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HomeMy WebLinkAboutC-4371 C-4311 e{ao...w CONTRACT FOR THE CITY OF ARCADIA This CONTRACT, No. X1371 is made and entered into this I ' - day of bor ,rn)rr, 2020, by and between City of Arcadia, sometimes hereinafter called "City," and Faze 1 Corp. dba Premier Pipe, Inc., sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: A. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: ANNUAL SEWER CCTV INSPECTION PROJECT NO. 86332121 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. B. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of FORTY THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($40,800.00). Payment shall be made as set forth in the General Conditions. D. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Special Conditions, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. E. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Contract- 1 Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. F. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. G. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. H. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at dir.ca.qov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 1 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. ' CITY OF ARCADIA FAZE 1 COR". db• PREMIER PIPE, INC. By: ' -l-41111r011� By: Dominic Lazzaretto i igna' (- City Manager �;�.a.._, S 1' - Prin ame and Title Attest: r By: _ A.51 sfarrk 11111M4 City Clerk ' Si:, .. e •.V J Lei.. 'rin Name and Title Approved as to Form: Stephen P. Deitsch City Attorney j Contract-3 THE FINAL PREMIUM IS This bond was issued in three (3) PREDICATED ON THE Bond No. 024246805 FINAL CONTRACT AMOUNT original counterparts Premium:$1,020.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia, (hereinafter referred to as "City") has awarded to Faze 1 Corp. dba Premier Pipe, Inc., (hereinafter referred to as the"Contractor") an agreement for the 2020-21 Annual Sewer CCTV Inspection Project!Project No. 86332121, (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated P ,. v 1, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Faze 1 Corp DBA Premier Pipe the undersigned Contractor and The Ohio Casualty Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of FORTY THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($40,800.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. PERFORMANCE BOND- 1 I Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination byI l Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term 'balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. fill. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performe thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. I ;, [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] pf ii PERFORMANCE BOND-2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th September , 2020. day of (Corporate Seal) Faze 1 Corp DBA Premier Pipe Contra, o By � Title r_ .. � �,. ,►�L c r Il • (Corporate Seal) The Ohio Casualty Insurance Company Surety it ByAll10 Daniel Huckabay,Attomey-in-F_ (Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact The rate of premium on this bond is $25.00 per thousand. The total amount of premium charges is $1,020.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM I Any claims under this bond may be addressed to: !I (Name and Address of Surety) The Ohio Casualty Insurance Company 790 The City Drive ou ui a ii Oran e, CA 9286 (Name and Address of Agent or Commercial Surety Bond Agency Representative for service of1411 s in California, if different O , 92 Tom a CA Batavia St., Sui e rangea turn above) Telephone number of Surety Surety: (714)937-1400/Agent: (714) 516-1232 Ind Agent or Representative for iervice of process in California) f a IOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution ty both Contractor and Surety. Please See Attached PERFORMANCE BOND-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ''! L. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. i State of California } !' County of (, 9 A-1/c,y2ZIA-- } 1j il. On0� -a) - �O)-t) before me, �I10� 11 5 . C Nio-"Th / 12vv11 c- (Here insert nameind title of the offLe r) ________, personally appeared _ jQ A 4)4,...._who proved to me on the sis of satisfactory evidence to be the person(x1whose namecare subscribed to the within instrument and acknowledged to me that 1I ?she/they executed the same in cher/their authorized capacity(j), and that by IQher/their signature(9on the instrument the person( i', or the entity upon behalf of which the person(p§ 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. ��: .N'�O Pt'I s.ORA f WITNESS my hand and official seal. Commission No.23g2053 I F. *• NOTARY PU LIC•CALIFORNIA i iL,.1'-'fit, /' LOS ANGELES COUNTY ` - My Coma. Expiry}Frib. 22,Yom it Notary blic Signatur (Notary Public Seal) • . 11 ii ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long i as the wording does not require the California notary to violate California notary €AA4A= r-YYka law. (Title or de cription of attached document) • State and County information must be the State and County where the document I j signer(s)personally appeared before the notary public for acknowledgment. li I • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document DateD / ' `''0 commission followed by a comma and then your title(notary public). i • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 14e/she/the);is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. I' Impression must not cover text or lines. If seal impression smudges,re-seal if a i (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of jl the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this I Ii ' ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other . Indicate title or type of attached document,number of pages and date. ••. Indicate the capacity claimed by the signer. If the claimed capacity is a ti corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 1,', 15 Version�w't.v.'t lt�taryL lasses corn SW-873-9865 • Securely attach this document to the signed document with a staple. II i I! it ACKNOWLEDGMENT u.; A notary public or other officer completing this certificate verifies only the identity of the individual , who signed the document to which this certificate is P; attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange li I On 09/28/2020 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Daniel Huckabay '' 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 I, 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 jI paragraph is true and correct. it WITNESS my hand and official seal. MELISSA ANN 4 ! I� COMM.#22413943 N Notary Public-California ONGE Ca My Comm.RAExpires OUNTY May 12,2022 Signature e • • •(Seal) Melissa Ann Vaccaro 11 11, III' i �! � II ' I! I Ili ,I, ,� This Power of Attorney limits the acts of those named herein,and they have no authority to ^ bind the Company except in the manner and to the extent herein stated. 1.'4, Bond No.024246805 f Libe,�j,', �TT Liberty Mutual Insurance Company 1/► , Mutual. The Ohio Casualty Insurance Company Certificate No: 8202806-969561 I West American Insurance Company SURETY POWER OF ATTORNEY I' KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that i1 Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized l i! under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, f Arturo Ayala,Daniel Huckabay,Frank Morones,R.Nappi,Dwight Reilly,Shaunna Rozelle Ostrom,Ben Stong,Michael D.Stong HIE I' all of the city of Orange state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if theyhave been dulysigned bythe president and attested bythe secretaryof the Companies in their own proper 9 P P P persons. • IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of December , 2019 . I — _ _ Liberty Mutual Insurance Company P,tNSO AyZY INS4 1NStlR4 The Ohio Casualty Insurance Company j, II...)0, mn°Of�rF�p � F�?•:‘ �'�Coa9Q't.rF yn West American Insurance Company '!j 4 eto 3 o q3 ofi a)1912 0 1919 „ 1991 n i rrs° �3Os � 4.. o a> j 4/7";.cote yj �c>+s { �ae+°sa .ed, 41atw%r +g) * ).-1- zl � 3M * a By: u) b ,i David M.Carey,Assistant Secretary .a j State of PENNSYLVANIA c n County of MONTGOMERY ss CO it ) On this 31st dayof December , 2019 before me personallyappeared David M.Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance o � PP 9 i Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes (.4 7 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c fl- iI o I .o ) ,AP A,3 f , I � r4' COMMONWEALTH OF PENNSYLVANIA Q 4a4 uyra v .5 i c I" Notarial Seal .tL,. //' O C OF Teresa Pasteila.Notary Public �r�� N co Upper Merlon Twp..Montgomery County By: E �v,,^ My Commission Expires Minch 28.2021 eresa Pastella,Notary Public 0 CO I; 4$ M•enb•r Penna n,a Auso anon of Nnt �e• d O it l This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual c c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o m m '? ARTICLE IV—OFFICERS:Section 12.Power of Attorney. S Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the' � President may prescribe,shall appoint such attomeys-in-fact,as may be necessaryseal,acknowledge act in behalf of the Corporation to make,execute, kledge and deliver as surety >o 5 any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall.w i have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such E N ) instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the ',4„,,..,00i� provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o oi ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o c Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,H i' — shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. j Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- , fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. ' 14 Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the j Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with II ' the same force and effect as though manually affixed. , .. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company do I, t hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and lhas not been revoked. i „a INN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th day of September , 2020 . 11 I ki tNSU� �SY 1NaU WSW?, e-ofu.04,7�0 �.)1”a"o,t,'r% icy-_,,,POR'r 'kc+ y I I 3 "o 2 Q3 °on � 3 tfi l� /_c I 1912 �1 0 1919 1991 10 t�+ II i .5. n s g r rd��'4eztuda =oytNPg�`aa r, Axa Y Renee C.Llewellyn,Assistant Secretary Or, * )„.V. yl*yt► a�,y * I,t� 64 i1II ~`1+IS-12873 LMIC OCIC WAIC Multi Co_12119 1 i. THE FINAL PREMIUM IS This bond was issued in three (3) PREDICATED ON THE Bond No. 024246805 FINAL CONTRACT AMOUNT original counterparts PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the "City"), by action taken or a resolution passed Soic rilz r �c2..W.."0 has awarded to Faze 1 Corp. dba Premier Pipe, inc. hereinafter designated as the "Principal," a contract for the work described as follows: 2020-21 Annual Sewer CCTV inspection Project/Project No. 86332121 (the Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of FORTY THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($40,800.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will,pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any ir scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that PAYMENT BOND- 1 it I li • this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. Bysignatures ,their Surety and Principal hereby confirm under penaltyof surety is an admitted surety insurer authorized to do business in the State of California,0ury that IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th September 2020 day of (Corporate Seal) Faze 1 Corp DBA Premier Pipe Contract. Princ-._I By . 7 I , Title t `4, war r--r ' -CLI-Cu-r1 (Corporate Seal) The Ohio Casualty Insurance Company / Surety By Daniel Huckabay, Attomey-in-Fact (Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution I �� by both Contractor and Surety. ' i x Please See Attached PAYMENT BOND-2 { CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of / 0, A } On - - o before me, Z1O S S , Ci I�►�vk ) � ik`u Pv1P1" 1 In (Heirs insert name and title of the offs 4r) ' personally appeared M,c4\04_ Ask �c� - P Y PP � � who proved to me on the basis of satisfactory evidence to be the personctil whose namej)'lare subscribed to the within instrument and acknowledged to me that Yshe/they executed the same in Ihs her/their authorized capacity(j86), and that by h 1her/their signatures on the instrument the person( (;`or the entity upon behalf of which the person(') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,,. JNOSEPH S. GIM +.t Commission No.2322053 WITNESS myhand nd official seal. _' NOTARY PUBLIC-CALIFORNIA +f•�!q /i' LOS ANGELES COUNTY 451311\ Ny Comm. Expires Feb 22,2024 Notary Public Signature (Notary Public Seal) • • ' I INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law (T'le or escription of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages , Document Date 6//- ,/).° commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. , ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document,number of pages and date. ❑ Other 4. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version w^rw.NotaryClasses.con?800-873-9865 • Securely attach this document to the signed document with a staple. 1' V► 1� ;1. l ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California i County of Orange ) . On 09/28/2020 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Daniel Huckabay , 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. MELISSA ANN VACCARO WITNESS my hand and official seal. COMM.#22413or r J N __ s: ��,,�� Notary Public-California LL ORANGE COUNTY •, My Comm.Expires May 12,2022 � `�\ ''�Ur�GSL�t�(Seal) "------------^------ Signature moo* Melissa Ann Vaccaro • i This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Bond No.024246805 .`�` Lisberty Liberty Mutual Insurance Company P.' Mutual. The Ohio Casualty Insurance Company Certificate No: 8202806-969561 West American Insurance Company SURETY POWER OF ATTORNEY OWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that arty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized � ler the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, 1 uro Ayala,Daniel Huckabay,Frank Morones,R.Nappi,Dwight Reilly,Shaunna Rozelle Ostrom,Ben Stong,Michael D.Stong I I 1 the city of Orange state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, acute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance hese presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper sons. II WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed reto this 31st day of December , 2019 . Liberty Mutual Insurance Company , \NSU4, 11 INs, N%NSUkg The Ohio Casualty Insurance Company >, .."ofpoa,,.4'�t, yam`000p,,A coq�ePoP/4,. +, West American Insurance Company co 3 t 43 Io : a3 ofi Ts;ri 12 ; ' 1915 . 0 s 1591 a 4/74 Z 0 3• ° rrAMPS.' .a�,� ', INDIA%p' Ab3�1 * 0 441 * Is* By: „..-7---- 2 I David M.Carey,Assistant Secretary > to of PENNSYLVANIA c i inty of MONTGOMERY ss as this 31st day of December , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance _H npany,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes al-U Cl) rein contained by signing on behalf of the corporations by himself as a duly authorized officer. T WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c CL 0o Pym ,nNK,F�� COMMONWEALTH OF PENNSYLVANIA Q f �� ��,I.y Wane!Seal !!//11rI / O-C Teresa Pastella,Notary Public y�;G%���p Cf Upper Merlon Twp..MarrtgomeryCounty By: lfif� •G(�& a) E u. ,yv0` My c e rseen sores March 28.2021 eresa Pastella,Notary Public a �' Mender.Penn*5 van+a Asaocio9on of NownH O 1E ai 4RYP 0)CD s Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual urance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: O ami ARTICLE IV-OFFICERS:Section 12.Power of Attorney. a Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall_c ccisl. have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such E N instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the,� provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Uo co Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, H,— shall shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. rtificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- III t as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety igations. I rthorization-By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the mpany,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with �\ i same force and effect as though manually affixed. enee C.Uewellyn,the undersigned,Assistant Secretary,The Ohio CasualtyInsurance Company,LibertyMutual Insurance Company,and West American Insurance Company do reby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and s not been revoked. TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th day of September . 2020 • PN''NSU'Q4 P01 INBoj+ ‘NSU „ `o*Po� y0 �J`oRPo'2sr SVP`oaroggr +�0. .+� 3 ?`0o sn c Z Pon .F °o -to e"'� j 1912 0 1919 1891 Lbsi7Lr/�L -'�` By: VIAc 1 ya =d��AIO- 4,,- s AVIA.O. 4,1:, Renee C.Llewellyn,Assistant Secretary IS-12873 LMIC OCIC WAIC Multi Co 12/19 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, November 24, 2020 3:52 PM To: Rachelle Arellano Subject: RE: City Attorney review - November 24, 2020 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Rachelle, I have reviewed and approve as to form the contract with Faze 1 Corp. re annual CCTV sewer inspection project. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com El - Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents(including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger!!P attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, November 24, 2020 11:19 AM To: Stephen Deitsch Cc: City Attorney Subject: City Attorney review - November 24, 2020 CAUTION - EXTERNAL SENDER. Hi Steve, Attached for your review is a zip folder containing the following items: 1. Covenant — 300 E. Lemon 2. Covenant — 948 Paloma Drive 3. Amendment No. 2 — PSA — Video Production 4. Amendment No. 4 — Janitorial & Porter Services 5. Contract— Annual Sewer CCT Inspection Project 1