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CITY OF
MAINTENANCE SERVICES ARCADIA AGREEMENT ORIGINAL
2010/2011 PLUMBING SERVICES & MAINTENANCE C
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This Agreement ( "Agreement ") is made and entered into this day
of er by and between the City of Arcadia, a municipal corporation of the
State of California, located at 240 West Huntington Drive, Arcadia, California 91066, County of
Los Angeles, State of California, (hereinafter referred to as "City ") and ARROYO PLUMBING,
INC., a CALIFORNIA CORPORATION, with its principal place of business at 300 N. SANTA
ANNTA AVENUE, ARCADIA, CA 91006 (hereinafter referred to as "Contractor'). City and
Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
RECITALS
A. Contractor desires to perform and assume responsibility for the provision of
certain maintenance services required by the City on the terms and conditions set forth in this
Agreement.
B. Contractor represents that it is experienced in providing plumbing parts and
maintenance services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and that is
familiar with the plans of City.
C. City desires to engage Contractor to render such services as set forth in this
Agreement.
The City and the Contractor for the considerations stated herein agree as follows:
AGREEMENT
Parties.
1.1 City's Representative. The City hereby designates Tom Tait, Public Works
Services Director, or his or her designee, to act as its representative for the performance of
this Agreement ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
1.2 Contractor's Representative. Contractor hereby designates Kevin Zimmerman,
President, or his or her designee, to act as its representative for the performance of this
Agreement ( "Contractor's Representative "). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
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2. Scope of Services and Term.
2.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional plumbing parts and maintenance
services ( "Services "). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
2.2 Subcontracts. Contractor shall not subcontract any portion of the Services
required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement.
2.3 Term. The term of this Agreement shall be for one (1) year from date of exec,
unless earlier terminated as provided herein. Contractor shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines. The
Parties may, by mutual, written consent, extend the term of this Agreement if necessary to
complete the Services.
3. Responsibilities of Contractor.
3.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement.
City retains Contractor on an independent contractor basis and not as an employee. Contractor
retains the right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this Agreement on behalf
of Contractor shall also not be employees of City and shall at all times be under Contractor's
exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within
the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit
"B" attached hereto and incorporated herein by reference. Contractor represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond
to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall
be subject to the approval of City.
3.4 Coordination of Services. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
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3.5 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, 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 Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Contractor's failure to comply with the standard of care provided for herein. Any
employee of the Contractor or its sub - contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the provision of
services under this Agreement by the Contractor and shall not be re- employed to perform any of
the Services.
3.6 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Services under this Agreement within the term set forth in Section 3.1.2 above
( "Performance Time "). Contractor shall perform the Services in strict accordance with any
completion schedule or milestones described in Exhibit "B" attached hereto, or which may be
provided separately in writing to the Contractor. Contractor agrees that if the Services specified
in Exhibit "A ", attached hereto and incorporated herein by this reference, are not completed
within the aforementioned Performance Time and /or pursuant to any such completion schedule
or milestones developed pursuant to provisions of this Agreement, 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, and not as
a penalty, the sum of One Hundred Dollars ($100.00) per day for each and every calendar day
of delay beyond the Performance Time or beyond any completion schedule or milestones
established pursuant to this Agreement.
3.7 Disputes. Should any dispute arise respecting the true value of any work done,
of any work omitted, or of any extra work which Contractor may be required to do, or respecting
the size of any payment to Contractor during the performance of this Contract, Contractor shall
continue to perform the Services while said dispute is decided by the City. If Contractor
disputes the City's decision, Contractor shall have such remedies as may be provided by law.
3.8 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Services, including all Cal /OSHA requirements, and shall give all notices
required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. If the Contractor performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Contractor shall be
solely responsible for all costs arising there from. City is a public entity of the State of California
subject to certain provisions of the Health & Safety Code, Government Code, Public Contract
Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law
applicable to the public contracts of a municipality are a part of this Agreement to the same
extent as though set forth herein and will be complied with. These include but are not limited to
the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a
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legal day's work and that no worker shall be permitted to work in excess of eight (8) hours
during any one calendar day except as permitted by law. Contractor shall defend, indemnify
and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant
to the indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.8.1 Immigration Reform and Control Act. Contractor acknowledges that
Contractor, and all subcontractors hired by Contractor to perform services under this
Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA").
Contractor is and shall remain in compliance with the IRCA and shall ensure that any
subcontractors hired by Contractor to perform services under this Agreement are in compliance
with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City,
its agents, officers and employees, from any liability, damages or causes of action arising out of
or relating to any claims that Contractor's employees, or the employees of any subcontractor
hired by Contractor, are not authorized to work in the United States for Contractor or its
subcontractor and /or any other claims based upon alleged IRCA violations committed by
Contractor or Contractor's subcontractor(s).
3.9 Accounting Records. Contractor shall maintain complete and accurate records
with respect to all costs and expenses incurred under this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City during normal business hours
to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
4. Insurance.
4.1 Time for Compliance. Contractor shall not commence the Services under this
Agreement until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section.
4.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain
for the duration of the Agreement insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Agreement by the
Contractor, its agents, representatives, employees or subcontractors. Contractor shall also
require all of its subcontractors to procure and maintain the same insurance for the duration of
the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less
than: (1) General Liability. $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate
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limit shall apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability. $1,000,000 per accident for bodily
injury and property damage; and (3) Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California. Employer's
Liability limits of $1,000,000 per accident for bodily injury or disease.
(c) Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(i) General Liability. The general liability policy shall be endorsed to
state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall
be covered as additional insured with respect to the Services or operations performed by or on
behalf of the Contractor, including materials, parts or equipment furnished in connection with
such work; and (2) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any
insurance or self- insurance maintained by the City, its directors, officials, officers, employees,
agents, and volunteers shall be excess of the Contractor's insurance and shall not be called
upon to contribute with it in any way.
(ii) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its
directors, officials, officers, employees, agents, and volunteers shall be excess of the
Contractor's insurance and shall not be called upon to contribute with it in any way.
(iii) Workers' Compensation and Employer's Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Contractor.
(iv) All Coverages. Each insurance policy required by this Agreement
shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents, and volunteers.
4.3 Separation of Insureds: No Special Limitations. All insurance required by this
Section shall contain standard separation of insureds provisions. In addition, such insurance
shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents, and volunteers.
4.4 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. Contractor shall guarantee that, at the
option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
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insured retentions as respects the City, its directors, officials, officers, employees, agents, and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
4.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to
the City.
4.6 Verification of Coverage. Contractor shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
4.7 Reporting of Claims. Consultant shall report to the City, in addition to
Consultant's insurer, any and all insurance claims submitted by Consultant in connection with
the Services under this Agreement.
5. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, the Contractor shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6.1 Performance Bond. If specifically requested by City in Exhibit "D" attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Agreement a Performance Bond in the amount of the total, not -to- exceed
compensation indicated in this Agreement, and in a form provided or approved by the City. If
such bond is required, no payment will be made to Contractor until it has been received and
approved by the City.
6.2 Payment Bond. If required by law or otherwise specifically requested by City in
Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -
to- exceed compensation indicated in this Agreement, and in a form provided or approved by
the City. If such bond is required, no payment will be made to Contractor until it has been
received and approved by the City.
6.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or
any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond
within 10 days of receiving notice from City. In the event the surety or Contractor intends to
reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to
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the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to
expiration of the original bonds. No further payments shall be deemed due or will be made
under this Agreement until any replacement bonds required by this Section are accepted by the
City. To the extent, if any, that the total compensation is increased in accordance with the
Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. To the extent available, the bonds shall further provide that no change or alteration of the
Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
6.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as
defined in Code of Civil Procedure Section 995.120, and satisfactory to the City shall be
accepted. If a California- admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
7. Fees and Payments.
7.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed TWENTY -FOUR THOUSAND, ONE HUNDRED SIXTY DOLLARS, ($24,160.00),
without written approval of City's City Manager. Additional Services may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
7.2 Payment of Compensation. Contractor shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Contractor. The
statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement,
review the statement and pay all approved charges thereon.
7.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
7.4 Additional Services. At any time during the term of this Agreement, City may
request that Contractor perform Additional Services. As used herein, "Additional Services"
means any work which is determined by City to be necessary for the proper completion of the
Services, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Contractor shall not perform, nor be compensated for, Additional
Services without written authorization from City's Representative.
8. Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the
provisions of Section 3700 of the California Labor Code which require every employer to be
insured against liability for Workers' 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 Services.
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9. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and that it shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, sex, age or other interests protected
by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
10. Prohibited Interests.
10.1 Solicitation. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty, City shall have the right to terminate this Agreement without liability.
10.2 Conflict of Interest. For the term of this Contract, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition,
Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of
Economic Interest with the City's Filing Officer as required under state law in the performance of
the Services.
11. Indemnification.
11.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and
hold harmless the City, its respective officials, officers, agents, employees, and representatives
( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages (including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to tangible property or persons
(including wrongful death, accidents or injuries arising from the alleged failure to inspect or to
maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of
products or in rendering Services under the Agreement, such as automobile accidents, trip /slip
and fall accidents and third party assaults) arising out of or resulting from the performance of the
Services or this Agreement (including claims made by subcontractors for nonpayment), to the
extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone
employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own
cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted against
the City, its respective officials, officers, agents, employees and representatives. To the extent
of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against the City and its respective officials, officers, agents, employees, and
representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse
the City and its respective officials, officers, agents, employees, and representatives for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. The only limitations on this provision shall be those imposed by
Civil Code section 2782.
11.2 The duty to defend and to hold harmless, as set forth above, shall include the
duty to defend as established by Section 2778 of the California Civil Code, and the duty to
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defend shall arise upon the making of any claim or demand against the City, its respective
officials, officers, agents, employees and representatives, notwithstanding that no adjudication
of the underlying facts has occurred, and whether or not Contractor has been named in the
claim or lawsuit.
11.3 Nothing contained in the preceding sections shall be deemed to obligate the
Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or
any other loss, damage or expense sustained, suffered or incurred on account of death or bodily
injury to active persons or injury to property caused by the sole negligence or willful misconduct
of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal
proceedings or agreement, that the Contractor has no direct contributory or incidental
negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no
way a proper party to a particular claim, then the Contractor shall not be obligated to hold the
City or any Indemnitees harmless with respect to said claim. However, until such determination
is made by legal proceedings or agreement, or if the Contractor is found to have any degree of
direct or contributory negligence or if it is determined that the Contractor is in any way or to any
degree a proper party to said claim, then the Contractor's obligations under all of the terms and
provisions of the preceding section shall remain in full force and effect.
11.4 Nothing in this provision, or elsewhere in the Agreement, shall be deemed to
relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this
Section, pending a determination of the respective liabilities of the City or any Indemnitee, by
legal proceeding or agreement.
11.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract,
Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and
hold harmless as provided in this Agreement shall not in any way be affected or diminished by
any statutory or constitutional immunity it enjoys from suits by its own employees or from
limitations of liability or recovery under workers' compensation laws.
12. Termination of Agreement.
(a) Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Contractor of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Contractor
shall be compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
(b) Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
(c) Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
13. General Provisions.
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13.1 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:
City
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Dave McVey,
General Services Superintendent
Contractor
Arroyo Pluming, Inc.
300 N. Santa Anita Avenue
Arcadia, CA 91006
Attn: Kevin Zimmerman
President
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and 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.
13.2 Time of Essence. Time is of the essence in the performance of this Contract.
13.3 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law,
assign or transfer this Agreement or any obligation, right, title or interest assumed by Contractor
herein without the prior written consent of City. If Contractor attempts an assignment or transfer
of this Agreement or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Agreement and shall thereupon be relieved from any and all
obligations to Contractor or its assignee or transferee.
13.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
13.5 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with the Services contemplated hereunder.
13.6 Construction: References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content or intent of this Agreement.
13.7 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel or otherwise.
13.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
RVPUB \SDEITSCH \740721.3 10
13.9 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
13.10 Governing Law. This Agreement shall be governed by California law. Venue
shall be in Los Angeles County.
13.11 Counterparts. This Agreement may be executed in counterparts, each of which
shall constitute an original.
13.12 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.
13.13 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.
13.14 Authority to Enter Contract. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to make this Agreement and
bind each respective Party.
13.15 Entire Contract; Modification. This Agreement contains the entire agreement of
the Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF ARCADIA
ARROYO PLUMBING, INC.
By: Dom. -oQ By:
Donald Penman Kevin Zim an
City Manager President
Attest:
e
Chieflbeputy City Cl Tom Tait
APPROVED AS TO FORM:
Public Works Services Director
Stephen P. Deitsch
city Attorney
RVPUB \SDEITSCH\740721.3 11
EXHIBIT "A"
SCOPE OF MAINTENANCE SERVICES
The work to be performed under this Contract includes, but is not limited to, furnishing
all labor, materials, and equipment required for plumbing services and maintenance.
The Contractor shall maintain all work sites free of hazards to persons and /or property
resulting from its operations. Any hazardous condition noted by the Contractor which is
not a result of his operations shall immediately be reported to the Public Works Services
Director, or his designee.
Contactor shall comply with all federal regulations in development of implantation of
Best Management Practices (BMPs) for storm water quality of maintenance sites and
develop programs to reduce the discharge of pollutants to the maximum extent
practicable (MEP).
The City retains the right to require additional BMPs to remain within compliance with
regulations as may be developed under the auspices of the Los Angeles County
Municipal NPDES Permit. Further information about the use of BMPs and other
practices can be obtained by calling the Public Works Services Department at (626)
256 -6554.
RVPUB \SDEITSCM740721.3 12
EXHIBIT "B"
SCHEDULE OF MAINTENANCE SERVICES
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one (1) year starting from date of execution,
unless earlier terminated as provided herein.
The City reserves the right to change schedules to meet the needs of the City.
RVPUB \SDEITSCH \740721.3 13
EXHIBIT "C"
COMPENSATION
Compensation shall be based on time and materials spent in accordance with the
following tasks, not to exceed the total compensation listed:
Total Compensation
$24,160.00
The total compensation shall not exceed the
authorization in accordance with Section 7.1 of this
and fees are attached as Exhibit "C" Attachment -
Schedule.
14
RVPUB \SDEITSCH \740721.3
total listed without written
agreement. Individual rates
Professional Fees and Rate
From: 626 446 7811 Page: 14/17 Date: 10/12/2010 10:52:06 AM
EXHlSIT "D"
PAYMENT BOND Bond #1000835658
Premium: Included
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or
a resolution passed Ajagiist 17 2010 has awarded to Arroyo Plumbing, Inc.
hereinafter designated as the "Principal," a contract for the work described as follows:
2010/2011 PLUMBING SERVICES AND MAINTENANCE CONTRACT (the "Services
") and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any
materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal andAmerican Contractors Indemnity Company as Surety,
are held and firmly bound unto the City in the penal sum of TWENTY -FOUR
THOUSAND ONE HUNDRED SIXTY DOLLARS AND NO CENTS ($24,160.00 lawful
money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay
any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials,
provisions or other supplies, used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed under
the contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in
such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
15
R VPU BISDEITSCH1740721.3
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materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City
and original contractor or on the part of any obligee named in such bond, but the sole
conditions of recovery shall be that claimant is a person described in Section 3110 or
3112 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteratior or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which
shall for all purposes be deemed unoriginal thereof, have been duly executed by the
Principal and Surety above named, on the 26th, day of October
20 10 the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed b its undersigned representative pursuant to authority of its
governing body.
(Corporate Seal of Principal, Arroyo Plumbing, Inc.
if corporation) Principal (Property
Contractor)
By Kevin Zimmer r s'
(Signature of Contract
Name cf
(Seal of Surety) American C tra or Indemnity Com and_
urety
By
Attomey in Fact
(Attached Attorney -In -Fact
Certificate and Required
Acknowledgements)
1, *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and
surety and a power of Attorney MUST BE ATTACHED.
U
RV PUB IS D E 1TSC18740721.3
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3 r3""■•' ar y- rr e7"L°aY'" ar; eY• ar• - e3 it - ��i- rr• er-� er. d/,"ss- er er ° er e
STATE OF CALIFORNIA
County of Los Angeles
On October 26, 2010 before me, Carrie J. Mulhern. Notary Public
Date Here Insert Name and Title of t e Officer
personally appeared Gabriel G. Hill
Name(s) of Signer(s)
who proved to me on the basis of tisfactory evidence to
be the personal whose name*)T subscr' d to the
within instrument and a
T
4owledged to me tha y
executed th e I I authorized capacity4k*,
and that bFbL% et�/#�Mteir slgnature(aj-on the instrument the
person(e} -or the entity upon behalf of which the person(s}-
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
CARRIE J. MULHERN the State of California that the foregoing paragraph is true
COMM. # 1802640 CD
and correct.
NOTARYPUBLIC - CALIFORNIA p m Witness hand d official se I.
LOS ANGELES COUNTY —` Y
@my Comm. Expires JULY 3, 2012
Signature
Place Notary Seal Above Signature of Notary Public ea 4 J. Mulhern
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:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here
❑ Other:
Signer Is Representing:
California
All- Purpose Acknowledgment
State of California
County of S ._�� e-& e' I SS.
On e2d Z010. before me,
personally appeared ._._.._.,_% _ _Z`I�'Y!Y%� �✓ ..._..
who proved to me on the basis of satisfactory evidence to be the personN) whose
name(�K) is /a-re subscribed to the within instrument and acknowledged to me that
he /s4 ey executed the same in his /hefA*eir authorized capacity(i"+, and that by
his /he4their signature(g) on the instrument the person(§j, 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
the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signat of Notary Public
E0001 TER
ig=COMM. 01861012
g c aNOMM
Oomm. 1
ft r�u -, a for olfi( j n � � ; )f , tr3( ( -,,,11
r�G�t,x<i My commission expires on:
Phone No..
J'3 NO!',ry LeIfmrlcj , ;rti: r Ail Pigh � d Ord r Onhw,'; >0 v, ,vv
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies'), do by these presents make, constitute and appoint:
Gabriel G.:: Hill or Gary Oltmanns of San Dimas, California
its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bow
penalty does not exceed * * ** *Three Million * * * ** Dollars ($ * *3,000,00.0€1 ** ).
This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted "under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney -in -Fact maybe given full power and authori for and in the name of and on behalf of the Company, to execute; acknowledge and deliver, any and all bonds,
recognizance&, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the
Company's liability thereunder, and any such instrunicutsi so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be here axed, this
15`h day of June, 2009.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
Corpp te, Seal3 _ �t�,cTO
�i P21.1 D IDS
By. Daniel P. Aguilar, Vice President
State of California _
County_ of Los Angeles SS:
On this 15Th day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar,_ Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(a)-acted, executed the instrument.
I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ,.,.....,.
V. WRIGHT
Commission * 1826148
Notary Public - Catifornis
Los Amp alea County
Signature - {Seal) amm. r jrea osa e, x012
I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this2 6th day
of October , 2010
Corporate Seals
ao'rr �.
D T
Bond No. 1000835658 Jeannie J. Kim, Assistant Secretary
Agency No. 6116
From: 626 446 7811 Page: 16117 Date: 10/121201010:52:06 AM
PERFORMANCE BOND Bond # 1000835658
Premium: $725.00 - Premium
KNOW ALL PERSONS BY THESE PRESENTS: based on final contract amount
THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City ") has awarded to
Arroyo Plumbin Inc. , (hereinafter referred to as the "Contractor") an agreement for
2010/2011 PLUMBING SERVICES AND MAINTENANCE CONTRACT (hereinafter referred to
as the "Services ").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Agreement for the Services dated August 17, 2010 , (hereinafter referred to as "Agreement "),
the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Agreement to perform the terms thereof and to
furnish a bond for the faithful performance of said Agreement.
NOW, THEREFORE, we, Arroyo Plumbing, Inc. the undersigned Contractor and
American Contractors Indemnity Company as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of TWENTY -POUR THOUSAND ONE HUNDRED SIXTY
DOLLARS AND NO CENTS ($24,160.00), said sum being not less than one hundred percent
(100 %) of the total amount of the Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Agreement
and any alteration thereof made as therein provided, on its part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their intent and
meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Agreement, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees including reasonable
attorney's fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Agreement, unless otherwise
provided for in the Agreement, the above obligation shall hold good for a period of one (1) year
after the acceptance of the work by City, during which time if Contractor shall fail to make full,
complete, and satisfactory repair and replacements and totally protect the City from loss or
damage resulting from or caused by defective materials or faulty workmanship. The obligations
of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing
herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,
taw or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Agreement, the Surety shall remedy the default pursuant to the Agreement, or shall promptly, at
the City's option:
RVPUBISDEITSCM740721.3 17
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(1) Take over and complete the Services in accordance with all terms and
conditions in the Agreement; or
(2) Obtain a bid or bids for completing the Services in accordance with all terms and
conditions in the Agreement and upon determination by Surety of the lowest
responsive and responsible bidder, arrange for a Contract between such bidder,
the Surety and the City, and make available as work progresses sufficient funds
to pay the cost of completion of the Services , less the balance of the contract
price, including other costs and damages for which Surety may be liable. The
term "balance of the contract price' as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Agreement.
(3) Permit the City to complete the Services in any manner consistent with
California law and make available as work progresses sufficient funds to pay the
cost of completion of the Services , less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Agreement and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Agreement.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Services nor shall Surety accept a bid from
Contractor for completion of the Services if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Services .
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the Services to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the'Agreement or to
the Services .
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th• day of
October
American Contrac rs Indemnity Company
Surety
act
Arroyo Plumbing, Inc.
CONTRACTOR/PRI NCIP
AL
Name KevinZ5 erman, Presi t
't'i
RVP'JBISDE[TSCH'740721.3 18
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles }
On October 26, 2010 before me, Carrie J. Mulhern Nota Public
Date Here Insert Name and Title of t e Officer
personally appeared Gabriel G. Hill
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person, erwhose namekall;iWam- subscjr(bP4 to the
within instrument and a owledged to me thatbalghelkey-
executed othn e if�s�aeir-euthorized capacity{it�, and that gnaturefs"n the instrument the
person the entity upon behalf of which the person(e'
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
�CARRIE J. MULHERN the State of California that the foregoing paragraph is true
COMM. # 1802640 W and correct.
H NOTARY PUBLIC - CALIFORNIA p
y LOS ANGELES COUNTY Witness my han nd official seal.
My comm. Expires JULY 3. 2012
Signature
Place Notary Seal Above Signature of Notary Pu arrie J. Mulhern
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:
❑ Individual
❑ Corporate Officer — Title(s):_
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Off icer— Title(s)_
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
California
All- Purpose Acknowledgment
State of California
County of SS.
On �.., �..�....�� before me, 4;
personally appeared_��.!�� �� /�i�c rz -"���✓
who proved to me on the basis of satisfactory evidence to be the person(' whose
name(>K) is /ate subscribed to the within instrument and acknowledged to me that
he /s> aA4ey executed the same in his /her/ftir authorized capacity(ies), and that by
his /heath r signature() on the instrument the person(so, or the entity upon behalf
of which the person(so acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
the foregoing paragraph is true and correct.
R
WITNESS my hand and official seal.
�,.
Signa 6 of Notary Public
EYORG E
o COMM. #11861042
Los MD" COU*
Gomm, t
1.h (, ,t(r,'ei C; , offir ! "i. ( 1 ( A ri is ",r= ;1
fOp =on :jl; My commission expires on:
Phone No.:
' 008 � of it eflk:r - All !"If hN rii ea ? ^zrl itt' iz}(_t,il " " "�t� t;Ylts3 .(;t3ii'1
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies "), do by these presents make, constitute and appoint:
Gabriel G. Hill or Gary Oltmanns of San Dimas, California
its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providtWthe bond
penalty does not exceed * * ** *Three Million * * * ** Dollars ($ * *3,000,000.00** ).
This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice- President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney -in -Fact may be given full power and authod''ly for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the
Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
15`h day of June, 2009.
, A,kERJtA V C'ONfRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
- COrpor* Seals . AETOO
sE y e By:
Daniel P. Aguilar, Vice President
State of California
County of Los Angeles SS:
On this 15`n day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.'
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. =DLov 0 1 lon N 18281+48
blic - Cnliforoia
tltt County
Signature (Seal) x ft. Oor 8._2012$
I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect.
In Witness Whereof, I have hereunto set my'kxand and 4$1IN04 the seals of said Companies at Los Angeles, California this 26th day
of October
Corporate Seals
+�uctors� T \
Bond No. 1000835658 marau>E0 �� y `� Jeannie J. Kim, Assistant Secretary
su,lg48 +
Agency No. 6116