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HomeMy WebLinkAboutC-4386 d R CAlb \ )1(6( a a W J oZ Lc' CITY OF ARCADIA ATTN:PUBLIC WORKS SERVICE DIRECTOR 240 WEST HUNTINGTON DR. P.O.BOX 60021 ARCADIA,CA 91006 Batch Number:12852090 Document Count:1 A. YO o 0 0 0 Opp o 0 0 0 , ' a Nr=ooPI 1 Mime, M 1 O �-co I • is; esee .__* a � _gm m_• a - tea u - aZ =1� pO0 _ Mill 12 .- — C t N =ce c w m o m y Np O qs ui 2 a R a F„ • O .' G .. g N 'i y o ,, l O ��ES W - .- C o .Z Z L. _ mimic N L g iiiii O� 0 L a w fi % 88 ii a go z a cc a Z p m wa' 4 5 g� f t •$ i- m ai £w o Z m 0, as O Nib 0 U fV w i .c a 'yS! a teix a _ `'8fcc aZ @ o¢ i QP< Ew g Y 2,,, N N 0, g �, CJa a'"V KCh AU ? E 1. W o m a c ow a w E. fi J . U a s co oN 643 oy 2 m m w it V. 2' COni = y 1.o g we m ; iV Z m m SAL U G t e K L 3 g o E. 21 5) W3. O Q W E 3a .. 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I J 1' _ 1 00[7. all W .„4- : n t- ' .00° LE:"--;'-'--104aFa .. ..........-, ir----221 \\ (`--.,, 4 La' a w o'() !II ---j--:, 1.1 t __1_ a x,=Thi•--- --1 1 _\ I: 1 ' 1 2'--- IL 1 ...,..„, 0\ zs. 0. m,. , Ea. , 1 , — L.__ t * \ '-------:-------- 1 I . /TT— -----r- 1,-i il il ‘\\,_1_,-- 1 v rage I ' i — I -1w B ,i` . - -ILI' _I 1.,..., I I - I 6 '� Iis r 1 Sin • �' � ii ' 1 ti ‘ 1."4 i ' 1 I f r� � - tom ) '.4 \----1 i 6 �� i r f .moo..7t . 'llII 0 CA 3F6 1)00—&) 0 CONTRACT FOR THE CITY OF ARCADIA iThis CONTRACT, No. 1-4L is made and entered into this _-th day of 11A401 , 202) , by and between City of Arcadia, sometimes hereinafter called "City," and Mission Paving and Sealing, Inc., sometimes hereinafter called "Contractor." IWITNESSETH: That the parties hereto have mutually covenanted and agreed, presents do covenant and agree with each other as follows: g and by these IA. 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 III Documents as specified in Article 5, below, for the following Project: 2020/2021 Annual Slurry Seal Project/ Project No.: 55331021 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 shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall 1 complete all Work required by the Contract Documents within Sixty (60) 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. I 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 FIVE HUNDRED SEVENTY- ONE THOUSAND, SEVEN HUNDRED TWENTY DOLLARS AND NO CENTS ($571,720.00). 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 z; 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.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Contract-2 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA MISSIOAVLAN Fi SE LING, INC. 1 By: By: l _ t Dominic Lazzarett Signature City Manager mug Sweeney ' -sident Print Name and Title Attest: / . 77/tet4 By: ,�— OeftAci By: ;; % City Clerk Signature Mike Miller, Vice President Print Name and Title Approved as to Form: Stephen P. Deitsch City Attorney -- IM Bond No. 5296988 /r i PERFORMANCE BOND , " �� i N ALL PERSONS BY THESE PRESENTS: Arcadia, (hereinafter referred to as "City")has awarded to Mission 'WHEREAS, the City of Arca ,nafter referred to as the „ I I r2 and Sealing, Inc.,Seal(hProject 1 Project No. 55331021, (hereinaftera referred to as the 12021 Annual Slurry Prod act"). work to be performed by the\Contractor is more parte(hereinafter ularly se forth in tII i he :READ, the c Z �, (he ract Documents for the Project dated `� I tract Documents"), the terms and conditions of w ich are expressly incorporated herein by i , ence; and I the Contractor is required by said Contract Documents to perform the terms thereof EREAS, �, to furnish a bond for the faithful performance of said Contract Documents. I iss8 Sealing>Inc. , the undersigned Contractor and VTHEREFORE, we, Mion Paving as Surety, a corporation organized SureTec Insurance Com•an � duly authorized to transact business under the laws of the State ofTHOUSAND,are heldSEVEN j ly bound unto the City in the sum of FIVE HUNDRED SEVENTY-ONE , 1 RED TWENTY DOLLARS AND NO CENTS ($571,720.00fosaid sum amount being not andless thuly VD „, hundred percent(100%)of the total our heirs,amount stand administrators, successors and assigns, , I l e made,we bind ourselves,hese presents. '' tly and severally, firmly by i his or its heirs, 1l 1 E CONDITION OF THIS OBLIGATION oIOass assigns, shall iCH, n all things stand tot, if the oand abide by, and 1, :cutors, administrators, successors � I and truly keep and perform the covenants,therein'ons and provided, on its part, into the keptand currents and any alteration thereof made a respects ng eir foyear rmed at the time and in the manner therein specified, an in all the one (1) cording to their ;nt and meaning; and shall faithfully fulfill all obligations i 9 all materials and workmanship; and shall indemnify and save harmless the City, its offi taen icers, employees, and authorized volunteers, as stiaal be'and remain in fulln said Contract Dforce and effect. ocuments,s obligation shall become null and void; otherwise it sh fore 1I ce amount specified ;apart of the obligation secured hereby andexpenses and feesaddition to the ancluding reasonable attorney's are shall be included costs and reasonableex p Bs, incurred by City in enforcing such obligation. ocuments, unless a condition precedent to the satisfactory cumen s completion abovehe Contract obl obligation shall ho d good for a herwise provided for in the Contract D City, during which time if Contractor ariod of one (1) year after the acceptance of the work by and totally gall fail to make full, complete, and satisfactory reaiaefective and replacements or faulty orkrmanship , a ity from loss or damage resulting from or caused by he obligations of Surety hereunder shall continue so long as any obligation of Contractor , I , :mains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under le Contract, law or equity, including,but not limited to, California Code of Civil Procedure Section i 37.15. HI E BOND - 1 PERFORMANCE ANC it \ 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: i. 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 by 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. iii. 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 performed 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] PERFORMANCE BOND - 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of ; February , 20 21 . :, (Corporate Seal) Mise• : C. in••, Inc. ; C. tra tor/ Prins •- ` By 401011111111 Doug Swz,- e Presiden Title (Corporate Seal) SureTec Insurance Company �•. Surety By Attome -Fact ;I David Noddle • ' 'r• Fl Pit (Attach Attorney-in-Fact Certificate) Title Attorney in Fact The rate of premium on this bond is $9.40/$7.20.$6.00 per thousand. The total amount of premium charges is$ 4,250.00 I' (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) SureTec Insurance Company 3131 Camino Del Rio No., Ste. 1450 San Diego, CA 92108 (Name and Address of Agent or same as above Representative for service of process in California, if different from above) (Telephone number of Surety 619-400-4100 and Agent or Representative for service of process in California) it 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 by both Contractor and Surety. PERFORMANCE BOND-3 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ."ra ce r r.RzO. cztz �t �re .. r z>r •4. Int I State of California 9; il County of LOS ANGELES On 02/16/2021 before me, A VILLA, NOTARY PUBLIC Dale Here Insert Name and Title of the Officer J, personally appeared DOUG SWEENEY Name(s)of Signer(s) I y, I who proved to me on the basis of satisfactory evidence to be the personjta)Nwhose name i ., it subscribed to the within instrument and acknowled ii, { to me that he/she& y executed the same in F his/t�er7tt it authorized capacityjie.�), and that by p� li hisT er( r signatures on the instrument the '' 4 perso►r(4 or the entity upon behalf of which the il' person(s).cted, executed the instrument. P 1� ,� I certify under PENALTY OF PERJURY under the s A. VILLA laws of the State of California that the foregoing , Il a� = Notary Public-California paragraph is true and correct. g` II a Los Angeles County 9; i I. , .:?5,t , Commission#2248025 WITNESS my hand and official seal. t 1 I My Comm.Expires Jul 24,2022 /, ( Signature:/k/4 7/�� 1/ ✓ `(// I ,I Signature: //Place Notary Seal Above 9fenature of Notary Publi r OPTIONAL ,,, Though the information below is not required by law,it may prove valuable to persons relying on the document ii t' and could prevent fraudulent removal and reattachment of this form to another document. y Description of Attached Document Title or Type of Document: I' Document Date: Number of Pages: a1,1 :i i Signer(s)Other Than Named Above: E Capacity(ies)Claimed by Signer(s) '' II Signer's Name: Signer's Name: k II t I' 5 L Corporate Officer—Title(s): L Corporate Officer—Title(s): , , ❑ Individual RIGHT THUMBPRINT G Individual RIGHT THUMBPRINT :I g OF SIGNER OF SIGNER Cl Partner—O Limited L General Top of thumb here ❑Partner—C Limited O General Top of thumb hero 11 ❑ Attorney in Fact ❑Attorney in Fact C Trustee ❑Trustee .1 l , Li Guardian or Conservator ❑Guardian or Conservator ❑ Other: Ci Other: 9�, V' 7 9 Signer Is Representing: Signer Is Representing: :l r, -, •. �-r.n ' • i. _:ri`o-4 kn'a>u7 '6:S��G'c,k; `-0-8 rr.682'SttRSd' "` 4i.I,. ="..- . .' tik:`t%rv-%C3 4S etne•r ,, - 2009 National Notary Association•NationalNotery.ory•7.800-US NOTARY(1.1300-876.6827) Item e5907 i is Ne 1 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 Los Angeles ) FEB 1 6 2023 On before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. Ii WITNESS my hand and official seal. A.BrsoROl NOTARY PUBLIC-CALIFORNIA .; ^ 2 LOS ANGELES COUNTY p gCOM1 ,' MY COMM.EXPIRES MAY 113 2023 ISSION#22571 V4-1,11 c Signature \ 1 (Seal) i 1 f F\ I POA# 510010 JOINT LIMITED POWER OF ATTORNEY ! KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: David Noddle Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which maybe attested or acknowledged'by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 17th day of March ,2020 . SureTec Insurance Company `�SufiANCFO SNCFMarkel Insurance Company 441), (I1) By: 11.7^1171/41 m •., 1 Michael C.Keintig,President t Y %.y '?4+!r4f'' `: Russo,Senior Vice President »� ��2jrrtrnu�ssss� Commonwealth of Virginia County of Henrico SS: On this 17th day of March • 2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said thatthey are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. a�04%4 e e e 4.$ s a IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed`rb, I.SetahhaO Q C ,(fit Henrico,the day and year first above written. O (ZY Po 2 . • MY C • COMMISSION — By: n NUMSF_R Q • O : • • • Donna Donavant,Notary Public : 7083968 •C iZ. My commission expires 1/31/2023 Off•• �� , E We,the undersigned Officers of SureTec Insurance Company and Marker19� ' [Ejv�gBy dQ`herby certify that the original POWER OF ATTORNEY of which the ry foregoing is a full,true and correct copy is still in full force and effect and haShgt+t�etiri r�yokl'd. 7 IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of FEB 1 6 202 Sur- ec Insur- ce C;• pan Markel Insurance Company By M.Br't Beaty,Assistant Secreta' Richard R.Grinnan,Vice President an. .- ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Bond No. 5296988 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 , 'ch 2021, has awarded to Mission Paving and Sealing, Inc. hereinafter designated as the" rincipal," a contract for the work described as follows: 2020/2021 Annual Slurry Seal Project/ Project No. 55331021 (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 SureTec Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of FIVE HUNDRED SEVENTY-ONE THOUSAND, SEVEN HUNDRED TWENTY DOLLARS AND NO CENTS ($571,720.00) 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, I . 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 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 PAYMENT BOND- 1 fraud practiced by any person other than the claimant seeking to recoverpn the bond and that this bond be construed most strongly against the Surety and in favor Walt 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. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of 140, February 2021. (Corporate Seal) Mission Pavin. &S,•a1i Inc. • Contr:ctor/ PrinM gy �► - • Doug Sweenn'` President Title I(Corporate Seal) SureTec Insurance Company Surety By tt ney-in-Fact David Noddle (Attach Attorney-in-Fact Certificate) Title Attorney in Fact Z4; 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 ° by both Contractor and Surety. y�. PAYMENT BOND- 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,r- r ..akFr.F<'v &��:Rcf. "sCSCf..f''P..evrro"f�>:e- �. .. ,.,.r- • -:< State of California 53.,` r'. County of LOS ANGELES ., 9} On 02/16/2021 before me, A VILLA, NOTARY PUBLIC Dale Here Insert Name and Title of the Officer i , personally appeared DOUG SWEENEY g Names)of Signer(s) i SY: who proved to me on the basis of satis#ac ory n ,'• evidence to be the person whose named is/ 4 subscribed to the within instrument and acknowlMiged 55 to me that he/he/,t t executed the same in hiMle..riffiek authorized ca acity(ie ) and that by his/iier/th�vC signatur*Lon the instrument the v perso , ,or the entity upon behalf of which the :, 0 personcted, executed the instrument. S I certify under PENALTY OF PERJURY under the t laws of the State of California that the foregoing t , a. vfLLA paragraph is true and correct. is Notary Public-California ' I` i u t C^ Los Angeles County r. ;° Commission it 2248025 WITNESS my hand and official seal. y` "`°" My Comm.Expires Jul 24,2022 °a a Signature: __� / `.[// / IAA& �,. LPlace Notary Seal Above gnature of Notary 2 OPTIONAL n, Though the information below is not required by law it may prove valuable to persons relying on the document ;, i and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document f Title or Type of Document: ?: A Document Date: Number of Pages: Signer(s)Other Than Named Above: ?' ` Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: { ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual RIGHT IC TTHUMRPRINT U Individual RIGHT THUMBPRINT 9_ 1 OF SIGNER OF SIGNER .� 0 Partner—❑Limited D General Top of thumb here ❑Partner—iD Limited O General Top of thumb here a & ❑ Attorney in Fact ❑Attorney in Fact ''',t ❑ Trustee ❑Trustee ❑ Guardian or Conservator G Guardian or Conservator 4" r ❑ Other: CI Other: ' A 1 Signer Is Representing: Signer Is Representing: v .t , csa- c° n�c� .c. s o s .s . �•- . ,,,•- sem_.•.v_„,.__ 0 2009 National Notary Association•NationalNofary.org•1.800-US NOTARY(1.800.878.6827) Item#607 - r Vii.; II F�y� • 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 Los Angeles ) FEB 16 201 A. Bisordi, Nota Public On before me, N (insert name and title of the officer) personally appeared David Noddle 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. iu .BISORDI WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY .A," < COMMISSION#2285731 \ 4ri ►- IMY COMM.EXPIRES MAY 11,2023 a„„»' Signature N (Seal) POA# 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: David Noddle Their true and lawful agent(s)and attorney(sj-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 17th day of March ,2020 . SureTec Insurance Company ri7 Markel Insu ince Company \x, •••:?,-- --z.0 .zz.....-,..-0047:,.. ---; „:,,,,,,,/ iy 2 �48y. /if II Michael C.Keimig,President ) :::Y By T712240.4./PC-44 Kit:N.:4'1 •' 1 f %P '?SRt? '' R in Russo,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this 17th day of March . 2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said thatthey are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. 0%%e e e r r.1*,,, IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mvaft) I S aihhat tge t 1 1typf Henrico,the day and year first above written. O: ••,(,PRY Po6 • .-A Ok . :� MY n•: COMMISSION By: i' __ .1 • n • NUMBFR • Q 0 .. ;, ' Donna Donavant,Notary Public " 'ii '. 7063968 •.•C�+ My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Markel7r s rrrafiy c ' erby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and haShgt+la5 c ayoktd. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of FEB 1 6 20L1 Sur- ec Insur- ce C. pan ' Markel Insurance Company B 1 Y C M.Bret Beaty,Assistant Secrete' Richard R.Grinnan,Vice President an�ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and S:00 PM CST. r. L Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Friday, March 5, 2021 4:02 PM To: Rachelle Arellano Subject: RE: City Attorney Review - March 2, 2021 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 Mission Paving and Sealing, Inc., regarding the 2020/2021 annual slurry seal 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 4-Q' ay at home and public health orders issued in multiple counties across the US. require our offices to be closed. 8ecat e all staff are working ramotel/, all documents(including cc respondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this pe,-i()(1 of mer ole, se 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 LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano <rarellano@arcadiaca.gov> Sent: Friday, March 5, 2021 8:40 AM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Cc:Arcadia City Clerk<CityClerk@arcadiaca.gov> Subject: FW: City Attorney Review- March 2, 2021 CAUTION - EXTERNAL SENDER. H i Steve, Just checking in to see if you have had a chance to review the closed session memo included in the attached zip folder. We will be sending out the Council packets today, and would like to include the closed session memo, if possible. Thank you, 1