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HomeMy WebLinkAboutC-4388 CONTRACT FOR THE CITY OF ARCADIA This CONTRACT, No."\175% is made and entered into this day of I'rCill /CZ) , by and between City of Arcadia, sometimes hereinafter called "City," and Superior Pavement Markings, 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: STREET STRIPING & PAVEMENT MARKING SERVICES 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 one year from the date of execution. 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 I Documents, and including all applicable taxes and costs, the sum of ONE HUNDRED TWENTY- FIVE THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND NO CENTS ($125,645.00). 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] I I I Contract - 9 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA SUPERIOR PAVEMENT MARKINGS, INC. e- By. i By: J � Dominic Lazzarett Si nature `, City Manager Udr A ` J Z Print Name and Title Attest: dikA )11/ By: t By: Agity Clerk Signature Q ( CAcccc \1P Print Name and Title Approved as to Form: 444, P Stephen P. Deitsch City Attorney •I I I Contract-3 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,mt/t;,t!wt!n<lLr.�v.HN'. �C.wt.s�Ys�tt� t..-�<vi+.'s�N.at!a<!�N.ci <!�t;i{!.vt✓L�<lw..a.� t:s� aywN.s..tlwNat_a<l�t!vt_cit!c�tc�C �t!a.s>. 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 San Bernardino On 02-23-21 before me, Earl Smith, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darren Veltz & Robert Garcia Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that XertOtexthey executed the same in 00 (their authorized capacity(ies),and that bytheir 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. „a EARL SMITH WITNESS my hand and official seal. Notary Public-California Z `+ f Riverside County / Commission x 2291559 My Comm.Expires Jul 1,2023 Signature —�� Signa ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): 17 Partner — Limited = General Partner — Limited 11 General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator =Trustee Guardian or Conservator Other: = Other: Signer Is Representing: Signer Is Representing: L,4��d' '4\?14'<r, ..."4•&'' •WVtJer e"'ar.-,v4\b-.s�6`a+�4_avqN4\er...- .y4,. ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Executed in Triplicate PERFORMANCE BOND Bond No. 5940448 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia, (hereinafter referred to as "City") has awarded to Superior Pavement Markings, Inc., (hereinafter referred to as the "Contractor") an agreement for Street Striping and Pavement Marking Services, (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is m re particularly set forth in the Contract Documents for the Project dated r�('c.�1 . �z� , (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,Superior Pavement Markings, Inc. the undersigned Contractor and Old Republic Surety 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 ONE HUNDRED TWENTY-FIVE THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND NO CENTS ($125,645.00), 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, If 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. =fir PERFORMANCE BOND - 1 Whenever Contractor shall be, and is declared by the City to be, in defatlt 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 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 22nd day of February , 20 21 . (Corporate Seal) Superior Pavement Markings, Inc. Contract al By `' 7 Title e � j;. (Corporate Seal) Old Republic Surety Company Surety By ttorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Scott Salandi The rate of premium on this bond is N/A per thousand. The total amount of premium charges is $ N/A (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) Old Republic Surety Company, 14728 Pipeline Avenue,Suite E,Chino Hills,CA 91709 (909)367-2015 (Name and Address of Agent or Patriot Risk&Insurance Services LLC Representative for service of 2415 Campus Drive,Suite 200, Irvine,CA 92612 process in California, if different 949-486-7917 from above) (Telephone number of Surety See above and Agent or Representative for service of process in California) 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 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 Orange On v �� before me, Annette Lisa Romero, A Notary Public (insert name and title of the officer) personally appeared Scott Salandi who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/sksittaty executed the same in his/btextek authorized capacity(ies), and that by his/btexttbtek 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. 11.4. NETTE A WITNESS myhand and official seal. , ,a A COMM #2244076MEROI� � "�`, COMM.# • _ + NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY " it My tomo.expires May.26,2022 It Signature ld 41 'At , 1_,1/: /44 .ar (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �., • • • • • - 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 San Bernardino On March 2nd, 2021 before me, Lorena B. Berumen-Notary Public Date Here Insert Name and Title of the Officer personally appeared Darren Veltz Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(X whose name(( is/arX subscribed to the within instrument and acknowledged to me that he/sWth i executed the same in his/lam/th 'r authorized capacity(iK,and that by his/ter/their signature() on the instrument the person( or the entity upon behalf of which the personX 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. .'■'•..,� LORENAB.BERUMEN WITNESS my han nd official seal. ;'� Notary Public-California 'r Orange County Commission#2196341 '^ ' My Comm,Expires Jun 6,2021 SignatureL-� Signature of Notary Public Lorena B. Berumen-Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond for City of Arcadia Document Date: February 22nd,2021 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact El Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator El Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Su•erior Pavement Markin•s Inc. 1 02015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Executed in Triplicate "Bond No. 5940448 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 'Ckii Lt has awarded to Superior Pavement Markings, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Street Striping and Pavement Marking Services (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 Old Republic Surety Company as Surety, are held and firmly bound unto the City in the penal sum of ONE HUNDRED TWENTY-FIVE THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND NO CENTS ($125,645.00) 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, f. 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 • 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 recover on the bond and that 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. 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 22nd day of February , 2021. (Corporate Seal) Superior Pavement Markings, Inc. Contracto ' al By Title 0,-r0 (Corporate Seal) Old Republic Surety Company Surety By < •, act (Attach Attorney-in-Fact Certificate) Title Scott Salandi 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. } PAYMENT BOND - 2 1 I I r / ,',4*' -+. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 cc -:c v,/ c •(.. .ls c .mac ..,/T./-.. .!.a,, :c!�r! zc .�¢�.�. t�.� ..-...l�.c!aeia.�c eic�tlw,i t,r, lac, ¢l-. is�.,. : 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 San Bernardino ) On March 2nd, 2021 before me, Lorena B. Berumen-Notary Public Date Here Insert Name and Title of the Officer personally appeared Darren Veltz Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person()); whose name is/arX subscribed to the within instrument and acknowledged to me that he/sem/th>fi executed the same in his/t1/thpt authorized capacity(it ),and that by his/Ijr/their signature(yon the instrument the person() or the entity upon behalf of which the personX 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. , ,,!+,..,. LORENA B.BERUMEN WITNESS my hand d official seal. s Notary Public-California z `' Orange County ' .4� i Commission#2196341 �n""' - My Comm.Expires Jun 6,2021 Signature C'Gtt.c- da --B• .52014---- Signature of Notary Public Lorena B. Berumen-Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond(Labor&Materials)for City of Arcadia Document Date: February 22nd,2021 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee ❑Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: Superior Pavement Markings Inc. Lti,4�,S&44.✓4\y4L:4.✓,4�'✓,L, ,4SL.4.✓i,.:4 ,L.✓, 4�;,-/4'✓4'✓4gA4�4�4.✓,4.✓,L�4.✓i,Z,S;4.&,,414��4.,,, 4.✓,S,v , ,4.✓tiL.✓,4_ ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 validi of that document. State of California County of Orange On ( before me, Annette Lisa Romero, A Notary Public (insert name and title of the officer) personally appeared Scott Salandi who proved to me on the basis of satisfactory evidence to be theperson(s)_._ subscribed to the within instrument and acknowledged to me that / whose name(s) is/ams his/buex/.tivisk authorized capacity(iee), and that by his/ x1J k signature(*) executed instrumentutthe same in person(s), or the entity upon behalf of which the g to on the the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the for paragraph is true and correct. foregoing WITNESS my hand and official seal. ANNETTE LISA ROMERO cy ari`'l COMM.#2244076 �t r NOTARY PUBLIC CALIFORNIA 5 �to, ORANGE COUNTY N My COM e.paes May.25,2422 It Signature �/ 4_,0 . __ - __ _ - _ - ,� - _— • "caw /. 1 (seat) **** OLD REPUBLIC SURETY COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insuranebtorporation,does make,constitute and ippoint: ,r SCOTT SALANDI,DAVID JACOBSON,OF IRVINE,CA is true and lawful Attorney(s)-in-Fact,with full power and authority, for and on behalf of the company as surety,to execute and deliverand affix the cal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof, (other than bail bonds,bank lepository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers ompensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS nd to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. Chis appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and caled by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on ebruary 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned andsealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be Yixed this 30TH day of DECEMBER,2020: OLD REPUBLIC SURETY COMPANY • a CI1b6iY♦ 44'I Assistant Secretary SEAL' .► 3,0 'q, T TATE OF WISCONSIN,COUNTY OF WAUKESHA-SS � " President On this 30TH day of DECEMBER,2020 personally came before me, Alan Pavlic and I' Karen I Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 4,4 Awl } { E tit' NOtary Pubk *• ...,. My commission expires: 9/28/2022 ERTIFICATE (Expiration of notary commission does not invalidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in e. t 74-0043 ir� ,:c.0*` sveitrY.,� Signed and sealed at the City of Brookfield,WI this day of ,. . ,lova..,, % kk tz Y Assistant Secretary * PATRIOT RISK&INSUR SERVICES POAORS 102020 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Wednesday, March 24, 2021 4:43 PM To: Rachelle Arellano Subject: RE: City Attorney Review - March 16, 2021 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Thanks Rachelle. I have reviewed and approve as to form the Street Striping Project Agreement with Superior Pavement Markings, Inc. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com 1:(909)483-6642 C:(951)662-9343 www.BBKlaw.com EvQ 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 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: Wednesday, March 24, 2021 3:54 PM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Subject: FW: City Attorney Review- March 16, 2021 CAUTION EXTERNAL SEDER 0 Hi Steve, I was just going through pending City Attorney items and the attached Contract for Street Striping has not yet been reviewed. Please review and advise if this contract is okay to process. Thank you, 1