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HomeMy WebLinkAboutC-2590ci +y cle'ry "s CITY OF MAINTENANCE SERVICES ARCADIA AGREEMENT ORIGINAL 2010/2011 PLUMBING SERVICES & MAINTENANCE C //00 - go 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. RVPUB \SDEITSCH \740721.3 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. RVPUB \SDEITSCH \740721.3 2 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 RVPUB \SDEITSCH \740721.3 3 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 RVPUB \SDEITSCH \7407213 4 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- RVPUB \SDEITSCH \740721.3 5 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 RVPUB \SDEITSCH \740721.3 6 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. RVPUB \SDEITSCH \740721.3 7 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 RVP UB \SDEITSCH\740721.3 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. RVPUB \SDEITSCH \740721.3 9 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 This fax was received by GFI FAXmaker fax server. For more information, visit: http: /twww.gfi.com From: 626 446 7811 Page: 15/17 Date: 10/1212010 1 0:52:06 AM 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 This fax was received by GFI FAXmaker fax server. For more information, visit: http: /Ammy.gfi.com 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 This fax was received by GFI FAXmaker fax server. For more information, visit: http: /hv\mv.gfi.com From: 626 446 7811 Page: 17/17 Date: 10/121201010:52:06 AM (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 This fax was received by GFI FAXmaker fax server. For more information, visit: http: /twoAv.gfi.com 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