed $ **********31000;000.00********** This Powerof Attorney shall expire without further action on June 29:1009. Iii�jjjljr`10111) I 't I ;Iby 0 n gne This oviciro Alto rid I and mile under and by the authority of the following R --T � P f may is granted by facsi esoluti the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6" day of 7 December, I q0 ML 11 llj UNS En A V is"I ti "RESOLVED hot thVChief Vecutivi Officer, PresidArlin-im I Secre YviciWesident, Executive Vice President, Secretary or Assistant to shall have the power and authority IF tt II I To- Attorneys) -in Fact and to authorize them to execute on behalf c�'alje Company, and attach the seal of the Compa appoint Atiorney(�) '1� jjlrjjg -1 and undereakl'AF's"��"oht,�,t,,ilo�indet'nity and other'w�itihl abligaro' ' in the nature thereofand, I on ry 2. To remove, all any time, any such Atiorne),,in-Faci and revoke the authority given. [112V101011111111, 1 11111, RESOLVED FU91TH Stl the sign, Lures of such Wffhilu�i.�mWr Imthe Conipanyma�,bo affixed to any such Power OfAtournely or certificate 1. ")�all he �a 1 and binding ' I 'f 'seat's lid relating thereto iy�4csionle,11'aid'anyl facsimile signal or facsimile 1 11 Itch Power ofArtcrrnZro)M;17ifr&ti-bearingsuchfa I Ines - I - upon the Company and any such power so executed aanl fed by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the fidure with respect to any bond or undertaking to which it is attached.." Ill to be affixed hereto INiSVITNtSS'WHEREOF, AtnericSn, boftiractiorkludeninity Col plany'lias caused its seal Executive Vice President on the §"'Iday of January, 2007. �11111 l��� INDEMNITY,,COMP Y 1 4 To - f%M RICAN CONTRACTORS AN INCOMIATED 11 By: R IA I ; _1 resident lijo, 111 STATEORCALIF IIII § jAdam S� PeIisin, Executive Vice F 1, OF LOS I "ice COLUNNM ANGELES �1)1 , jv �Onithis9ffday ofJanua 2007 ore me, Steve Fedunak , a notary public' personally appeared Adam S. Pessin, Executive President of American Contractors Indemnity Company personally known to me (or proved to me on the basis of satisfactory, evidence) nee) to 4 be the person(s)i1wilipsenamel is/ar h " ltlr'u'men�,th4person (s),orthi��ntity,upon,t��haif6f e subscribed.to the WithiWihiiiUment and acknowledgc� to me that hc/she/thc� executed the same in his/her/their auiH j,40,111 k4ol io, C and that by toer/their (s) on I a ins I which the arson acte , executed the instrument—.- my hand and official seal STEVE FEDLINAK WITNESS IIIII "I I 111 �11111� �:1),, Comm. No. 159 NOTARY PUBLIC -CALIFORNIA. 0 lid 1 y 49 LOS ANGELES CQUIO My Comm. Exp. June 29, 20O9 -Signature of Notary, im all .2009 My Commissi p Ii 11' 0 111117 '1 1, Jeannie J. Kim, .Cor0I6'rI Secretary of AnnericWtdrArkticirs Indemnity Comparl hereby certify that the "Powier of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. 111 11 V clilrjj� '1 11 ]'!I�II I — IIIIIIIIIIIII'l �- 40% I I I L I � " I I I i I IN WITNESS �unto set mAMfl—i— �1 5th =day of 'o.vernberl J2007 . I Ii I; A If 6 A Bond No 196527 _11k Agency NO - #8450 Rl,'l. FOADMv uT CltrK bRIGINAL AMENDMENT NO. 3 TO 2003 -2004 CONSTRUCTION SERVICES MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF}�' ARCADIA AND VARGAS OLSON ENTERPRISES, INC. °R+'oasTS' This Amendment No. 3 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Vargas Olson Enterprises, Inc. with respect to that certain Agreement between the parties dated December 16, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including December 16, 2007. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIIA By: M iW -4 William R. Kelly City Manager Dated: AP 2006 VARGAS OLSQV ENTERPRISES, INC. By: (Print Name) ATTEST: APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney �J,j VQi zc, (Title) Dated: 1131 D i 2006 Pat MaIloy Public Work Services Director P E American Contractors Indemnity Company 9841 Airport Blvd. 9th Floor, Los Angeles, CA 90045 (310) 649 -0990 FAX: (310) 649 -0416 Continuation Certificate Bond Number Bond Description Effective Date Expiration Date 196527 Maintenance Floor Contract December 16, 2006 December 16, 2007 Principal: VARGAS OLSON ENTERPRISES, INC. DBA PACIFIC FLOORING CO. 115 EAST ST. JOSEPH STREET ARCADIA, CA, 91006 Obligee: ARCADIA CITY PUBLIC WORKS DEPT (CA) PO BOX 60021 ARCADIA, CA, 91066 THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON IT AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE WITHIN THE FIRST AND /OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR FUTURE. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SIGNED AND DATED THIS 19th DAY OF _ March 2007 Agent: ARMSTRONG /ROBITAILLE, INC. 680 LANGSDORF DR., SUITE 4100 FULLERTON, CA, 92831 AMERICAN CONTRACTORS INDEWN ITY COMPANY `,- -------- Paul S. Dito , Auomey_ir :act HCCSCA599B0 )d IUWP,, M' t I ICI American Contractors Indemnity Company 1111''All, , I 'I q Ij t9841 Airport BMW"416of Los Angeles Callifoinii 9604� OF ATTORNEY KNOW ALL MEN BY THESE PRESENTSt 11, ThaYAmerican Contractors Indemnity Company y of the State of California, dCalifornia corporation, does hereby appoint, Erilk Johansson, Paul S. Dito,.Kim.Heredia, Edith Garibay,,Paula LaSalle, orDeniXki;=AAQe,CHliforn kct. with full authorrityto —execute on its behalf1bords; Undertakings, recognizances ind'iothei contracts its true and I - " !I, ill I I I of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ ()()Q,PQO.00********* Power of Attorney shall expire without further action ci� Jug 3 This 0 1� fli 1 11 29�2609� Thi-s-Pi3wer of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by ---the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY - at a meeting duly called and held on the 61 1 h day of IRE iip December, 1990 jjpjiil� �i� Secretary in i e Officer. President Why i President, Executive Vice President, Se tary "RESOLVED 11131 It or Assist�an�t"Si�cretiallryf;�llI have the power and authority i __-To ppoint Aaormyj�)Jn-Fqcf and 1� dalifiorize them I&" ciiji"on behatfoltite Company, and attach the seal of the Cothiba4 bonds and undertakingi. rtfracts',q�i indeminity and other writings obliggloryr f I the nature ihereofand, co in 2. To remove, at any time any such Attorney-in-Fact and revoke the authority given. such Powqr,q, Attorney or certificate lures of such 4q4;4%�TiQ!s7aI* the Compary� Way, be Offliecitto at RESOLVED FU 1,� 111, ' '11hel v'61W aIndbinding III I�11 'such Power of A itZ�7= Afimate bearing such facsindle signatures or �acsjmjle' sent s't relating thereto 1,1c M,an ay upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal sludi be valid and binding upon the Company in the future with respect to any, bond or touler(a Ing to which it is attached, IN , WITNESS WHEREOF, Am I erican demnity Company has caused its seal to be affixed hereto and executed tors In ly '-Executive - Vice President on the 0° of January, 2007. TO AMERICAN CONTRACTORS I INDEMNITY q[TY,COMPANY D 21111190 By: 11 i I I I . . , �11, I �jjj STATE OF CALIFORNIA 7777� Executive Vice President § �Adams.pessin, COUNTY OF LOS ANGELES '111 before lie, Steve ve Fedunak , a notary public' personally appeared S. Pessin, Executive 'vice'' 1111111. tl�l�l II, y ,-on !his9t1I of January, 2007,'b m I evidence) to --President of American Contractors Indemnity Company , personally. known to me (or proved to me on the basis of satisfactory )Wledge� tome that he,/she/tbey executed ilic same in i� be the person(s int" P /'re subscribed to thiAthirifirsiMmment and acknc q 'it'f III 11 1,1 til I E : by%A�lleir_ (s) on the in'sl rumle elittyuporib"ha o ih�i 211 1,01 �, — — li� , perso I � I , his/her/their But ni tII I' n(s), or the C and that rson"' (� acted, executed ted the instrument.— which the pe t ecu e WITNESS 11 STEVE,0EbULNAK It I,! q HQIII 11 WITN my hand and official set �78 0 comm. No. 1593! C WWI JIA NoTARY PUBLIC - CAL FORNIA tp I L OS 'ANGELES COUNTY My Comm .. ECxp. June 29. �2.009 - Ir Signature of Notary 0 My Commissi im M_ certify that the Power of Attorney an 1, Jeannie J. 0 am? Kim: �C irporate Seci6tary of American Contractors ITd-emnity 0 pamy;do hereby d the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force an , d effect. lu 111 II MI. 1 2 1 007 1.1 i j IN WITNESS kunto,set,myjanTtfii0 fijIlMay of M�Liqh' l' II, U L oll -196527 We Bond No �t Jeann 1. Kim, Co !i"[,I`1iI1I' #9007 0 V Agency No FUAOV2VO6 cl I)))) f V Pr j 01, 0 0 rwl lIQItlDNIA ALL.PIIIRPOSE ACKNOWLEDGMENT State of California ss. County of Orange On March 19, 2007 before me, Edith Garibav, Notate Public Dale Name and Till. .1 01 (e.a.,'Jano Doo, Notary I'ulllid') personally appeared Paul S. Dito --------------------------------- Nanm(s) of Slan.l(a) IXI personally known to me LI proved to me on the basis of satisfactory evidence \I EDITH GARIBAY COMM. # 1468639 :E NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ^' 11 My comm. expires Feb. 7, 2008 �t Place Nolary Seal Above to be the person(R) whose nameo@) is /am subscribed to the within instrument and acknowledged to me that hekibob &X executed the same in hislij4X kXd jR authorized capacity(jggii, and that by his /be¢j9}@k signatureW on the instrument the Person(), or the entity upon behalf of which the person(m) acted, executed the instrument. official seal. OPTIONAL Though the information below is not required by law, it may prove a 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: Bond No. Document Dale: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Number of Pages: Signer's Name: ❑ Individual Top of plumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Comoan 0 1 1109 National Nolary Asaoolelian -9350 W Solo M... P.O. eor 2102 • 01xuwMb, CA91313 e W . o- a'neuu�e�.�.,.a.,....a ems.. —!'ne TNLF,ee 1.91ro. 111611827 OR GWAL AMENDMENT NO.2 TO 2003 -2004 CONSTRUCTION SERVICES IIA -V MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OFp + �j J - ARCADIA AND VARGAS OLSON ENTERPRISES, INC. This Amendment No. 2 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Vargas Olson Enterprises, Inc. with respect to that certain Agreement between the parties dated December 16, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including December 16, 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 VARGAS OLSO 19 ENTERPRISES, INC. c By: By: William R. Kelly City Manager Dated: _ 200 APPROVED AS TO FORM: i'{1� P. City Attorney \Oycc (Title Dated: D 2005 CONCUR: Pat Malloy Public Works Services Director CONTINUATION CERTIFCATE To: City of Arcadia Flooring Company as Principal, and a California corporation, as Surety, hereby notify: City of Arcadia as Obligee, that the above named Principal's bond number 196527 in the amount of Seventy -four Thousand Eight Hundred Ninety and 00/100 shall be continued in force effective December 16, 2005 and shall remain in full force and effect until the soonest of (1) December 16, 2006, (2) it is cancelled by the surety, or it is otherwise terminated. The aggregate liability of the surety shall not exceed the amount of this certificate. The liability of the surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification, new bond, reinstatement, reissue, renewal, replacement, substitution or any other extension of suretyship. IN WITNESS OF THIS CONTRACT, the Principal and Surety have affixed their hands and seals this 13th day of December , 2005. Principal: , Vajtas Olson Enterprises, Inc. dba: Pacific Flooring Company Indemnity Company G -_ _ -- - -L x i- • • State of California } } ss. County of Orange } On December 13. 2005 , before me, Patricia Ann Toth, Notary Public , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') Personally appeared Brad L. Settaast ._ issbn # 1413261 � ....i>' Public - Co111om1a CG ®; ' NotoCommorange Coun 20, 2( My Comm. F�e ® personally known to me evideaoe to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he/she executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrument the persorl or the entity upon behalf of which the persons) acted, executed the instrument. WITN my hand and official seal. Place Notary Seal Above Slgnallure of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Docu ant Title or Type of Document: Document Date: / ;;2 / 6— U f Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner - -- ❑Limited ❑ ® Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: !E Number of Pages: 01997 Nalional Notary Assoaafion. 9350 Desoto Ave- P.O. Box 2402 • Chatsworth, CA 913132402 14 C 7 AMENDMENT NO. 1 TO 2003 -2004 CONSTRUCTION SERVICES MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND VARGAS OLSON ENTERPRISES, INC. 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 Vargas Olson Enterprises, Inc. with respect to that certain Agreement between the parties dated December 16, 2003 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including December 16, 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 VARGAS OLSQI ENTERPRISES, INC. By: k k� By: William R. Kelly City Manager Dated: 11q 12004 APPROVED n j--- AS TO City Attorney vo V-C, Dated: 2004 Pat Malloy Public Works Services Director AGREEMENT THIS AGREEMENT, made and executed this ) nth day of DPCCM i - Y-_� , 2003 by and between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007, hereinafter referred to simply as "City ") and Vargas Olson Ent. Inc. whose address is 13200 Brooks Drive, Suite G, Baldwin Park, CA 91706 hereinafter referred to simply as "Contractor ". RECITALS A. City has invited bids relative to construction services on an as needed basis. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form either Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions of the bid document, the Labor and Material Bond, Faithful Performance Bond, Non - Collusion Affidavits, all addenda as prepared prior to- the date -of- bid - opening- setting -forth any- modifications or- interpretations of any of -- said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a 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 plumbing services as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, providing construction services, 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 priorto acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for all other risks of any description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation the sum of SEVENTY FOUR THOUSAND EIGHT HUNDRED NINETY DOLLARS AND NO CENTS ($74,890.00). 17 5. N heThe reby employ said Contractor torprov with the said the material and toodo the employ, according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. 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 this this fc notice given l 5 k i signing Co t at, and the Cont ac orr hall commencewo wth n f ve (5) calendar days after said notice is given. The City's Public Works Services Director, or his designee, shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, or his designee, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director, or his _ designee, to do-so,- the - Director >may suspend- the - Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. n CITY OF ARCADIA II/ By: An City Manager Date (SEAL) ATT ST: Clerk Date APPROVED AS TO FORM:� Jd�iV1�� City Attorney M ENT. INC. By:" \fv I Title 5GDj3 -7 License No.