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HomeMy WebLinkAboutC-2584F AR yOylFOR.1'1�'I� ORIGINAL �\ AMENDMENT NO. 3 TO THE 2010/2011 HVAC PREVENTATIVE Au•uu f, 1901 MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES `. BY AND BETWEEN THE CITY OF ARCADIA AND gym° °te °m SHELDON MECHANICAL CORPORATION This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into this �� day of uuyp Y , 2013 by and between the City of Arcadia, a municipal corporation of the State of California, and Sheldon Mechanical Corporation, a California Corporation, with respect to that certain Agreement between the parties dated November 3, 2010 ( "Agreement'), and further amended by Amendment No. 1 dated October 19, 2011, and further amended by Amendment No. 2 dated September 11, 2012. The parties agree as follows: Section 3.3.4 of the Contract is amended by extending the term from November 3, 2013 to November 3, 2014 ( "Extended Term "). 2. All of the remaining terms and provisions of the contract are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA Dominic Lazzaret City Manager (SEAL) ATTE 'City �Wlk APPROVED AS TO FORM �f� (). �� Stephen P. Deitsch City Attorney SHELDON MECHANICAL CORPORATION FAR- - s � CONCUR. Tom Tait Public Works Services Director Page 1 of 1 L 14W Bond No. 09020053 Premium: Included in Performance Bond Bond Executed in Triplicate PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to SHELDON MECHANICAL CORPORATION (hereinafter "Contractor "), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated November 3, 2010, as amended by Amendment No. 1 dated October 19, 2011 and further amended by Amendment No. 2 dated September 11, 2012 and further amended by Amendment No. 3 dated (hereinafter the "Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms 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 provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we Sheldon Mechanical Corporation , the undersigned Contractor, as Principal and Fidelity and Deposit Conipany of Maryland a corporation organized and existing under the laws of the State of Maryland and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($105,880.00), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due R VPUB\DRD \570026 PAYMENT BOND - 1 GB - STATE & LOCAL (620) (724/00) L 0 under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same 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 or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 16th day on August , 2013. Sheldon Mechanical Corporation Principal /Contractor By: - President i a0 Fidelity and Deposit Company of Maryland Su 'et Y /, Attorney -in -Fact lames Ross RVPUB\DRD\-570026 PAYMENT BOND - 2 GB - STATE & LOCAL (620) (7124/00) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On AUG 16 2013 before me, Nathan Robert Varnold, Notary Public, personally appeared James Ross who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /a-le subscribed to the within instrument and acknowledged to me that he /s4e /t4ey executed the same in his /4e-F/t4e# authorized capacity(ies), and that by his /h,,er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. P�SEpI OF , NATHAN ROBERT VARNOLD N _ 9 COMM. # 1944583 ;U NOTARY PUBLIC-CALIFORNIA X ' n ORANGE COUNTY (n `4 = my COMM EXP. JULY 17, 2015 Signature Nathan Robert Varnold, Notary Public ACKNOWLEDGMENT State of California County of LOS ANGELES ) On AUGUST 26, 2013 j before me, KELLY NUCKOLLS- NOTARY PUBLIC (insert name and title of the officer) personally appeared DANIEL. BOUTE' 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. WITNESS my hand and official seal. Signatur KELLY NUCKOLLS Commission 0 1979045 Notary Public - Calftnis Z Los AnVW County My Comm. =a Jun 17, 2016 (Sgal) CERTIFICATE AS TO CORPORATE PRINCIPAL I, (4S L ire certify that I am the Sec etary of the corporation named as principal in the attached bond, that z ; I J who signed the said bond on behalf of the principal was then ! ; t t ' h of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. r (Corporate Seal) C� Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVPUB\DRD1570026 PAYMENT BOND - 4 GB - STATE & LOCAL (620) (7/24/00) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 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 Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by GEOFFREY DELISIO, 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 James ROSS, of Los Angeles, California, 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 6th day of November, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �l 'o Otlpj� G�,tl 1NS(�A .6 SEAL `' 05 g u; ; t%t • �Myw�wnn'~� " Assistant Secretary Vice President Gregory E. Murray Geoffrey Deiisio State of Maryland City of Baltimore On this 6th day of November, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFREY DELISIO, Vice President, and GREGORY E. MURRAY, Assistant 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. rr t Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 012 -3265Y r PERFORMANCE BOND Bond: 09020053 Premium: $1,309.00 / Annual Bond Executed in Triplicate WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to SHELDON MECHANICAL CORPORATION (hereinafter "Contractor"), a contractforwork consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated November 3, 2010, as amended by Amendment No. 1 dated October 10, 2011 and further amended by Amendment No. 2 dated September 11, 2012 and further amended by Amendment No. 3 dated (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we Sheldon Mechanical Corporation the undersigned Contractor, as Principal, and Fidelity and Deposit Company of Maryland I a corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($105,880.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, 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 said Public Work Contract and any alteration thereof made as therein provided, on his or their 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 the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. RVPUB\DRD\562370 PERFORMANCE BOND - 1 GB - STATE & LOCAL (610) (7/24/00) The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same 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, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 16th day on August 20 13 . Sheldon Mechanical Corporation Principal /Contractor By: President Fidelity and Deposit Company of Maryland Surety By: j� Attorney -in -Fact James Ross The rate of premium on this bond is S12.36 per thousand. The total amount of premium charged, $ 1,309.00 (The above must be filled in by corporate surety.) RVPUMDRD1562370 PERFORMANCE BOND - 2 GB- STATE &LOCAL(610)(7 /24/00) *%r ACKNOWLEDGMENT State of California County of LOS ANGELES ) On AUGUST 26, 2013 j before me, KELLY NUCKOLLS- NOTARY PUBLIC (insert name and title of the officer) personally appeared DANIEL. BOUTE' 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. KELLY NUCKOLLS WITNESS my hand and offs ial seal. Commission * 1T x5 i ;y'.i Notary Public - California zZ — Los Ang" County My Corse. Ex [m duff 17, 2016 Signatore e--,,, (Seal) CERTIFICATE AS TO CORPORATE PRINCIPAL I, G certify that I am the Secretary of the corporation named as pri cipal to the within bond; that z % c who signed the said bond on behalf of the principal was then is of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. i (Corporate Seal) Si ture ysXK' Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. R VPUB\DRD1562370 PERFORMANCE BOND - 4 GB - STATE & LOCAL (610) (7 /24/00) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles on AUG 16 2013 before me, Nathan Robert Varnold, Notary Public, personally appeared James Ross who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aye subscribed to the within instrument and acknowledged to me that he /&4e /##ey executed the same in his /#e+ /# 4-* authorized capacity(ies), and that by his /heir 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. WITNESS my hand and official seal. N ��PSStf OFTy�� NATHAN RGBERT VARNOLD COMM. # 1944583 ;U NOTARY PUBLIC-CALIFORNIA ' ORANGE COUNTY N c4u . P NY COMM, EXP. JULY 17, 2015 Signature Nathan Robert Varnold, Notary Public L ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 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 Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by GEOFFREY DELISIO, 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 James ROSS, of Los Angeles, California, 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 6th day of November, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 01? t oz -u Assistant Secretary Vice President Gregory E. Murray Geoffrey Delisio State of Maryland City of Baltimore On this 6th day of November, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFREY DELISIO, Vice President, and GREGORY E. MURRAY, Assistant 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 swom, 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. +i +4ir1 t'(N11!c'1 Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 012 -3265Y C.m�- Cierk�s ORIGINAL AMENDMENT NO. 2 TO THE 2010/2011 HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES BY AND BETWEEN THE CITY OF ARCADIA AND <::� J� SHELDON MECHANICAL CORPORATION \\c00 This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into this 01! day of 2012 by and between the City of Arcadia, a municipal corporation of the FOAaornia, lif and Sheldon Mechanical Corporation, a California Corporation, with respect to that certain Agreement between the parties dated November 3, 2010 ( "Agreement "), and further amended by Amendment No. 1 dated October 19, 2011. The parties agree as follows: Pursuant to Section 3.3.4 of the Contract, the term is hereby amended by extending the term to and including November 3, 2013. 2. All terms and provisions of the Contract not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA By: D City Manager Dated: �.Ow- I ZOI Z ATTEST: litrrk PT dw APPROVED AS TO FORM: gtqit�— 0. t�t� Stephen P. Deitsch City Attorney SHELDON MECHANICAL CORPORATION Title UUNLIUM I�Wtad Tom Tait, Public Works Services Director Page 1 of 1 HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES PART 66F" PERFORMANCE BOND The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same 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, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 28th day on August _'_' _ . . . . . ... ..... 20.12 � Sheldon Mechanical Corporation Principal/Contracto By Presi 2nt Fidelity and Deposit Company of Maryland Surety By: r n 0- i rr-Y* t KD Conrad, The rate of premium on this bond is $12.50 ____ per thousand. The total amount of premium charged, $__1309.00 (The above must be filled in by corporate surety,) Rl Ili H PERFORMANCE BOND - 2 ('!; State of California County of Los Angeles On AUG Z 8 2012 before me, James Ross, Notary Public, personally appeared KD Conrad 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. 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. JAMES Ross c COMM. #1984813 a m Notary Public • California a = Los Angeles County ° My Comm. t:x Tres Jul 12, 20161 (seal) Signature ACKNOWLEDGMENT State of California • ���I1.ZT.�i� On before me, 41' -Alb. r' i' nsert name and title of th, officer) personally appeared / s who proved to me on the basis of satisfactory evidence to be the person whose name(4 is /ara subscribed to the within instrument and acknowledged to me that he /she/hey executed the same in his/hafteir authorized capacity('), and that by his /herkhew signatures on the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Co KELLY NUmmiu # 1979 ion #� 1979W5 !Votary Pubk - CaNbrrft La Ano n County MV Conan. = ion 17 2011 Signat (Seal) CERTIFICATE AS TO CORPORATE PRINCIPAL ;?4 certify that I am the Secretary of the corporation named as ��incipal to the within bond- that who signed the said bo' nd on behalf corporation', that I know his signatUre, and his SignatUre thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by aUthority of 'its governing Board. (Corporate Seal) Date NOTE, A copy Of the power Cf attorney k] local representatives of the bonding company may be attached hereto. '^n* ill) °`", PERFORMANCE BOND 4 'o`/`«^''"v`^^'" x^"'' CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES PART "G" PAYMENT BOND Bond number: 09020053 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ARCADIA (hereinafter "Obligee") has awarded to SHELDON MECHANICAL CORPORATION (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project and all other required structures and facilities within the rights-of-way, easernents and permits, WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated November 3, 2010, as amended by Amendment No. 1 dated October 19, 2011 and further amended by Amendment No. 2 dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other Supplies, or terms 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 Linder the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW. THEREFORE, we Sheldon Mechanical Corporation the undersigned Contractor, as Principal and Fidelity and Deoosit Company of Maryland a corporat ion organized and existing Linder the laws of the State of Maryjq1n11d1 and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons Supplying both work and materials as aforesaid excepting the said Contractor. the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($105,880.00), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, his or its Subcontractors, heirs, executors, administrators, Successors. or assigns, shall fail to pay for any materials, provisions, or other Supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any )RO , 0, ", � ! 1 A! PAYMENTBOND - 1 such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to Court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any Suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same 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 or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set Our hands and seals this 28th day on ____.August 20 12- Sheldon Mechanical Corporation Principal/Contr tor By� President Fidelity and Deposit Company of Maryland Surety. / i— In n-Fact KD Conrad P 'I NIWIl!) I,, PAYMENT BOND - 2 '! "! 111,1111—t110, State of California County of Los Angeles AUG 2 8 2012 On before me, James Ross, Notary Public, personally appeared KID Conrad 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. WITN i mu hand and qfficial seal. JAMES ROSS COMM. #1984813 = i nr Notary Public • California c Los Angeles County Comm. Expires limy ?. 2016+ „_ (seal) Signature C �� ACKNOWLEDGMENT State of California County of 1. d I ) On e�0 before me, We nnsert name and title of th. /o-fficce`r) personally appeared J'04 �/•La who proved to me on the basis of satisfactory evidence to be the personwwhose name(4 is/ara subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herftheir authorized capacity"), and that by his /her%MW signatunV) on the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. KELLY Nu0 197 Y � � �''�" Commi�� ion #► 1979045 i Notary PUMIC - California Z Lot AngNa County My Comm. Ex it J 17, 2016 Sign (Seal) CERTIFICATE AS TO CORPORATE PRINCIPAL . ..... §9Pret4iry of the corporation named as principal in the attached bond, _r who signed the said bond on behalf of the principal was then of said corporation-, that I know his signature, and his signature theretois -genuine I and that said bond was duly signed, sealed and attested for and in behalf of said cor,poration by authority of its governing Board, /C0[D0[8te Sea[ Signature Date NOTE- A copy of the power of attorney to local representatives of the bonding company may be attached hereto. «'/`"/m'```'*'' PAYMENT 8()NO ' 4 1 ^' `m/ ^ /'" ^' '^m''"! -, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, whi 1 et forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof gt�"of d s appoint KD CONRAD, of Los Angeles, California, its true and lawful ate, constitute and �� �o make, execute seal and deliver, for, and on its behalf as surety, and as its act and �}d_aj . li ` `�kings,Error! Unknown op code for conditional. and the execution of such bonds 'tt upon said Company, as fully and amplyrtPt� 11 ff gs e presents, shall be as binding S" o s;iAbeen duly executed and acknowledged by the regularly elected officers C_here�m d itss �o �� �� o in their own proper persons. The said Assistant rrta j n�fctract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the B -lif s Yp�j}ndnow in force. IN WITNESS W he said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat&' -'Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of August, A.D. 2003. ATTEST: 'gyp OEPOS�i ti ra o State of Maryland 1 Baltimore County j ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND V By T. E. Smith Assistant Secretary Paul C. Rogers Vice President On this 7th day of August, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t B¢ POA -F 012 -3265T Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 AMENDMENT NO. 1 TO THE 2010/2011 HVAC PREVENTATIVE "'••°•• °•' MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES AYN•11, IN] BY AND BETWEEN THE CITY OF ARCADIA AND �'• +ate {A'� SHELDON MECHANICAL CORPORATION Ohl A/ I , This Amendment No. 1 ( "Amendment No. 1 ") is hereby entered into this W4 day of 2011 by and between the City of Arcadia, a municipal corporation of the State of California, and Sheldon Mechanical Corporation, with respect to that certain Agreement between the parties dated November 3, 2010 ( "Agreement "). The parties agree as follows: 1. Pursuant to Section 3.3.4 of the Contract, the term is extended to and including November 3, 2012. 2. Pursuant to Section 3.3.2 of the Contract, the total compensation is not to exceed ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($105,880.00). 3. All terms and provisions of the Contract not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA SHELDQNMECHANIa<­CORPORATION By. B� Donald Penman Stan ey Ni son City Manager Presiders Dated: I? ► I Dated: / ATTEST: CONCUR: Steph n P. Deitsch Tom Tait, City Attorney Public Works Services Director Page 1 of 1 CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES PART "F" PERFORMANCE BOND RVPUB\DRD \562370 GB - STATE & LOCAL (610) (7/24/00) Bond No. 09020053 Triplicate Execution PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to SHELDON MECHANICAL CORPORATION (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated November 3, 2010 (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we Sheldon Mechanical Corporation , the undersigned Contractor, as Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($105,880.00), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, 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 said Public Work Contract and any alteration thereof made as therein provided, on his or their 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 the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. RVPUBU3RD\562370 PERFORMANCE BOND- 1 GB - STATE& LOCAL (610) (7'24/00) The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the. specifications accompanying the same 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, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 23rd day on September 2011 Sheldon Mechanical Corporation PrincioaYCbntracter Is Fidelity and Deposit C 16an of Maryland Surety .7, , By: The rate of premium on this bond is $12.50/$10.00 The total amount of premium charged, $ 1,309.00 (The above must be filled in by corporate surety.) act B. Aleman per thousand. The term is extended to and includ ;ing November 3, 2012 RVPUB`DRD`562370 PERFORMANCE BOND - 2 013 - STATE & LOCAL (610) (7/24/00) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles CIVIL CODE IS 1180 On 9/23/2011 before me, Daravy Mady, Notary Public Dale Here Insert Name and Title of the Officer ' personally appeared B. Aleman 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 /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. DARAVY MADY I certify under PENALTY OF PERJURY under the COMM. #1839912 Z a° ; �► Notary Public - California laws of the State of California that the foregoing Z Los Angeles County ° paragraph is true and correct. r M Comm. Expires Mar. 9, 2013 WITNESS my hand and official seal. Signature: — L" Place Notary Seal Above Sign lure of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: El Corporate Officer — Title(s): __ ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of uwmb here ❑ Attorney in Fact • Trustee • Guardian or Conservator 0 Other: Signer Is Representing: �J Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): L1 Individual CI Partner — ❑ Limited ❑ General Top of thumb here O Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: V 2UIV Notional Notory Association • NalionaiNolary.oig - 1- 600 -US NOTAny 11. 600 - 976.6827) Item 15907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of _L.f -4 V_ On D le personally appeared CIVIL CODE s 1Ian Its icEUY =Ot l s ConwWaft f 1802234 Lot Anp ks County C��� Jun - 2012 Place Notary Sent Above OPTIO Though the information below is not required by law, and could prevent fraudulent removal and Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • El Partner — ❑ Limited D General Top of thumb here ❑ Attorney in Fact ❑ Trustee EI Guardian or Conservator ❑ Other: Signer Is Representing: who proved to me on the basis of satisfactory evidence to be the person( -4 whose name( is /aw subscribed to the within instrument and acknowledged to me that h e/-%heA49y-- executed the same in his/hefAheir - authorized capacity(it� and that by his /hetl hekr signature(s� on the instrument the person( -A or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. n Number of Pages: document Signer's Name: • Corporate Officer — Title(s): • Individual M. Cl Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee n Guardian or Conservator f ❑ Other: Signer Is Representing: v <vw nusonai rvomry Association • Nauonamotary.org • 1`6UU-U' NUTAHY il- 600.67515827) Item #5907 CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as n ipal to the within bond; that aAl- who signed the said bond on behalf of th principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) ignatur 9' IL 11 Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVPUB\DRD \562370 PERFORMANCE BOND - 4 GB - STATE & LOCAL (610) (7/24/00) CITY OF ARCADIA HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES PART "G" PAYMENT BOND RVPUB\DRD \570026 GB - STATE & LOCAL (620) (7/24/00) Bond No. 09020053 Triplicate Execution PAYMENT MATERIAL & LABOR BOND Premium Included in (MATERIAL Performance Bond WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to SHELDON MECHANICAL CORPORATION (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of the HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated November 3. 2010, (hereinafter the "Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms 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 provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we Sheldon Mechanical Corporation the undersigned Contractor, as Principal and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($105,880.00), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the RVPUB\DRD\570026 PAYMENT BOND - 1 GB - STATE & LOCAL (620) (7:24100) Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same 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 or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 23rd day on September 2011 Sheldon Mechanical Corporation PrincipaYContracar / IN Fidelity and Deposit Company of Maryland Surety act B. Aleman RVPUB\DRD\570026 PAYMENT BOND - 2 GB - STATE & LOCAL (620) (724/00) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On 9/23/2011 before me, Daravy Mady, Notary Public Dale Here Insert Name and Title of the Officer personally appeared B. Aleman Name(a) of Signer(s) CIVIL CODE § 1189 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. `; •,a DARAVY MADY I certify under PENALTY OF PERJURY under the COMM, #1839912 z laws of the State of California that the fore oin ° s► ' Notary Public - California XI g g Z Los Angeles County ° paragraph is true and correct. • � My Comm. Expires Mar. 9, 2013 WITNESS my hand and official seal. Signature: a Place Notary Seal Above SI nature of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Individual CI Partner — Limited El General Top of thumb here 0 Attorney in Fact ID Trustee CI Guardian or Conservator Cl Other: Signer Is Representing -u Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): U Individual 111101112111 IM luill 1-1 Partner — 0 Limited CI General Top of thumb here ❑ Attorney in Fact 0 Trustee i i C, Guardian or Conservator O Other: Signer Is Representing: 0 2010 National Notary Association • NallonalNolary.orp • 1- 800 -US NOTARY (1.800.876.6827) Item 16907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Grp /I7�G�'J On :%XJ before me, Date �) r Here Insert am personally appeared ���/» %V /�/ �� Name(&) of Signer( � 'a lLY ILCKOL LS oo aWWon r 1I M34 "°�,�, W* Cotmtn. Et Nytt JUN 17. tot CIVIL CODE § 1189 the who proved to me on the basis of satisfactory evidence to be the person(64 whose name(n) is /are- subscribed to the within instrument and acknowledged to me that he /sNeAhey- executed the same in his /her /their authorized capacity(ie4 and that by his /herfthetr signature{ on the instrument the person(s). or the entity upon behalf of which the person(Q_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. Signa -r Place Notary Seat Above OPTIONAL] Though the information below is not required by law, it may pio" and could prevent fraudulent removal and reattachment Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Individual CI Partner — ❑ Limited 7 General Top of thumb hero * Attorney in Fact ❑ Trustee ❑ Guardian or Conservator U Other: Signer Is Representing: Signature of tNary Public o persons relying n the document form to another do ment. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): U Individual I I Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact F] Trustee Cl Guardian or Conservator ❑ Other: Signer Is Representing: 1 0 2010 National Notary Association • NationalNolary.org • 1- B00 -US NOTARY (1- 600.876.69271 Item #5907 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d 1q ts_ ereby nominate, constitute and appoint B. ALEMAN, of Los Angeles, California, its an �y -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a ' d undertakings, and the execution of such bonds or undertakings in purs a ent g upon said Company, as fully and amply, to all intents and purposes, a y e officers wledged by the regularly elected ocers of the Company at its office in I�1**9�'V I_ � In- S. The said Assistant Section 2, of the By- IN WITNESS Vi affixed the Corpora A.D. 2011. ATTEST: O. DEPps�i a �uw S State of Maryland 1 ss: City of Baltimore f set forth on the reverse side hereof is a true copy of Article VI, dtisn'ow in force. c and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I lth day of May, FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 11th day of May, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -3265V !� �: �tcc >� ••,Key Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -3265V CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Sec eta of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the princi al was then Ma of said corporation; that I know his signature, an is sig­hituir 6 thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) S119_ nVatu E�� %% Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVPUB\DRD \570026 PAYMENT BOND - 4 GB - STATE & LOCAL (620) (7/24/00) C -ash y (PROJECT NO_ HVAC MAINTENANCE) ICONTRACT FOR THE CITY OF ARCAE3IA HVAC PREVENTATIVE MAINTENANCE ANO SERVICE CONTRACT FOR VARIOUS FACILITIES 1. PARTIES ANC MATE_ This Contract is made and entered into this. j day of wZ�,,�VVi7 -L�� 2010, by and between the CITY OF ARCAnIA (hereinafter called the "City ") and SHELlDON MECHANICAL CORPORATION (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The City is a charter City organized under the laws of the State of California, with j power to contract for services necessary to achieve its purpose; I 2.2 Contractor, in response to a Notice Inviting Bids issued by City on JULY 5, 20-10, has submitt ed a bid proposal for HVAC PREVENTATIVE MAINTENANCE AND SERVICE FOR VARIOUS FACILITIES described in the Contract_ 2.3 City has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid [Documents, and has given written notice to Contractor on AUGUST 20, 2010. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3_ TERMS. 3.1 Incorporation of [Documents_ This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: ' a. Notice Inviting Bids b. Instructions to Bidders c. Contract Bid Forms Cl. Contract e. Contract Appendix Part - General Conditions Part - Supplementary General Conditions Part "C" _ Special Provisions Part "�" Specifications Part "E" - Drawings i 1 2vPCia�nxn�s�oo�s CONTRACT - 1 �� - s'r.+rE. (sosisoveso) <7i24i00 � (PROJECT NO. HVAC MAINTENANCE) Part "F" - Performance Bond Part "G" - Payment Bond The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. ., Contractor, s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work forthe construction of BID SCHEDULE I and BID SCHEDULE II necessary to fully and adequately complete HVAC PREVENTATIVE MAINTENANCE AND SERVICE CONTRACT FOR VARIOUS FACILITIES, including any alternates selected by the City, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of ONE HUNDRED FIVE THOUSAND, EIGHT HUNDRED SEVENTY -NINE DOLLARS AND NO CENTS, ($105,879.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 Period of Performance. The term of this Contract shall be for one (1) year starting from the contract date of execution, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, RVPUB\DRD \570015 CONTRACT - 2 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. HVAC MAINTENANCE) construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of FIVE HUNDRED DOLLARS AND NO CENTS, ($500.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractorto furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. RVPUB\DRD \570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. HVAC MAINTENANCE) 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor Sheldon Mechanical Corporation 26015 Avenue Hall Santa Clarita, CA 91355 Attn: Stanley Nisenson, President City City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Dave McVey, General Services Superintendent Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA CONTRAC R By: By: Donald Penman Stanley Nis o City Manager President ATTE T: By :l� Cit Jerk Approved as to Form: 11 By: Stephen P. Deitsch City Attorney RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. HVAC MAINT.) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: f l God 5g Are / Name Title Date RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)