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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.