HomeMy WebLinkAboutC-2584F AR
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ORIGINAL
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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)