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HomeMy WebLinkAboutC-2241I.e.rO...[.0 AMENDMENT NO. 4 TO *2006 -2007 ELECTRICAL PREVENTATIVE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND D & J ELECTRICAL 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 D & J Foothill Electrical Contractors, Inc., with respect to that certain Agreement between the parties dated August 23, 2006 ( "Agreement "). The parties agree as follows: The term of the Agreement is extended to and including August 30, 2010. 2. For the period of the Extension of the Contract, the total consumption payable by the City to the Contractor shall not exceed ONE HUNDRED FIFTEEN THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($115,500.00) 3. 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 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). [SIGNATURES ON NEXT PAGE] 4. 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 By: .pn4 Donald Penman City Manager Dated: !�� 6 , a.00 9 (SEAL) ,ATT T: ity ,Clerk -," I J " 1 ( Date CONCUR: Pat Malloy, Assisont City Mgr/ Public Works Services Director D & J FO THILL ELECTRICAL By. ave Lammens President Dated: 08 -04 -09 Prein4w► ar Contract Term FAITHFUL PERFORMANCE BOND and is Subject to Adjustment 100% of Contract Price Based on Final Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That D &J Foothill Electrical Contractors. Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and SureTec Insurance Comnan Bond No. 4374770 Premium: $2,733.00 Issued In Four Original Counterparts 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 FIFTEEN THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($115,500.00), 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: ELECTRICAL PREVENTATIVE MAINTENANCE AT 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 31st day of July , 2009. D &J Foothili Electrical Contractors, Inc. SureTec Insurance Company Principal �rety (SEAL) EAL)Shaunna Burchfiel, Attorney -in -Fact BIC -1 . - f-, ACKNOWLEDGMENT State of California County of Los Angeles On July 31st, 2009 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna Burchfiel, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the perso 04 whose namep'j glare subscribed to the within instrument and acknowledge o me that he/ h' /they executed the same in his e their authorized capacity), and that by hi /he /their signature on the instrument the person; or the entity upon behalf of which the personS,s°j 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 �! U s4004�T4,0 :•S L OO4n�4`O.n.l <sO,a TOOgPbv0044400 t '.J� R aA_t it.' ^�_j� O w m ,...NIA Ir 400041 40aP:Yv,.s. `. 31,201 } ` ' �• +40000000 (Seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On V41102 before me, R4, '�- ?-4&tL;A) A,10771-e Po A// D to Here Insert Name and Title of the Officer IJ personally appeared /Q M M L-N S Name(s) of Signer(s) PAMELA VEHAWN Commission #t 1855403 Notary Public - California Los Angeles County M Comm. Expires Jul 21, 2013 Place Notary Seal and /or Stamp Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name is re subscribed to the within instrument and acknowledged to me that (i ✓she /they executed the same in ( ti ier /their authorized capacity(ip4), and that by is her /their signatureS,a'j on the instrument the person(41 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. WITNESS my hand and official seal. Signature: -( U-j 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: P� /ZARMaNce– 20 /d 1) Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator fMTiI1;i071 Signer Is Representing ©2008 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 Premium For Contract Term Bond No. 4374770 and is Subject to Adjustment LABOR AND MATERIAL BOND Premium Included in Performance Bond Based on Final Contract Price (100% of Contract Price) Issued In Four Original Counterparts KNOW ALL PERSONS BY THESE PRESENTS: That D &J Foothill Electrical Contractors, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and SureTec 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 ONE HUNDRED FIFTEEN THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($115,500.00), 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: ELECTRICAL PREVENTATIVE MAINTENANCE AT 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 311t day of July , 2009. D &J Foothill Ftectrical Contractors, Inc. $ Tec Insurance Company `~ Principal $ur y1 ��- (SEAL) dy. (SEAL)Shaunna Burchfiel, Attorney -in -Fact BIC -2 ACKNOWLEDGMENT State of California County of Los Angeles On July 31 st, 2009 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna Burchfiel, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(,$'] whose name [ are subscribed to the within instrument and acknowledge o me that he /sh /they executed the same in hisOetheir authorized capacity), and that by hi /he /their signature on the instrument the person', or the entity upon behalf of which the person(s5 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. 448444 .>04i++b• >gg4A7004b44•O�g04gP :••?44 8040440 WITNESS my hand and official seal. ¢� ' ��?A' `? m s� C S,, Ir Gs JIA �a Q;yj \ �� b jr, h ,fit K ^ F '.t 1y 2010 .� A S y.g0 � a v • }• >OOS40040 0449000b 4 r, Signature CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of o S 9 e_ � On 91,qL0 before me, 21vrt j, N lj o /�Cd %r C. Date �� • Here Insert Name a d Title of the Officer personally appeared Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ... no, 1211-011111 Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(40S are subscribed to the within instrument and acknowledged to me that /she /they executed the same in hls er /their authorized capacityQ04 and that by ii her /their signatureO on the instrument the PAMELA VEHAWN or the entity upon behalf of which the Commission # 1855403 person/ = person( acted, executed the instrument. a Q Notary Public - California i i Los Angeles County My Comm. Expires Jul 21, 2013+ 1 certify under PENALTY OF PERJURY under the Y laws of the State of California that the foregoing paragraph is true and correct. WITNESS my official sea Signature: Place Notary Seal and/or Stamp 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 LC-Ld' f J� loaie2l a / Title or Type of Document: ft /30i/D Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ... no, 1211-011111 Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 POA g; 510026 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All J1en by These Presents, That SURETIEC INSURANCE COMPANY (the '`Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint George Burchfiel, Shaunna Burchfiel of Corona, CA its true and lawful Attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: 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 to appoint any one or more suitable persons as Attorney(s) -in -Pact to represent and act for and on behalf of the Company subject to the following provisions: _dttornev -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the ['resident 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 hearing 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. (Adopted at a meeting held on 20`r' of April, 1999.) In Witness 111tereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. �JRETEC T . URANCE COMPANY By. . LIU B.J. Ki g, reside t State ofI'exas ss:� z County of II-rri• r On this 20th day of June, A.D. 2005 before me personally came B.J. King, to the known, who, being by me duly sworn, did depose and say, that he resides in Houston, 'Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument: that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that lie signed his name thereto by like order. Michelle Denny Notary Public n Slate of Texo= iw �' { NN Cgmm(sslon Expires Michelle Denny, Notary P` lie August 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SUKFTEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this k'k— day �� \_ _ _, 20 ! I' , A.D. Brent Bea ssistant See tary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. • I100 - SO AMENDMENT NO. 3 TO 2006 -2007 ELECTRICAL PREVENTATIVE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND D & J ELECTRICAL 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 D & J Foothill Electrical Contractors, Inc., with respect to that certain Agreement between the parties dated August 23, 2006 ( "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 FIFTEEN THOUSAND AND FIVE HUNDRED FIFTY -TWO DOLLARS ($115,552.00) 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 AARCADIA D & J F OTHILL ELECTRICAL By: LCJne- 4>1_� By zov��� Donald Penman City Manager Dated: 3' AU) 0 (SEAL) ATTE T: � a It f Ae Ad Zv t City Clerk ate at Mall y, AssistTnt City Mgr/ Public Works Services Director David Lammens (Print name) President (Title) Dated: 3� `� CH-4 OerV- ORIGINAL X 1016 - !�;^ AMENDMENT NO. 2 TO 2006 -2007 ELECTRICAL PREVENTATIVE MAINTENANCE CONTRACT BY AND c7I l T BETWEEN THE CITY OF ARCADIA AND D & J ELECTRICAL 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 D & J Foothill Electrical Contractors Inc., with respect to that certain , Agreement between the parties dated August 23, 2006 ( "Agreement'). The parties agree as follows: The term of the Agreement is extended to and including August 30, 2009. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA Donald Penman City Manager Dated: KIaa46P 12008 (SEAL) 6TTES 6glhao ity Cie Date APPROVED AS TO FORM: Q Stephen P. Deitsch, City Attorney D & J FOOT HILL ELECTRICAL By: Dave Lammens (Print name) - President '. (Title) Dated: August 19, , 2008 !CUKI Pat Malfd Ass4lant City Mgr/ Public Works Services Director Premium for contract term and F1&HFUL PERFORMANCE BOND Bond No. 4367869 is subject to adjustment based 100% of Contract Price • Premium: $2,864.00 on final contract price . - Issued in three original counterparts KNOW ALL PERSONS BY THESE PRESENTS: That D &J Foothill Electrical Contractors. Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and SureTec Insurance Company A corporation duly organized and doing ouslness under and Dy vinue or me laws or me 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 TWENTY FOUR THOUSAND AND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($124,250.00), 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: ELECTRICAL PREVENTATIVE MAINTENANCE AT 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 18th day of August 2008. D &J Foothill Electrical Contractors, Inc. Sur c Insurance Company Principal rA $ �1 �'�'�t'�, "� By: (SEAL David-i;atranens, President (S L )tCaunna Burchfiel, Attorney -In -Fact ^ BIC-1 0 0 CALIFORNIA ate' as4�:.� a ✓' _gin: ' .�i w �-IZZ:_' yrG� _ .a � _.. R,..' v;. y. - �.. n. k State of California County of L-5 14 rvae- r On Fl t �i �� L before me, �A7+1 G/a ,k� a) e P" /i C Date Here Insert Name arm 1111. o111e 011ic personally appeared fur rn m ee n)-s Na.e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Kwhose nameW is /4w subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ihai authorized s . PAMELA VEHAWN capacity(iesT, and that by his/hsr4heir signatureKon the .i X.. com Notary ;71596330 M w zo 1; Notary PUbGOCalifornla y instrument the personW, or the entity upon behalf of which the person}- acted, executed the instrument. LOS ANGELES CCIINTY _, My Comm. Exp. July 21, 2999 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 se I. Signature ' Place Notary Seel 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 J & Title or Type of Document: n)Z Document Date: / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General _ • Attorney in Fact ❑ Trustee Top of Thumb here • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER . On 0200] National Notary Association •9350 De Soto A".. P.O. aox2402•Chats rth. CA 91313.2402- .NalionelNctery.org 118.015907 Rearoor:Ceg Toll- Freel - 800,876 -6827 0 0 ACKNOWLEDGMENT State of California County of Los Angeles On August 18th, 2008 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna Burchfiel, Attomey- in-Fact who proved to me on the basis of satisfactory evidence to be the pers whose name( i are subs ribed to the within instrument pnd acknowledge Up me that he h /they executed the same in his�e their authorized capacity0fl, and that by hi he /their signature on the instrument the person, or the entity upon behalf of which the person(o 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. TItACI°I LA ON WITNESS my hand and official seal. w NorAOpY�PMUBL#C1 C�1L1�rpRNU m Q LOS ANGELES coUNry �..... ... �O.M.miiiroi0i eNh�ea Jan. 31, 2010 i Signature (Seal) Premium for contract term and &OR AND MATERIAL BOND • Bond No. 4367869 is subject to adjustment based - (100% of Contract Price) Premium Included in Performance Bond on final contract price - Issued in three original counterparts KNOW ALL PERSONS BY THESE PRESENTS: - -That D &J Foothill Electrical Contractors, Inc. hereinafter referred to as "Contractor" as PRINCIPAL, and SureTec Insurance Company A corporation auly organizea ana. aoing Dusiness unaer ana Dy vinue OT Lne laws OT Lne 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 ONE HUNDRED TWENTY FOUR THOUSAND AND TWO HUNDRED FIFTY DOLLARS AND NO. CENTS ($124,250.00), 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: ELECTRICAL PREVENTATIVE MAINTENANCE AT 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 18th day of August 2008. D &J Foo thill Electrical Contractors, Inc. Su Tee Insurance Company Principal / � 1 i A A /I A /1 L 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ti �¢fL�T,."�>vii:'+'w> _: a rj5_* �a �aCC�tL• -i _tiC�v_VU tiw ' > �S�c� . aLC y A State of California 11 1 County of ��� 17 ae_ le5 On f// before me, el%a ./ aTrt1Zti P" /I L Date Here Iroerl Nametend TiN d iha O personally appeared 1 �i r� LQm r» e-AuS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personal whose name* is/4w subscribed to the within instrument and acknowledged to me that he /shehhey executed the same in his/her/iheir authorized PAMELA VEHAWN capacity(1esj, and that by his/her/their signatureKon the 'r. instrument the ersonM, or the entity upon behalf of ` CpMM.,Y1596330 m P =gym p, No ary' u 11c-Calit, We g which the person( acted, executed the instrument. r LOS ANGElE5 COUNT Y .••• MY COMM. Exp. July 21, 2009 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 0 cCA-V^^ -- PNce NoNry Seal Ab SIWwwre of Notary Pmlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Z-4- 6 o o_ e� d Document Date: FJ 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 Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NA a N Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact e • Trustee Top of Thumb here • Guardian or Conservator • Other: Signer Is Representing: 02007Nelcnal Notary Asscdodon • 9350 Do Soto AV.,P.O.Box 2402•Chal nh,CAB1813-2402- ..NaBOnil q..arg Ilem#5907 Reorder.Call Toll- Freel -B00. 8766827 0 State of California County of Los Angeles On August 18th, 2008 ACKNOWLEDGMENT before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna Burchfiel, Attome -in -Fact who proved to me on the basis of satisfactory evidence to be the pers whose name( are subs ribed to the within instrument nd acknowledge o me that he h /they executed the same in his "their authorized capacity, and that by hi /h /their signature on the instrument the person', or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. gN�NON000�NONNNNONjR--N NON0 WITNESS m hand and official seal. TRACT 1 £ y ¢ COMM # 15 m QW NOTARY PUBLIC • U LANGaLBS TY D 8NN� N�� iaiaa i'. �aPlra an. 91, 2010]j - t ON00000000NK Signature (Seal) 0 POA #: 510026 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by these Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas; and having its principal office its Houston, Harris County, Texas, does by these presents make, constitute and appoint George Burchfiel, Shaunna Burchfiel of Corona, CA its true and lawful Attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said'Attomey(s) -in- Fact may do in the premises, Said appointment shall continue in force until 10/31 /0g and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: 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 to appoint my one or more suitable persons as Attomey(s) -in=Fact to represent and act for and on behalf the Company subject to the following provisions: Attornayin- Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver; any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and settled and affected 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. (Adopted at meeting held on 2e of April,, 1999) ' In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be her: to affixed this 20th day of June, A.D. 2005. ETEC iSURANCE COMPANY .,�� �o+ X q �og By: B.J.Ki g, reside t State of rexas ss �mf County or Harris On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known; who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of $URETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;. that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ISMiaheAe Denny 81ale0fthxat °��Q�,jJI✓�(;t1,YlAl� -� tAYComnbitonEq>hat Michelle Denny, NotaryP Ile AugtlsF27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant. Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a'true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of they Board. of Directors, set . out in the Power of Attorney are to full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 18th day ust 20 08 A.D. Brent Bea , sistant Sec tery Any Instrument Issued la excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 8:00 pm CST. ' • • I�oo -So AMENDMENT NO. 1 TO 2006 -2007 ELECTRICAL PREVENTATIVE MAINTENANCE CONTRACT BY AND g BETWEEN THE CITY OF ARCADIA AND D & J ELECTRICAL 17*- 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 D & J Foothill Electrical Contractors, Inc., with respect to that certain Agreement between the parties dated August 23, 2006 ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including August 30, 2008. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA D & J FOOTHILL ELECTRICAL By: U°J By:� William R. Kelly, City Manager Dated: Ole , 2007 (SEAL) ATTEST:I ,•�� APPROVED AS TO FORM: _ -P Stephen P. Deitsch, City Attorney 0 Dave Lammens (Print name) President (Title) _ Dated: August 22, 2007, Pat Malloy Public Works S rvices Director �o..fd e.w•d City Of August 8, 2007 Arcadia David Lammens, President Public Works D & J Foothill Electrical Contractors, Inc. Services 2451 First Street Department La Verne, CA 91750 Subject: Amendment No. 1 to the 2006 -2007 Electrical Preventative Maintenance Contract by and between the Pat Malloy City of Arcadia and D & J Foothill Electrical Contractors, Public Works Services Inc. Director Dear Mr. Lammens: Enclosed are three (3) sets of Amendment No. 1, Faithful Performance Bond and Labor and Material Bond for execution by an authorized representative of your organization. Please execute and date the Amendments and Bonds and return all three (3) sets for execution by the City, a fully executed copy will be returned to you. Note that signatures of both Principal and Surety must be notarized on all bonds. In addition, please provide us with current insurance certificates and endorsements, naming the City of Arcadia as additional insured. Please refer to pages GP -4 & GP -5 of original contract for insurance requirements. If you should have any questions, please contact me at (626) 256 -6594. Sincerely, Deanna Franco Public Works Technician PM:df 11800 Goldring Road Post Office Soz 60021 Arcadia, CA 91066 -6021 (626) 256 -6554 (626) 359 -7028 F. Premium for contract term and is subject to adjustment based on final contract price • • Bond No. 4356140 Premium: $2,864.00 FAITHFUL PER ORMANCE BOND Issued in three original counterparts — f bba o ontract rice KNOW AR PERSONS BY THESE PRESENTS: That D &J Foothill Electrical Contractors, Inc. herelga referred to as "Contractor' as PRINCIPAL, and SureTec Insurance Company A corporeltbn duly organized and doing business under and by virtue of the Tams of the State of 14alffornia and duly licensed for the purpose of making, guaranteeing, or becomin lJole surety upon bonds or undertakings as Surety, are held and finely bound unto the ITY OF ARCADIA. CALIFORNIA. hereinafter referred to as the "City" in the sum ONE HUNDRED TWENTY FOUR THOUSAND TWO HUNDRED FIFTY DOLLAR AND NO CENTS (:124,250.00), lawful money of the United States of America 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 se presents. T CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contract has been awarded and is about to enter into a Contract with the City to perform a I JNork required pursuant to the contract documents for the project entitled: ELECIHICAL PREVENTATIVE MAINTENANCE AT VARIOUS CITY FACILITIES which Co i ct is by this reference incorporated herein, and is required by the City to give this E nd in connection with the execution of said Contract; N , THEREFORE, if said Contractor and his Subcontractors shall well and truly do a i, I perform all the covenants and obligations of said Contract on his part to be r done an performed at the times and in the manner specked herein including compliance with all Contract specifications and quality requirements, then this obligation , shall ben i and void, otherwise it shall be and remain in full force and effect; P IDED, that any alterations in the work to be done, or in the material to be furnished, hich may be made pursuant to the terms of said Contract, shall not in any way raise said Contractor or the Surety thereunder, nor shall any extensions of time granted u er the provisions of said Contract release either said Contractor or said Surety, a notice of such alterations of extensions of the Contract is hereby waived by In a 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 reasonabl attorney's fee to be fixed by the Court. IN ITNESS WHEREOF, we have hereunto set our hands and seals This 14 day of August 2007. D &J Footlri lectrical Contractors Inc. SureTec Insurance Com an Principal rety _J B Z', (SEA } id Lammens, Pres. L Shaunna Burchfiel, Attorney in Fact BIC -1 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County f Los Angeles } ss. tY J On August 14th, 2007 before me, Traci Larson, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Pudic') personally appeared Shaunna Burchfiel, Attorney in Fact Name(e) of Signions) - NNN- �N�N�NNN Si ACI I:.ARSON x IT COMM # 1642285 D W NOTARY PUBLIC•CALIFORNIA m Q LOS ANGELES COUNTY as �NN�� 0006q.....ONpIa00N0� Jan 31 201 0� Place Notary Seal Above N personally known to me ❑ 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. WITNESS my hand and official seal. 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 Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT l OF SIGNER 0 1998 Neliohal Notary Aeuidallon • 9360 De Sob Ave., P.O. Box 2402 • Chalewon8, CA 91313-2e02 • wmv.nelionelriolery.or9 Prod No. 597 fieoMec CoN Toll-Free 1-900.876 -6827 ,Premium for contract term and is subject to adjustment based on final contract price KNOW That • AD M 0 o ce OND PERSONS BY THESE PRESENTS: D &J Foothill Electrical Contractors, Inc. • Bond No. 4356140 Premium included in performance bond Issued in three original counterparts heroine Areferred to as "Contractor" as PRINCIPAL, and SureTec Insurance Company A corpor tl)n my orga nized and doing business under and by virtue of the laws o t e State of fomia, and duly licensed for the purpose of making, guaranteeing, or becomin e Surety upon bonds or undertakings as surety, are held and firmly bound unto the OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum NE HUNDRED TWENTY FOUR THOUSAND TWO HUNDRED FIFTY DOLLAR AND NO CENTS ($124,250.00), lawful money of the United States of America the payment of which sum, well and truly to be made, we bind ourselves, our heirs xecutors, administrators, assigns and successors, jointly and severally, firmly by t se presents. THN CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contracto has been awarded and is about to enter Into a Contract with the City to perform all required pursuant to the contract documents for the project entitled: ELECTRICAL PREVENTATIVE MAINTENANCE AT VARIOUS CITY FACILITIES which Co� act is by this reference incorporated herein, and is required by the City to give this nd in connection with the execution of said Contract; N , THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for a materials, equipment, tools, provisions, provender or other supplies, or teams, or rvices, or for rental of same, used in, upon, for or about the performance of the work ntracted to be done, or for any work or labor thereon of any kind, or for amounts a under applicable law with respect to any work or labor thereon, said Surety wil ay for the same in an amount not exceeding the sum specified above, and also, in 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 oorporati entltfed to file claims under applicable law; P I IDED, that any alterations in the work to be done, or the materials, equipmeols, provisions, provender or other supplies, or teams, or services to be fumisheich may be made pursuant to the terns of said Contract, shall not in any way releeither said Contractor or said Surety thereunder, nor shall any extensions of time g ed under the provisions of said Contract release either said Contractor or said Suand notice of such alterations or extensions of the Contract is hereby waived b d Surety. IN "ITNESS WHEREOF, we have hereunto set our hands and seals This 1�day of August 2007. D &J FoothiU.Electrical Contractors Inc. SureTec Insurance Company rincipal S By. '�'� s `�—� By: (SEALT DAtid Lammens, Pres. )ShaunnaBurchfiel, Attorney inFact E CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Ange On August 14th, 2007 Date I SS. before me, Traci Larson, Notary Public Name aM Ti11e of Officer (e.g.. "Jane Doe, Notary Public) personally appeared Shaunna Burchfiel, Attorney in Fact Name(e) of Signe(s) }.YONN.H.N.YHHMH..HH.YLNO.Ng r TRACT CARSON COMM # 1842285 m W NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY : My Commission Expires Jan. 31, 2010: . HeeeYee .eeeee.esYHHeeYYeeYYYYeeYeeYee ® personally known to me ❑ 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. WITNE S my hand and official seal. Z 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(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited [I General ® Attorney in Fact ❑ Trustee • Guardian or Conservator • Other. Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999 Nalonai NoWq Assonalion • 0350 De Solo Ave., P.O. 80K 2402 • Chelswonh, CA 91313 2,102 • www.nlionelrolery M9 Prad, No 5907 Reorder. Ca/ Toll -Free 1.600 076 -6921 0 0 Pon a: 510026 SureTec Insurance Company LIMITED POWER OF ATTORNEY Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized aid existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint George Burchfiel, Shaunna Burchfiel of Pomona, CA its true and lawful Attomey(s) -in -fact, with full power and authority hereby conferred ht its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/07 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be rt 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 to appoint any one or more suitable persons as Attomey(s) -in -Pact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be 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. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. " """ " " "* RETEC FSDRANCE COMPANY SUnANpF B y o t; Slat ,, ss; Coin-Ity of Ifarts.- On this 20th . day of hme, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Ecuslon, Text's, -that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument, that lie knows die seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. MiChelle Denny ° Noiary PubSo • JsyaleolTexa My Commission DPW Michelle Denny, Notary tie August 27. 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company,Iwfiich is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this _,AA V' A.Brent NBS 20b A.D. nt Sec ta rt' Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (719) 812.0800 any business day between 8:00 am and 5:00 pm CST. SUGGESTED FORM OF ENDORSEMENT TO INSURANCE POLICY (a similar endorsement may be acceptable to City, subiect to its approval) Name of Insurance Company Policy Number Effective Date The following endorsements are hereby incorporated by reference onto the attached Certificate of Insurance as though fully set forth thereon: 1. The naming of an additional insured as herein provided shall not affect any recovery to which additional insured would be entitled under this policy if not named as such additional insured; and 2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof; and 3. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured thirty (30) days written notice. 4. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate. It is agreed that the City of Arcadia and its officers, officials, employees and agents are included as Additional Insured. Authorized Insurance Agent BIC -3 08/21/2007 17'.12 FAH 2215210 Crosby In<Iararlce ,Inc. .4 080- — C- ERTIFICAT F LIABILITY IIVSURANC „rO",!D wc Crosby Insurance, Inc. P.O. Box 31150 Anaheim CA 92809 Phone: 714-221-5200 Pax:114- 221 -5210 WGYR60 .. D J Toothill Contractors LaW pirst at. Verne CA 91,750 INSURERS AFFORDING COVERAGE INSUPr,R A. NAVIGATORS INS. FINSURER B Mt. Bawer insra INSURER — peerless Inaura waugegD Ia OC) ?!004 DATE IMM/OLYYYYYI NOT AMEND, EXTEND OR BY THE POLICIES BELOW. NAIC # THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEC ABCVE FOR THE M04 ICY pen CO INDICATED NOTWITHSTANDING ANY RFOUIREMENT, TERM OR COND'TCN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIB CERTIEIC.QE MAY BE ISSUE) OR MAY PERTAIN. THE INWRANCE AFFORDED BY THE POLICIES DFSCRIRED HEREIN IS SUO:ECT TO ALL THE TERMS, EXCLW IONS AND CONDITONB O= SUCH POLICIES. AGGREGATE V.MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �yq LT SR R TYPO OF INSURANCE NUMEEN pATIMWDD/Y17 04 7 f WWMM Df T - - -u LIMITS — GENERILLIABNJTY EACH OCCUflfiENCE 51,000,000 ���---��� III A'.. X(COMMERCIAL CENERLLLAIiIIm Q4– %IQOQQi77 x I DAMAGE TO'a IRTEO —'�— Ofi /Ql /Q7 0E /01 /08 PREMISES IEs'tt'42eeiL 10 000_.. –_ _J CLAIMS MADE OCCUR rMED_EKP_My arP pBreanl I E 51000 %!Owner /COnt Prot. (('PERSONAL 3 ACV IKJJR $1,000,0_0__0 ! GENERALAGGREGATE a 2,000 OQQ GENT ACCRESATE LIMIT APPLIES PER; I PRODUCTS. COMPIOP A3G _2 . 14 2 , 0__00 . , 000 PRO- ( POLICY'% JECT LOC _ I____ AUTOMOBILE UAB!Lm I 5F —. COMBINED SINGLE LIMIT iii 000 000 C % ANYnurG BA83Q5D79 U8/Ol/07 : 08/01/08 (EPRC4aP9: , , ALL 0ILYED AJ)OS - JSGHEDULED AUTdB BODLY NJURY IPw PNaEnJ I a 1 HIRED AUTOS BUSILY INJURY NON-OWNED AUTOS -1 PNOPERTYDAIAAGE f CARAGE LNBILm AUTO ONLY- FA ACCI^vENT { ., ANYAU TU I�- UTH RTHM! EA AD_ -��- AUT� ONLY; �. EXCES'SNMB0.FA,LA WAIN IY AGO ! 5 EACH OCCURRENCE 31,000,000 �I,, H x OCCUR CLAIMS MADE EMX0307393 D8 /Ol /07 C AGGREGATE _ s1 000,000 I 8 DFOJC'IBLF I — RETENTION S t �' aF WORKERS CONPENBATION AND EMPLOYERS' LNBILITY - -- ANYMOPRIETORIPARTNERRAECUTIVE `L EACH ACC 13ENT OFFICEMMEMBER EXCLUDED? I � E.L. pIaEARF • EA ENpu�' /EFL S' BdE0A1 PRD'd91DN6 wrow III. DISFA6F. PODGY LIMB ; F OTAIR ' -.. I DESCRIPTION OF DURATIONS! LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROWSKNS 10 day notice of cancellation will be given due to non - payment of premium. RS: 2006 -2007 Electrical Preventative Maintenance. The certificate holder is named additional insured per the attached endorsemant. This insurance is primary and waiver of Subrogation applies. GERTTPN:ATE: MULDER CANC91-LAT9nN RL Wmw a, IzwTIUnj -- - I RJ ACORD CORPORATION 1988 ARCADI3 SHOULD ANY OF THE AadYl bLLCRIBED POLICIES BE CA LLIOBEPORE THa NIMRATNII+I DATE THEREOF, THE 166UING INSURER WELL ENDEAVOR TO MAIL •30 DAYS WRITTEN CITY OS. NOTN:E TO THE CERTIFICATE HOLEGA NAMED TO THE LEFT, E1R FAILURE TO DO ED 3NALL P.O. Sox 60021 60021 IMPOSE NO OBLIDATIDN OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Arcadia CA 91066 -6021 REPRESENTATIVES. "A–UTH–OIND R HT EJ RL Wmw a, IzwTIUnj -- - I RJ ACORD CORPORATION 1988 46/21/2007 17 12 FPX 2216.10 Crosby Insurance ,Inc. G03I'o0$ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pohry(ies) most be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAINIED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or attar the coverage afforded by the policies listed thereon. 1'18/2112097 17 13 FAH 2215410 Crosby Insurance ,Inc_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1105 to (o4 '004 Policy Number: 04- N0000177 Endorsement Effective: 0811 7107 - 08/01109 12:01 _ a.m. j Named Insured Countersigned By: D 8 _I FOOTHILL ELECTRICAL. CONTRACTORS, INC. Name of Person or Organization: CITY OF ARCADIA, ITS OFFICERS 8, EMPLOYEES PC BOX 60021 ARCADIA, CA 91056 INTERIOR I EXTERIOR ELECTRICAL_ PREVENTATIVE MAINTENANCE WORK FOR THE COMMERCIAL eUILDiNGS LOCATED WITHIN THE CITY OF ARCADIA, CA WHC IS AN INSURED (Section Ili is amended to irclude as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of'your worK' for that insured by or for you. The following additional provisions apply to any entity trier is an insured by the terms of this endorsement. 1. Pima Ofd) irg If required by written contract or agreernant: Suet insurance as is afforded oy tnis policy shall be primary insurance, and any insurance or self- insurance maintained by the above additional insured($( shall be excess of the insurance afforded :o the named insured and Stall not contribute to it. 2. Waiver of Svorooafion If required by written contract or agreement; We waive any right of recovery we may have aga,nst an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'your word' done under a contract with that person or organization. 3. Neither the coverages provided by this Insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agentslemployeas. 4 This endorsement does not apply to ary work involving or misted to properties intended for permanent residential or nabitatioml occupancy (other than apartments). The wcrds "you' arc 'your refer to the Named Insured shown ;n the Ceclaratiors, —four work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF -ES 160 (5,2006) • • 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. D & J FOOTHILL ELECTRICAL CONTRACTORS, INC. 2451 FIRST STREET LA VERNE CA 91750 Contractor By:—'y David Lammens Title: President BIC-4 CITY OF ARCADIA 11800 GOLDRING RD ARCADIA CA 91008 -5879 r. L Sc .IOB:2006 -2007 ELECTRICAL PREVENTITIVE MAIM•. CONTRACT This is to certify that we have issued a valid 'Narkers' Compensator) insurance policy In a form approved by the California insurance Ctmmissloner to the employer named beiew for the policy period indicated. This policy Is rot sublect to cancellation by the Fund except upor 20 days advance ~mitten notice to the employer, We will also give you SO days advance notice ahould this policy be cancelled prior to its normal expiration Th!m ceruimste of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement term ar oordition tf any contract or other document with respec, tt which Vim certificate of insurance may be Iscued or To which it may pertain, the insurance afforded by the policy damOribod herein is subject to all the terms, Oxc�lusions, aid ocrndititns, of such policy. JTHOR12B0 ReFKRESETITAT14fj PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - DAVID U LAMMENS P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -11 -2004 Is ' ATTACHEb TO AND FORMS A PART OF THIS POLICY. EMPLOYER 0 & J FOOTHILL ELECTRICAL CONTRACTRS INC DBA: 0 & J FOOTHIL ELCTRCL 01rrRCTRS INC 2451 1ST ST LA YERNE CA $1750 n¢v z•nm PRINiEQ 08-22 C 0107 SC CERTHOLOER COPY STATE COMPENSATION P.O. BOX 420807, SAN RRANCISCO,CA 94142 -0807 INSURANCE FUND ® CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -22 -2007 GROUP; POLICY NUGABER; 1704084 -x1007 CEATIPICATE ID: 40 CERTIFICATE EXPIRE& 07 -!1 -2008 " 07 -11- 2007/07 - 11.2008 CITY OF ARCADIA 11800 GOLDRING RD ARCADIA CA 91008 -5879 r. L Sc .IOB:2006 -2007 ELECTRICAL PREVENTITIVE MAIM•. CONTRACT This is to certify that we have issued a valid 'Narkers' Compensator) insurance policy In a form approved by the California insurance Ctmmissloner to the employer named beiew for the policy period indicated. This policy Is rot sublect to cancellation by the Fund except upor 20 days advance ~mitten notice to the employer, We will also give you SO days advance notice ahould this policy be cancelled prior to its normal expiration Th!m ceruimste of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement term ar oordition tf any contract or other document with respec, tt which Vim certificate of insurance may be Iscued or To which it may pertain, the insurance afforded by the policy damOribod herein is subject to all the terms, Oxc�lusions, aid ocrndititns, of such policy. JTHOR12B0 ReFKRESETITAT14fj PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - DAVID U LAMMENS P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -11 -2004 Is ' ATTACHEb TO AND FORMS A PART OF THIS POLICY. EMPLOYER 0 & J FOOTHILL ELECTRICAL CONTRACTRS INC DBA: 0 & J FOOTHIL ELCTRCL 01rrRCTRS INC 2451 1ST ST LA YERNE CA $1750 n¢v z•nm PRINiEQ 08-22 C 0107 SC AGREEMENT THIS AGREEMENT, made and executed this � day of _, 2006 by and between the City of Arcadia, whose address is 240 W. Huntin on Drive, Arcadia, California, 91007, hereinafter referred to simply as "City ") and D & J Foothill Electrical Contractors, Inc. whose address is 2451 First Street, La Verne, CA 91750 hereinafter referred to simply as "Contractor ". RECITALS A. City has invited bids relative to electrical 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 electrical 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 electrical 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 orpriorto 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 One Hundred Twenty Four Thousand Two Hundred Fifty Dollars and No Cents, $124,250.00. 16 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions setforth 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. 5. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished underthis Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within five (5) calendar days after said notice is given. 7. The City's Public Works Services Director, or his designee, shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, or his designee, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director, or his designee, to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA CONTRACTOR By. idCl D & J Foo it actrical Co tractors Inc. William R. Kelly Date G r City Manager By' e (SEAL) ATT ST: l City Clerk Date APPROVED AS TO FOR C u i Steph n P. Deitsch, City Attorney 17 Dave Lammens, President Title 488549 License No. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFQRNIA } SS COUNTY OF OS e� 2 On 7. 200 6 before me, personally appeared personally known to me PAMELA VEHAWN Q_. COMM. #1696330 m W Notary Pubtic- California W LOS ANGELES COUNTY My Comm. Exp. July 21, 2009 rne'AS NAME(S) OF SIGNER(S) - OR - proved to me on the basis of satisfactory evidence to be the personwhose name ,W Islate(subscribed to the within instrument and acknowledged to me that he /sbe4l#teyexecuted the same in his /lha4t4eir authorized capacityXs), and that by his /heFAhe+r signatureJ,a'f on the instrument the person(s), or the entity upon behalf of which the person(,,, acted, executed the instrument. WITNE, U my hetnd and official eal. SIGNATURE OF 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 1..—CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED or GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT kpeeo.e / 1�enlowwawc e�% iae /mafeee�w I3wvDs TITLE OR TYPE OF DO MENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE