HomeMy WebLinkAboutC-2615�F ARC
10 IFOR.Y49� .i
f ORIGINAL AMENDMENT NO. 3 TO THE
e•n° s, a.
CONSTRUCTION MAINTENANCE
SERVICES CONTRACT
°nity°fN ° BY AND BETWEEN THE CITY OF ARCADIA AND
VARGAS OLSON ENTERPRISES, INC.
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into this day of
Irill. PIA
2014 by and between the City of Arcadia, a municipal corporation of the
State of Ca fornia, and Vargas Olson Enterprises, Inc., a California Corporation, with respect to
that certain Agreement between the parties dated March 16, 2011 ( "Agreement "), further
amended by Amendment No. 1 dated March 22, 2012, and further amended by Amendment No.
2 dated February 13, 2013.
The parties agree as follows:
Section 3.3.4 of the Contract is amended by extending the term from March 16,
2014 to March 16, 2015 ( "Extended Term ").
2. Section 3.3.2 of the Contract is amended to provide that the total compensation
for the Extended Term shall not exceed ONE HUNDRED FIVE THOUSAND,
SEVEN HUNDRED SEVENTY DOLLARS AND NO CENTS ($105,770.00).
3. All of the remaining terms and provisions of the contract are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date set
forth below.
CITY OF ARCADIA
By: '
Dominic Lazzaret
City Manager
Dated: 19 � 2,0I4
,� r
APPROVED AS TO FORM
Stephen P. Deitsch
City Attorney
VARGAS OLSON ENTERPRISES, INC
By: 'n N1 X
Title:
Dated: 0 '3 '
By:
Title:
Dated: ) .3. ( 4
7c"_C
Tom Tait
Public Works Services Director
Page 1 of 1
This Bond Covers Amendment No. 3 Only
Bond No. 388119
Executed in Triplicate
PERFORMANCE BOND
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
VARGAS OLSON ENTERPRISES, INC. (hereinafter "Contractor "), a contract for work
consisting of but not limited to, furnishing all labor, materials, tools, equipment, services,
and incidentals for the construction of the CONSTRUCTION MAINTENANCE SERVICES
CONTRACT and all other required structures and facilities within the rights -of -way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated MARCH 16. 2011
(hereinafter the "Public Work Contract "), further amended by Amendment No. 1 dated
March 22, 2012, and further amended by Amendment No. 2 dated February 12, 2013;
and further amended by Amendment No. 3 dated ; and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we Vargas Olson Enterprises, Inc.
, the undersigned Contractor, as
Principal, and Indemnity Company of California a
corporation organized and existing under the laws of the State of
California , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of ONE HUNDRED FIVE THOUSAND, SEVEN HUNDRED SEVENTY DOLLARS
AND NO CENTS ($105,770.00), said sum being not less than 100% of the total amount
payable by the said Obligee under the terms of the said Public Work Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one -year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
RVPUBIDRD1562370 PERFORMANCE BOND - 1 GB - STATE & LOCAL (610) (7/24/00)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 3 0th
day On January 20 14 ,
Vargas Olson rises, Inc.
Principal /Contr nor
By:
President
Indemnity Com an of California
Surety
By: 4--X�
Atto y -in -Fact r>_an a n2
The rate of premium on this bond is $25.00
per thousand.
The total amount of premium charged, $ $2, 644.00
(The above must be filled in by corporate surety.)
uela
RVPUB\DRD1562370 PERFORMANCE BOND - 2 GB- STATE & LOCAL (610)(7 /24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California /
County of � ,("
On �' 3' 114 before me, C•
Date f) 1 • ♦ l i
personally appeared
KIM E. VANDENBELT 5
COMM. 01917095
NOTARY PUKX • CALIFORNIA n
LOS ANGELES COISNTY
Comm. Exp. JAI. 12, 2015
Here Insert Name and Title or-the Officer
1 w J
CIVIL CODE § 1199
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)(g�re
subscribed to the within instrument and acknowledged
to me tha he he /they executed the same in
a /her /their authorized capacity(ies), and that by
er /their signature(s) on the instrument the
erson(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�haannd, and official seall.., /
SignatureC- 71(
Place Notary Seal Above OPTIONAL Signature of Notary Public
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:
❑ Corporate Officer — Title(s):
❑ Individual
• Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
C7 Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
® 2010 National Notary Association • NationalNOtary.org • 1- 800 -US NOTARY (1- 800 -676 -6827) Item ;15907
ACKNOWLEDGMENT
State of California
County of Orange
On January 30, 2014 before me, Rebecca Karen Saldana, Notary Public
(insert name and title of the officer)
personally appeared Adriana Valenzuela
who proved to me on the basis of satisfactory evidence to be the personKwhose nameJra') is /ate
s4 scribed to the within instrument and acknowledged to me that 0 /she /they executed the same in
hi4/her /thei/ authorized capacity(iA), and that by h( /her /theKsignatureA) on the instrument the
person X, or the entity upon behalf of which the person( acted, exectted the instrument.
I certify under PENALTY OF PERJURY
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
RM
and laws_oj the State of California that the foregoing
REBECCA KAREN SALDANA
Commission #t 2049077
i Notary Public - California z
Orange County
M Comm. Ex ires Nov 16, 2017
(Seal)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
* * *Adriana Valenzuela, Mark Rosskopf, Lourdes Landa, jointly or severally * **
as their true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s) -in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013.
By: I O-G� �� ANDI"''' MPANV O
Daniel Young, Senior Vice- President yJQ` oRP0Rgl0� ECG OV,POR C,
to OCT
B :o`: 1 93 6 ;Or w 1967
Mark J. Lansdon, Vice- President > a o
2
State of California
County of Orange
On November 21, 2013 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
ANTONIO ALVARADO
o COMM. # 2033556
NOTARY PUBLIC CALIFORNIA
3 ORANGE COUNTY
My OMM. eVWSS Aug. 9, 2017
Place Notary Seal Above
Daniel Young and Mark J. Lansdon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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.
Signature
CERTIFICATE
V
Antonio Alvarado, Notary Public
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attomey are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 30th day of January . 2014
By: _ &�- (�- 4ow-�
Cassie J. Berrisfor6. Assistant Secretary
ID- 1380(Rev.11/13)
This Bond Covers Amendment No. 3 Only Bond No. 388119 Executed in Triplicate
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
VARGAS OLSON ENTERPRISES, INC. (hereinafter "Contractor "), a contract for work
consisting of but not limited to, furnishing all labor, materials, tools, equipment, services,
and incidentals for the construction of the CONSTRUCTION MAINTENANCE SERVICES
CONTRACT and all other required structures and facilities within the rights -of -way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated MARCH 16. 2011,
(hereinafter the "Public Work Contract "), further amended by Amendment No. 1 dated
March 22, 2012, and further amended by Amendment No. 2 dated February 13, 2013,
and further amended by Amendment No. 3 dated ; and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we Vargas Olson Enterprises, Inc.
, the undersigned Contractor, as Principal
and Indemnity Company of California a corporation
organized and existing under the laws of the State of California
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of ONE HUNDRED FIVE THOUSAND, SEVEN HUNDRED
SEVENTY DOLLARS AND NO CENTS ($105,770.00), said sum being not less than 100%
of the total amount payable by said Obligee under the terms of the said Public Work
Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
RVPUBIDRD\570026 PAYMENT BOND - 1 GB - STATE & LOCAL (620) (724/00)
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by any
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 3 oth
day on January 2014 .
Vargas n ntqflpfrises, Inc.
Principal /Contr ct
By:
President
Indemnity Company of California
Surety
By:
ey -in -Fact ana Valenzuela A
RVPUB \DRD \570026 PAYMENT BOND - 2 GB - STATE& LOCAL (620) (7,24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
CIVIL CODE § 1189
County of bs
On • 3 cW &( before me, iG ��-
Date - -L _ _ D- `/ Here Insert Name and Title of a Officer
personally appeared p __ f�C"k r��
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited
❑ Attorney in Fact
❑ Trustee
J General Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association • NationalNotary.org • 1- IJUU -u5 NU IAMY tr- nw- oio -oaut
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name( is )are
subscribed to th within instrument and acknow edged
/they the in
to me that60she executed same
(f9her /their authorized capacity(ies), and that by
6er /their signature(s) on the instrument the
KIM E. VANDENBELT
person(s), or the entity upon behalf of which the
COMM. X1917095
BLIC • CALIFORNIA
person(s) acted, executed the instrument.
NOTARY PU
LOS ANGELES COUNTY
Corral. Exp. JAN. 12, 2015
1 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.
Signature: (i!ir ��U
Place Notary Seat Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited
❑ Attorney in Fact
❑ Trustee
J General Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association • NationalNotary.org • 1- IJUU -u5 NU IAMY tr- nw- oio -oaut
ACKNOWLEDGMENT
State of California
County of Oran
On January 30, 2014 before me, Rebecca Karen Saldana, Notary Public
(insert name and title of the officer)
personally appeared Adriana Valenzuela
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ e
su scribed to the within instrument and acknowledged to me that t-P/she/ ley executed the same in
hi /her /th fir authorized capacity(i4s), and that by h� /her /thjr signature ) on the instrument the
p rson(p, or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
REBECCA KAREN SAIDANA
Commission #r 2049077
WITNESS my hand and official seal. Notary Public • California
Orange County
My Comm. Nires Nov 16, 2017
Signature �� (Seal)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
* * *Adriana Valenzuela, Mark Rosskopf, Lourdes Landa, jointly or severally * **
as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s) -in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice - President, Senior Vice - President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attomey to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013.
B �u o' L A N
Y � Np''•.
Daniel Young, Senior Vice-President ,;CO R ;a
CALIFORNIA have severally caused these presents to be signed by
OMpANI'0�
A G0RPOggT 9
OCT.
w : 10 OCT. 5
"'-
By. :o. 1936 :o: w 1967
Mark J. Lansdon, Vice President =,��'% `a ;` 02 C'
,...... a ; i q<IFOR
ZY
State of California
County of Orange
On November 21 2013 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
ANTONIO ALVARADO
o COMM. 0 2033556
NOTARY PUBLIC CALIFOWM
3 ORANGE COUNTY
My comm. empires Aug. 9, 2017
Place Notary Seal Above
Daniel Young and Mark J. Lansdon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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.
Signature
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 30th day of January , 2014
By.
Cassie J. Berrisfor , ssistant Secretary
ID- 1380(Rev.11/13)
AMENDMENT NO. 2 TO THE
CONSTRUCTION MAINTENANCE
SERVICES CONTRACT
BY AND BETWEEN THE CITY OF ARCADIA AND
VARGAS OLSON ENTERPRISES, INC.
ff4kLL This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into this f h day of
u, , 2013 by and between the City of Arcadia, a municipal corporation of the
State of Cali rnia, and Vargas Olson Enterprises, Inc., with respect to that certain Agreement
between the parties dated March 16, 2011 ( "Agreement "), and further amended by Amendment
No. 1 dated March 22, 2012.
The parties agree as follows:
Pursuant to Section 3.3.4 of the Contract, the term is hereby amended by
extending the term to March 16, 2014.
2. All terms and provisions of the Contract not amended by this Amendment No. 2
are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the date set
forth below.
CITY OF ARCADIA
By: —-
Dominic Lazzare
City Manager
Dated: Ny, , 2p 13
(SEAL)
ATT T:
City erk
APPROVED AS TO FORM
pz-� P. i
Stepheh P. Deitsch
City Attorney
VARGAS
By: 'n
Title: J It*..Q,S.
Dated: • �1
By:
Title: `%•i'.
Dated: Z A4.13
ISES, INC.
CONCUR:
"7%� &,- f
Tom Tait
Public Works Services Director
Page 1 of 1
Bond Number: 4378150
Premium: $2,644.00
Executed in Triplicate
PERFORMANCE BOND
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
VARGAS OLSON ENTERPRISES, INC. (hereinafter "Contractor "), a contract for work
consisting of but not limited to, furnishing all labor, materials, tools, equipment, services,
and incidentals for the construction of the CONSTRUCTION MAINTENANCE SERVICES
CONTRACT Project and all other required structures and facilities within the rights -of -way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated MARCH 16, 2011
(hereinafter the "Public Work. Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we Vargas Olson Enterprises, Inc.
the undersigned Contractor, as
Principal, and sureTec_ Insurance company a
corporation organized and existing under the laws of the State a
Texas , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of ONE HUNDRED FIVE THOUSAND, SEVEN HUNDRED SEVENTY DOLLARS
AND NO CENTS ($105,770.00), said sum being not less than 100% of the total amount
payable by the said Obligee under the terms of the said Public Work Contract, for which
payment. well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one -year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
RVPUDDAD1562370 PERFORMANCE BOND - 1 CJs- STATE & LOCAL (610) (7124/00)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 30th
day on January _, 20 13 ,
Vargas Olson Enterprises, Inc.
Principal/C, a[/ r or
By:
Pr
SureTec Insurance Company
Surety
By: �77
M
Aft tt ey-in-Fact
The rate of premium on this bond is $25.00
The total amount of premium charged,$ 2,644.00
(The above must be filled in by corporate surety.)
per thousand.
zuela
RMBORD062370 PERFORMANCE BOND - 2 GB - STATr & LOCAL (610) (7124/00)
ACKNOWLEDGMENT
State of California
County of Orange )
On January 30, 2013 before me, Susan Ponsell, Notary Public
(insert name and title of the officer)
personally appeared Adriana Valenzuela
who proved to me on the basis of satisfactory evidence to be the perso%sr whose nameKis /sae
subscribed to the within instrument and acknowledged to me that he/she/tf W executed the same in
,hWher /tom authorized capacity(jes), and that by his /her /their signature{sl on the instrument the
personK, 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.
Signature �, = (Seal)
SUSAN P NS ELI
COOAM. #,927089
NOTARY PUBLIC - CAuFORNK
Vi
ORANGE � COUY .�
�'q',�, e, .NT�w.ra�� . sore
CALIFORNIA ALL - PURPOSE ACKNOWILimne cm-r
cwn. CODE § 1189
State of California
County of -Lcf>-
2.4. 3 "
On before me,
Date ,QQ Here Insert Name an itle of the Oincer '
personally appeared T ��( (,Z,f 440
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(si(l are
subscribed to th within instrument and acknowledged
t me that he /they executed the same in
ther/their authorized capacity(ies), and that by
=E.VANDENBELT NBELT �er /their signature(s) on the instrument the
7095 person(s), or the entity upon behalf of which the
CALIFORNIA OUNTY person(s) acted, executed the instrument.
. 12, 2015
1 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.
�W.,y OPT/ONAL Signature: • GPlace Notary Seal Above Signature of Publ� lc
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: _
Capaclty(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
• Individual
• Partner — ❑ Limited
❑ Attorney In Fact
❑ Trustee
•
General Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02010 National Notary A..—i.11 uvu.....ui..�, ,
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
Cl Individual
•
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
-u
- --- - -.._. —.I w.„ [tam #5907
POA k: 510093 -Fullerton
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Lourdes Landa, Mark Rosskopf, Adriana Valenzuela
its true and lawful Attorney -in -fact, 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 waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey -in -Fact may do in the
premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
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 Attorneys) -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 authority for and in the name of and of 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. (Adopted at a meeting held on 260 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
SURETEC INS E C PANY
By:
t
LU n' John o Jr., resident
State of Texas ss: :
County of Harris
On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACQUELYN MALDONADO
a! ^= Notary Public, state of Texas lycomin c el aldo ado Notar Public
y My Commission Expires 4 y , May 18, 2013 Sion ex ' s May 18, 2013
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of A", ev are in full force and effect.
Given under my hand and the weal of said Company at Houston, Texas this
_ day of JAN 3 0 2013
A.D.
M. Brent Beaty, Assistant Secretary
Any instrument Issuec! in excess Ql the penalty stated above Is totally void and without any validity.
For verification of the Agthority pt' this power you may call (713) 812 -0800 any business day between 8:00 am and 5 :00 pm CST.
Bond Number: 4378150
Premium: INCLUDED
Executed in Triplicate
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
VARGAS OLSON ENTERPRISES, INC. (hereinafter "Contractor "), a contract for work
consisting of but not limited to, furnishing all labor, materials, tools, equipment, services,
and incidentals for the construction of the CONSTRUCTION MAINTENANCE SERVICES
CONTRACT and all other required structures and facilities within the rights -of -way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated MARCH 16. 2011,
(hereinafter the "Public Work Contract "); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall, fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we Vargas Olson Enterprises, Inc.
and SureTec Insurance Company , the undersigned Contractor, as Principal
organized and existing under the laws of the State of Texas ' a corporation
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of ONE HUNDRED FIVE THOUSAND, SEVEN HUNDRED
SEVENTY DOLLARS AND NO CENTS ($105,770.00), said sum being not less than 100%
of the total amount payable by said Obligee under the terms of the said Public Work
Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by any
RVYL'BMRD',570026 PAYMENT BOND - 1 GB • STATE d LOCAL (620) (7/24100)
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State Of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their-
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 30th
day on January , 20 13 ,
Vargas 01s
ises,
SureTec
Surety
M-
Afforney-in-FaCl/ Iria"na Valenzuela
RVK'B1URD\$70026 PAYMENT BOND - 2 GB - STATE & LOCAL (620) (7,24100)
ACKNOWLEDGMENT
State of California
County of Orange )
On January 30, 2013 before me, Susan Ponsell, Notary Public
(insert name and title of the officer)
personally appeared Adriana Valenzuela
who proved to me on the basis of satisfactory evidence to be the person..(4Wwhose name (4] ism
subscribed to the within instrument and acknowledged to me that fie/shedhey executed the same in
1NSftr /t ,ei>`authorized capacity4iet), and that by bfg/her/tpe4rsignature, e) on the instrument the
personK, or the entity upon behalf of which the personal 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.
Signature L (Seal)
SU AN P NSELL
comm. # 1927069
i\% OU NOTARY PUBLIC - CALIFORNIA Z
ORANGE C
1 27. W�Im y OUNTY .+
ComMlwWn lapins MraA 27,106
(!A�- avkl-
ORIGINAL
AMENDMENT NO. 1 TO THE
CONSTRUCTION MAINTENANCE a
SERVICES CONTRACT
BY AND BETWEEN THE CITY OF ARCADIA AND
VARGAS OLSON ENTERPRISES, INC.
This Amendment No. 1 ( "Amendment No. 1") is hereby entered into this o?..) n 4 day of
N��tGh , 2012 by and between the City of Arcadia, a municipal corporation of the
State of California, and Vargas Olson Enterprises, Inc., with respect to that certain Agreement
between the parties dated March 16, 2011 ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.3.4 of the Contract, the term is hereby amended by
extending the term to March 16, 2013.
2. All terms and provisions of the Contract not amended by this Amendment No. 1
are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date set
forth below.
CITY OF ARCADIA
By: 1 . �..
onald Penman
City Manager
Dated: 3 1A i Z
ATTEST:
-� ity � c.
Jerk l
APPROVED AS TO FORM:
Steph n P. Deitsch
City Attorney
VARGAS ENTERPRISES, INC.
By: —
Laura Vargas
Vice President
Dated: ' 1 7—
CONCUR:
/G� Uri -tl
Tom Tait,
Public Works Services Director
Page 1 of 1
CITY OF ARCADIA
CONSTRUCTION SERVICES
MAINTENANCE CONTRACT
PART "F"
PERFORMANCE BOND
RVPUB\DRD \562370 GB - STATE & LOCAL (610) (7/24/00)
Blind Number: 4378150
Premium: $2,644.00
Executed in Triplicate
PERFORMANCE BOND
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
VARGAS OLSON ENTERPRISES, INC. (hereinafter "Contractor "), a contract for work
consisting of but not limited to, furnishing all labor, materials, tools, equipment, services,
and incidentals for the construction of the CONSTRUCTION MAINTENANCE SERVICES
CONTRACT Project and all other required structures and facilities within the rights -of -way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated MARCH 16. 2011
(hereinafter the "Public Work Contract "); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we
Vargas Olson Enterprises, Inc.
, the undersigned Contractor, as
Principal, and SureTec Insurance Company a
corporation organized and existing under the laws of the State of
Texas , and duly authorized to transact business under the laws of the
State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the
sum of ONE HUNDRED FIVE THOUSAND, SEVEN HUNDRED SEVENTY DOLLARS
AND NO CENTS ($105,770.00), said sum being not less than 100% of the total amount
payable by the said Obligee under the terms of the said Public Work Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one -year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
RVPUB\DRD1562370 PERFORMANCE BOND - 1 GB - STATE & LOCAL (610) (7/24/00)
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 9th
day on March , 2012
Vargas Olson Enterprises Inc
Principal /Contr or
7 By: 7��
President
SureTec Insurance C
Surety
By:
Attorney -in
The rate of premium on this bond is $25.00
The total amount of premium charged, $
2,644.00
(The above must be filled in by corporate surety.)
per thousand.
ana Valenzuela
RVPUB\DRD \562370 PERFORMANCE BOND - 2 GB - STATE & LOCAL (610) (7/24/00)
ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF
On c before me
personally a eared _ / -�
who personally known to me (or proved to me on the basis satisfactory evidence) to be
the personQj) whose name(* )gar-e subscribed to the within ;< strument and acknowledged
to me that hr
t!othey executed the same in_hii6 /their authorized capacity, and
that by-hisa'their signature on the instrument the person(, or the entity upon behalf
of which the person,K 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 h6deifid official seal.
LAURA J. MONTGOMERY
Signature Commission #E 1847607
Kature a ) i ° Notary Public - California z
Z Los Angeles County
_My Comm. Expires May 31, 2013
(Affix seal in the above blank space)
State of California
County of Orange
On March 9, 2012
ACKNOWLEDGMENT
before me, Susan Ponsell, Notary Public
(insert name and title of the officer)
personally appeared Adriana Valenzuela
who proved to me on the basis of satisfactory evidence to be the persoR(s)Tivhose name'Kis /wce-
subscribed to the within instrument and acknowledged to me that wshe /they executed the same in
,,hWher /tWauthorized capacitypes), and that by Wher /the-ir-signatureW on the instrument the
persop4-s), or the entity upon behalf of which the personal 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. SUSAN PONSELL
COMM. 01927069 C%
NOTARY PUBLIC - CALIFORNIA iC
ORANGE COUNTY z
G r % SAC M' 0 -WMwWn EXOM Mph 77,1015
Signature _ �'1�� �"-� (Seal)
POA #: 510093 -Fullerton
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Lourdes Landa, Mark Rosskopf, Adriana Valenzuela
its true and lawful Attorney -in -fact, 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 waivers to the
conditions of contracts and consents of surety for:
Five Million and 00 /100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
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 Attomey(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 authority for and in the name of and of 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
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. (Adopted at a meeting held on 2e of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
y�anni�s
SURETEC INS E C PANY
y ; By:
w w n John o Jr., resident
State of Texas ss:`
County of Harris -
On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACQUELYN MAIDONADO
^t Notary Public, state of Texas
111y,
c el t aldo ado, Nota Public
q Y rY My Commission Expires comm sion ex s Ma 18 2013
May 18, 2013 Y
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
MAR Q 9 2012
Given under my hand and the seal of said Company at Houston, Texas this day of , A.D.
M. Brent Beaty, Assistant Secretary
Any Instrument Issued in eXcess of the panaity slated above is totally void and without any validity.
For verification of the authority of :his power yr;u may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I' V , certify that I am the
VVVI Secretary of the corporation
nged a pr'ncipal to the within bond; that
n who signed the s id bond on behalf
of th rincipal was then IkC- of said
corporation; that I know his signature, and his signature thereto is ge uine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by authority
of its governing Board.
(Corporate Seal)
Signature
-3-�'(%
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUB\DRD \562370 PERFORMANCE BOND - 4 GB - STATE & LOCAL (610) (7/24/00)
CITY OF ARCADIA
CONSTRUCTION SERVICES
MAINTENANCE CONTRACT
PART "G"
PAYMENT BOND
RVPUB\DRD \570026 GB - STATE & LOCAL (620) (7/24/00)
Bond Number: 4378150
Premium: INCLUDED
Executed in Triplicate
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
VARGAS OLSON ENTERPRISES, INC. (hereinafter "Contractor "), a contract for work
consisting of but not limited to, furnishing all labor, materials, tools, equipment, services,
and incidentals for the construction of the CONSTRUCTION MAINTENANCE SERVICES
CONTRACT and all other required structures and facilities within the rights -of -way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated MARCH 16. 2011,
(hereinafter the "Public Work Contract "); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we _ Vargas Olson Enterprises, Inc.
and SureTec Insurance Company
the undersigned Contractor, as Principal
a corporation
organized and existing under the laws of the State of Texas '
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of ONE HUNDRED FIVE THOUSAND, SEVEN HUNDRED
SEVENTY DOLLARS AND NO CENTS ($105,770.00), said sum being not less than 100%
of the total amount payable by said Obligee under the terms of the said Public Work
Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by any
RVPUB\DRD \570026 PAYMENT BOND - 1 GB - STATE & LOCAL (620) (7/24/00)
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this 9th
day on March , 2012
Vargas Olson Enterprises, Inc.
Principally
By: 7
President
SureTec Insurance
Surety
A
Attorne - in -F*t `
y A Tana Valenzuela
RVPUB\DRD \570026 PAYMENT BOND - 2 GB - STATE & LOCAL (620) (7/24/00)
ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF /jQ(S
On �( �LG�� q-1 before me I a Ll, i j. H t �
personally appeared
who personally known to me (or proved to me on the ba is of satisfactory evidence) to be
the person whose nameW67am subscribed to the with instrument and acknowledged
to me that s /they executed the same in ors ej e authorized capacit , and
that by hio�pth6r si atureKon the instrument the person( or the entity upon behalf
of which the personacted, 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 fficial seal.
Signature LAURA J. MONTGOMERY
Commission # 1847607
L11�06ature ofN ary) a -d Notary Public - California z
Z Los Angeles County
Mm. Expires' .2013
(Affix seal in the above blank space)
y
State of California
County of Orange
On March 9, 2012
ACKNOWLEDGMENT
before me, Susan Ponsell, Notary Public
(insert name and title of the officer)
personally appeared Adriana Valenzuela
who proved to me on the basis of satisfactory evidence to be the person whose name ,(0 is
subscribed to the within instrument and acknowledged to me that-hefshe /tWexecuted the same in
pWher /their authorized capacity); and that bybis/her /jheir "signaturaW on the instrument the
perso W, or the entity upon behalf of which the persora(syacted, 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.
A AA SUSAN A A A �ELL
WITNESS my hand and official seal. T-
PONS
COMM. # 1927089
NOTARY PUBLIC - CAUFORNIA Z
ORANGE COUNTY
J/ MY ca aftei n E�Ins 71, 2016
AArM
(Seal)
Signature U
POA #: 510093 - Fullerton
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Lourdes Landa, Mark Rosskopf, Adriana Valenzuela
its true and lawful Attorney -in -fact, 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 waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force-until 10/31/2013 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
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 Attomey(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 authority for and in the name of and of 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
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. (Adopted at a meeting held on 2e of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
yVPANC_
SURETEC INS E C PANY
BY:
w iw n John o Jr., resident
State of Texas ss: X41 5
County of Harris
On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACQUELYN MALDONADO
lap, _
Notary Public, State of Texas ac el n aldo ado Notary Public
�;•• ',: My Commission Expires
4 Y + rY
fg7 ,'.'` May 18, 2013 y comm sion ex ' s May 18, 2013
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect. Ir1R M I p 0 A 012
Given under my hand and the seal of said Company at Houston, Texas this day of f 7 A.D.
9� 1�14
M. Brent Beaty, Assistant Secretary
Any Instrument issued n excoss 10 the penalt/ stated above Is totally void and without any validity.
For verification of the autheift nt this ;gown. you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of th c oration named as principal in the attached bond,
that who signed the said bond on behalf of
the principal s then Sly of said corporation;
that I know his signature, and his signature thereto is genuin ; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal)
Signature
Date
�3- ) `-- (2
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUB\DRD \570026 PAYMENT BOND - 4 GB - STATE & LOCAL (620) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNnwil ennmosa-
State of California
j
County of � D5:1
1/
On _? ' �•� before me, . V �Tilleof
Date �Q 1 Here Ins�Name e O fficer
personally appeared 1 �[.,� a e-aeZ-A
CIVIL CODE § 1189
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above Slgnalure of Notary Publlc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
® 2010 National Notary Association • NatlonalNotary.ora • 1-800-US No pv 11-n
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Item #5907
r
who proved to me on the basis of satisfactory
evidence to be the person(s) whose names) Il s pre
subscribed to th within instrument and acknowledged
me that
$tg,, he/they executed the same in
CbWher/their authorized capacity(ies), and that by
is er /their
KIM E. VANDENBELT
signature(s) on the instrument the
COMM.- alai7095 w
person(s), or the entity upon behalf of which the
NOTARYPUSLIC •CALIFORNIA
person(s) acted, executed the instrument.
LOS ANGELES COUNTY -�
Comm. Exp. JAN. 12, 2015
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.
Signature:
Place Notary Seal Above Slgnalure of Notary Publlc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
® 2010 National Notary Association • NatlonalNotary.ora • 1-800-US No pv 11-n
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Item #5907
1100-80
(PROJECT NO. CONSTRUCTION SERVICES MAINT.) C- 2-&1g-
CONTRACT FOR THE
CITY OF ARCADIA
CONSTRUCTION MAINTENANCE
SERVICES CONTRACT
1. PARTIES AND DATE.
This Contract is made and entered into this )UM day of 2011, by and
between the CITY OF ARCADIA (hereinafter called the "City ") and ARGAS OLSON
ENTERPRISES, INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by City on December 6,
2010, has submitted a bid proposal for CONSTRUCTION SERVICES MAINTENANCE CONTRACT
described in the Contract.
2.3 City has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on February 4, 2011.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Contract Appendix
Part "A" - General Conditions
Part "B" - Supplementary General Conditions
Part "C" - Special Provisions
Part "D" - Specifications
Part "E" - Drawings
RVPUB\DRD \570015 CONTRACT - 1 GB - STATE & LOCAL (5056071660) (7124100)
(PROJECT NO. CONSTRUCTION SERVICES MAINT.)
Part "F" - Performance Bond
Part "G" - Payment Bond
ADDENDUM NO. 1 dated 12/16/2010.
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law.
Contractor, s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor,
materials, tools, equipment, services, and incidental and customary work forthe construction of BID
SCHEDULE I and SCHEDULE II necessary to fully and adequately complete CONSTRUCTION
MAINTENANCE SERVICES CONTRACT, including any alternates selected by the City, and all
structures and facilities described in the Contract (hereinafter the "Work "), for a total of ONE
HUNDRED FIVE THOUSAND, SEVEN HUNDRED SEVENTY DOLLARS, AND NO CENTS
($105,770.00), as specified in the Contract Bid Forms submitted by the Contractor in response to
the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accor-
dance with the applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
The term of this Contract shall be for. one (1) year starting from the contract date of
execution, unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Contract, and shall meet any other established schedules and deadlines.
RVPUBDRM570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. CONSTRUCTION SERVICES MAINT.)
Moreover, Contractor shall perform its Work in strict accordance with any completion schedule,
construction schedule or project milestones developed pursuant to provisions of the Contract,
including but not limited the Project Schedule located in the Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of FIVE HUNDRED DOLLARS AND NO CENTS, ($500.00) PER
DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the
Contract Appendix.
3.5 City's Basic Obligation.
City agrees to engage and does hereby engage Contractor as an independent contractorto
furnish all materials and to perform all Work according to the terms and conditions herein contained
for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to
Contractor, as full consideration for the satisfactory performance by the Contractor of the services
and obligations required by this Contract, the above referenced compensation in accordance with
compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the City.
RVPUMDRD'570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. CONSTRUCTION SERVICES MAINT.)
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
Vargas Olson Enterprises, Inc.
904 S Alta Vista Ave.
Monrovia, CA 91016
Attn: Laura Vargas
C ity
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Dave McVey, General Services Superintendent
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CITY OF ARCADIA
VARGAS O NTERPRISES, INC.
By: - - By:
Donald Penman
City Manager
Title
TTEJ�.
1 -
Approved as to Form:
By: �.
Stephen P. Deitsch
City Attorney
RVPUBORD \570015 CONTRACT-4
GB - STATF ,2 1 n( AT 0Zn1;1Cn9144n\ ianeinn
(PROJECT NO. CONSTRUCTION SERVICES MAINT.)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self- insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor qd, i 6(,�(YA &Y &. uq &
By:
Signature
Name
Title
Date
POA #: 510093 -Fullerton
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Lourdes Landa, Mark Rosskopf, Adriana Valenzuela
its true and lawful Attorney -in -fact, 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 waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
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 Attomey(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 authority for and in the name of and of 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
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. (Adopted at a meeting held on 20`h of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
y�AAnt�
SURETEC IN S E C PANY
40 !' By'
w l W 52 John o Jr., resident
State of Texas ss: c
County of Harris `�' �• .. '
On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
o•%01 r W" • JACQUELYN MALDONADO
•,' J ^� Notary Public, State of Texas
My Commission expires acq elyn aldot ado, Notary Public
May 18, 2013 y comm sion ex ' s May 18, 2013
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attoriey are in full force and effect.
Given under my hand and the nneal of said Company at Houston, Texas this
— day of JAN 3 0 2013 A.D.
9� 44 -enf
M. Brent Beaty, Assistant Secretary
Any Instrument Issued in-a;:cess of the penalty stated above Is totally void and without any validity.
For verification of the suMority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.