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HomeMy WebLinkAboutC-4390 CONTRACT FOR THE CITY OF ARCADIA This CONTRACT, No. ` is made and entered into this ' day of Q \, 1) , by and between City of Arcadia, sometimes hereinafter called "City," and VASILJ, 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: Miscellaneous Sewer Main Repair Project Project No: 33861221 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 45 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 SIXTY-NINE THOUSAND DOLLARS AND NO CENTS ($69,000.00). 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 Contract- 1 F 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 Los Angeles } On o3/ /o( ao at before me, Todd Burleson, Notary Public (Here insert name and title of the officer) personally appeared Ivan Vasilj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) Is re subscribed to the within instrument and acknowledged to me that # P.he/they executed the same inagD er/their authorized capacity(ies), and that by +lit er/their signature() on the instrument the person(-s-), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . '�•.WITNESS my hand and official seal. 1T0000N1"_,,, :• Commission No. 2236491 " :"a; NOTARY PUBLIC-CALIFORNIA � LOS ANGELES COUNTY •ZNe••`' My Comm.Expires MARCH 31,2022 No a ublic Signat (Notary Public Seal) • 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 as the wording does not require the California notary to violate California notary law. (Title or description 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 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. lie/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. El 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 ptimits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of 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. 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 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryCiasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. r 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 Los Angeles } On 0 y /0( 1,61-1 before me, Todd Burleson, Notary Public (Here insert name and title of the officer) personally appeared Josip Vasilj who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s-) Is re subscribed to the within instrument and acknowledged to me that CO.he/they executed the same in iii er/their authorized capacity(ie-s), and that by Vit er/their signature() on the instrument the person(-s-), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official seal. .• w:'w • TODD BURLESON -ss--1 Commission No. 2236491 A lx. • NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY -4 '• My comm.Expires MARCH 31,2022 Nota blic Signature (Notary Public Seal) 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 as the wording does not require the California notary to violate California notary law. (Title or description 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 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/ace)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. 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 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. Bond#,x%665325 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia, (hereinafter referred to as "City") has awarded to Vasilj, Inc. , (hereinafter referred to as the"Contractor")an agreement for the Miscellaneous Sewer Main Repair Project No: 33861221 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contr ctor is more particularly set forth in the Contract Documents for the Project dated '�� `2O2\ , (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, Vasilj, Inc. , the undersigned Contractor and Fidelity and Deposit Company of Maryland 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 Sixty Nine Thousand & 00/100 DOLLARS, ($ 69,000.00 ), 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 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 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 s4_ IN WITNESS WHEREOF, we have hereunto set our hands and sea"is this 9th day of March , 2021. (Corporate Seal) Vasi j Contractor/Principal By „„),�,J , �v /42 q Title C-- z:2 (Corporate Seal) Fidelity and Deposit Company of Maryland ;.3 Surety .„%..4,_ By Attorney-in-Fact Frank Morones (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is $11.00 per thousand. The total amount of premium charges is $ 759.00 (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) Zurich American Insurance Co. 1299 Zurich Way, Schaumburg, IL 60196 (Name and Address of Agent or Commercial Surety Bond Agency Representative for service of 1411 N Ratavia St #201 process in California, if different Orange, CA 92867 from above) (Telephone number of Surety Surety (213)270-0600 Agent (714) 516-1232 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 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 Los Angeles } On O , /io/Qo o2( before me, Todd Burleson, Notary Public (Here insert name and title of the officer) personally appeared Ivan Vasilj who proved to me on the basis of satisfactory evidence to be the person(e-) whose name(&) Is re subscribed to the within instrument and acknowledged to me that 40-he/they executed the same in 4.4D er/their authorized capacity(ies), and that by 44111, er/their signature(s) on the instrument the person(), 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. 4. TODD BURLESON WITNESS myhand and official seal. 1 ..�s,,.. Commission No. 2236491 My_ -✓ � NOTARY PUBLIC-CALIFORNIA N. LOS ANGELES COUNTY •ui=•`• Comm.Expires MARCH 31,2022 Nota Public SigSAAature (Notary Public Seal) • 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. (Title or description of attached document) • State and County information must be the State and County where the document li 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 notarypublic must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notarypublic). • 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. El 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) lti= 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. 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 r`'< corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryClasses.corn 800-873-9865 • Securely attach this document to the signed document with a staple. • . CALIFORNIA ALL.;PURPOSE ACKNOWLEDGMENT CML CODE§1189 tc4...- s.T:a,m,k.tt;-r-x,,E--xk,..twr.,,,xv=cuc&cttckt,.c.oa0000c<:,a.<, xsAoot;.=?xia,,zgk 'i'acahcrk I , — A notary oubiic 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 _3 _9_,/),,i_ before me, L. Clark, Notary Public Date Here insert Name and Title of the Officer personally appeared Frank Morones Name(s)of Signer(s) 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/site/they executed the same in his/her/their authorized capacity(icc),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. i .,,„ plu.6CuLAc.RcaK tifornia a lliKt,..t Notary Signature i "7,1-Z-,774,.._:7:: Los Angeles County V-41:';./V. Commission#2336730 Signature of Notary Public 400-1, My Comm.Expires Nov 28,2024 Place Notary Seal Above -- -- -------OPTIONAL Though this section is optional, completing this information can deter alteration of the document or .., t). 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ...,-: __________ Corporate Officer — Title(s): _ 1-1 Corporate Officer -- Title(s); Partner — .:-_; Limited :...i General i'17 Partner — LI:Limited .:11i General Individual ',...i Attorney in Fact 'I.]Individual .:_.i Attorney in Fact LI:Trustee 1-,Guardian or Conservator -±:Trustee r_:. Guardian or Conservator .7 Other: _ * -:: Other: ...._____ --- . . Signer Is Representing: _. Signer Is Representing: _ isK.2,,,viem.v.k,..—r...i,:•vcpci. ...mr..--,ww7..._.170,,t-x„....v.('„iimi°vm,i-ac-mr,.-vi-gcs-awc,4. ,:,,,T•iw ...._ ---°.° -- . - 'Sr-''`..MV:aiVagar.:=7:,'_Wg.•.57g,U Y..41. 9. --, ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) item#5907 ...- '' : Bond No.7665325 ZURICH AMERICAN INSURANCE COMPANY 1'. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND w POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R.NAPPI,all of Orange,California,EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January,A.D.2020. 9 EP 0, 00p,044 $ �_ ®3 SEAL I. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By:Robert D.Murray Vice President • By:Dawn E.Brown Secretary State of Maryland County of Baltimore On this 15th day of January,A.D.2020,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and t who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said • L officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said {i Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. odu mkt" ar fit;st"Y ro `?#t»S" 'S Constance A.Dunn,Notary Public �na3a�i'*` My Commission Expires:July 9,2023 ttrr���w�tti ;_ 4, EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact.The Chief Executive Officer,the President,or any Executives *lrPresident or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I the undersigned, ecce Secretary S t of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By- , Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on theCompany." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. r RESOLVED:"That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. is IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9th _day of March , 2021 'por,, � v ti c I -94 1,5 te§7 By: Brian M.Hodges Vice President [Il ,s. TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: ; Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 2 www.reportsiclaims@zurichna.com 800-626-4577 Bond#7665325 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Ci of Arcadia (hereinafter designated as the "City"), by action taken or a resolution passed `�\ , 2021, has awarded to Vasil, Inc. Vasilj, designated as the "Principal," a contract for the work described as follows: Miscellaneous Sewer Main Repair Project, Project No: 33861221 (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 Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ 69,000.00 ) 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. *Sixty Nine Thousand & 00/100 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 11 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 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 II fraud practiced by any person other than the claimant seeking to recover;-dri 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 9th day of March , 2021. (Corporate Seal) Vasig, Inc. Contractor/ Principal By Edi /✓ � /4T Title (Corporate Seal) Fidelity and Deposit Company of Maryland Surety By Attorney-in-Fact Frank Morones (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 by both Contractor and Surety. PAYMENT BOND - 2 t II 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. I State of California } County of Los Angeles } On c /I I, (O02/ before me, Todd Burleson, Notary Public (Here insert name and title of the officer) , personally appeared Ivan Vasilj who proved to me on the basis of satisfactory evidence to be the persons) whose name(e)Ctere subscribed to the within instrument and acknowledged to me that 410'.he/they executed the same in air er/their authorized capacity(ies), and that by ullltr er/their signature(e) on the instrument the person(-s-), or the entity upon behalf of i which the person(s) acted, executed the instrument. I: I certify under PENALTY OF PERJURY under the laws of the State of California that !� the foregoing paragraph is true and correct. `�`�! • TODD BURLESON ,I WITNESS my hand and official seal. .'7 •�. ./ — Commission No. 2236491 : C,• NOTARY PUBLIC-CALIFORNIA g C. LOS ANGELES COUNTY AI/ '!n.00 My Comm.Expires MARCH 31.2022 tary Pubis Signa ure (Notary Public Seal) • '1I 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. (Title or description 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. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which 1 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 III Number of Pages Document Date 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 Ij notarization. L CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual (s) he/she/they, is tare)or circling the correct forms.Failure to correctly indicate this 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. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this o 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 r corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. 11 fI �, – _ _-- IIF -,,,: ,_--1,, .7-2 4i ',2'•*-: I I--; 1 c.- 1 1 z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 11$9 Y.,;,-osi.v.k..ecm..cx-,w,.4-- --„tige,;is-. -; .--.-.,i,,,,-;;,, ,Kzr.av,,t: „•-tf•dbr.&-r-..,,,,,-,....r,..,--4-.,,i,c ,:.,... ',at, '..-,r.._iN.,.i.... - ,--- INA: 1 ' 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 I i On 3 r---2:-/- before me, 1aL. Clark, Notary Public ate Here Insert Name and Title of the Officer personally appeared _ _ Frank Morones ---— NameO)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person 4s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his,Lher,zthsw-authorized capacity(ico),and that by his/her,zthei.rsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,.... LT.AJw .P-m,.,,g4........ Notary Public•California 1 7.,7, -1;•;„.„C 7,: Los Angeles County E Signature_ il 41;f, Commission#2336730 - I 1 ---- Sign-attire of NC-fary Public-- 1.1 '4,0 My Comm.expires Nov 28.2024 I i 1' J j 1 i Place Notary Seal Above OPTIONAL -------------- 1 Though this section is optional, completing this information can deter alteration of the document or !! fraudulent reattachrnent of this form to an unintended document. Description of Attached Document l' i 1, Title or Type of Document: Document Date: .. I 11 Number of Pages: _ Signer(s) Other Than Named Above: 1' Capacity(les) Claimed by Signer(s) [r Signer's Name: Signer's Name: L--,Corporate,Officer — Title(s): Ili Corporate Officer -- Title(s): 1.1 Partner -- Limited r j General ;". Partner — LI Limited (1 General ',_i Individual Ll Attorney in Fact !1 Individual Li Attorney in Fact Trustee Li Guardian or Conservator LI Trustee LI Guardian or Conservator ...;Other:_ I Other: Signer Is Representing: _ Signer Is Representing: ,dgz.t,yr-zoc--k:;A;vt,--r.„,;m,-gc,. .,x,-...epot.-. N.,-,.. .:...Kx740.,v,tv,,,.... ....-gx.-- --t,,:m.,,we..,-g,4-gscm....-eimx.-wa,-„•ew„-m..- -rArt , ©2014 National Notary Association-www.NationalNotary.org - 1-800--US NOTARY(1-800-876-6827) Item#5907 I,;. ; Bond No.7665325 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY , r •'_ FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R.NAPPI,all of Orange,California,EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January,A.D.2020. ,Fs-Ztfi\tt, 0 UN 04044, + 0\VA1 r 'MIM O _ I +� IlllPla I ATTEST: I� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By:Robert D.Murray Vice President By:Dawn E.Brown Secretary ' f State of Maryland County of Baltimore On this 15th day of January,A.D.2020,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. it , Aw.o0 Constance A.Dunn,Notary Public °s13airst+ Y� My Commission Expires:July 9,2023 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Wednesday, April 7, 2021 12:02 PM To: Rachelle Arellano Subject: RE: City Attorney Review April 6, 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 construction contract with VASIU, Inc., regarding the Miscellaneous Sewer Main Repair Project. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch x Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com E -t - 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:Tuesday,April 6, 2021 10:34 AM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Cc: City Attorney<CityAttorney@arcadiaca.gov> Subject: City Attorney Review April 6, 2021 CAUTION- EXTERNAL SENDER. Hi Steve, Attached for your review is a zip folder containing the following items for your review: 1. PSA— Security Guard Services — Roger Hiles 2. Covenant—ADU 901 Victoria Rd. 3. Contract— Sewer Manhole Restoration at Community Center and Sewer Main Repair on Santa Margarita Drive 4. Contract— Huntington Drive Sidewalk & ADA Curb Ramp Improvements 1