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Home My WebLink AboutC-2625G�yIFOR.19�[J r ORIGINAL AMENDMENT NO. 3 TO THE I . ° °•• .. PAINTING & WOOD REFINISHING A°ry J 5, 4 SERVICES CONTRACT '116 G W! ' @'nity of 0 BY AND BETWEEN THE CITY OF ARCADIA AND B & P PAINTING, INC. 1 This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into this I O+k day of 2014 by and between the City of Arcadia, a municipal corporation of the St to of California, and B & P Painting, Inc., a California Corporation with respect to that certain Agreement between the parties dated April 13, 2011 ( "Agreement "), further amended by Amendment No. 1 dated May 8, 2012 and further amended by Amendment No. 2 dated March 20, 2013. The parties agree as follows: Section 3.3.4 of the Contract is amended by extending the term from April 13, 2014 to April 13, 2015. 2. All terms and provisions of the Contract not amended by this Amendment No. 3 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 Lazzarett City Manager Dated: Zc) lLf (SEAL) NTES11: e APPROVED AS TO FORM / �- �. 1 Stepherf P. Deitsch City Attorney B & P PAINTING, INC. By: �� /* Title: Dated: 3/ `611`f A Title: Dated: CONC R: T m Tait Public Works Services Director Page 1 of 1 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT Bond No. LAX2105921 TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Executed in three originals Premium: $1,093.00 PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also,berein TKVI.bas awardedio B: &P :PAINTING, INC. (hereinafter "Contra r "), a contractfgrwork consisting-of but notlirri ted td, furnishing all:.labor, materials, tools, equipment services, and incidentals for the PAINTING &: WOOD REFURNISHING SERVICES CONTRACT and.all other required structures: and facilitiess within the rights -oaf way, easernents:and; pet its WHEREAS, the -VV to beperformed by the Cori otor s:more particularly set 'forth in that certarxi wnftdt for the acid Public Work detect Auri! 09 2Q'!"! as amended byAmendment ;1. da'ied May 8;. 2012, t`urff - mended -y Asnendmeilit Ni. 2. dated March 20, 2013: And further amended by Amettdrtt rn No. dated i lTl (hereinafter "Public WorlrCQntractl;aid llli*IiEREAS; the Contractor is required by said Public V1Worlr Contract. to petform the terms thereof and to :provide a bond both for the performance and guaranty thereof, NOW,. THEREFORE; we B & P Painting, Inc. , the undersigned Contractor, -as Principal, �ndd. Hudson Insurance Company a carp ©ration or" ganized and existing under the laws of the State of Delaware , and duly authorized to transact business,under the laws: of the. StateofCalifornia, as Sur*, arelheld and firmly bound unto the CFtYDFAI OAtitA in the surn,of FO# TY -THREE TH US/kIV� SEVEN.HUNDRAND TENTY D LLARS AiD. ipW NO CENTS ($43;720.00), said sum being not less than 100"%:bf -the. totall amount payable by the said C'rty under the terms.0 the said Public Work Contract, orwhich payment well and truly to be made, we bind .ourselves, our heirs, executors and admn. istratofs, successors and. assigns, jointly and: severally. .'firmlyby,these :pr7esents. THE COND ON OF"THIS OBLIGATION .Si SUCH. that if the Principal, his or its heirs, executors, administrators, successo .otO.. ilgns, shall in ali things stand to and :abide by, and well and truly keep and perform the commants, c Orld. idons and agreements in the said Publid VVork Contract and any alteration thereof made as therein provided, on his. ortheir-part, to be kept and.per€ormed.atthetime and:in the mannertherein specified, and in sly respects according to'thecr,ttttexttand meaning; and shall-faithful(�tfulfillthe::one -year guarantee of all materials and wpekmaiishrp, andindernnify and save harmlos the City, its '.officers and agents, as stipulated llhthe said P.0blie Work Contract, #ten this obligation shall become nuffand` id;:.otherwise ft shall be and. rer`nain in full ford and effect. In the vent legal action° :is requiredd to enforce the provisions of this agreerrientt t prsuaifing party shall °be: entitled to repmer reasonable attorneys` fees :in additiont to dun mss, necessarat disbursements, and other damages:; In ;case; legal action is required tor. ehfdree the provisions of this bond, the prevailing party shailt be entitled to; recciver.reasonable atfomeys' fees in addition to..court .cos<ts, necessary disbursements ani1, o0w- consequential damages. RVPUE\DRD\562370 PEf2FORM4lyfCE !BOND -'I nsst1k0tr:io.(6to)(? The said Surety, for value received, hereby stipulates and agro'os' `that tio change,_ extensions of time, alteration or addition tothe terms of the Pubho-Work.C. Ontract or to the Wbrkto be performed dt hereunder, of the specifications accompany-nOn the ;sarne shall. in any. way affect ift,o.blig.ations 06 this bond, and it does hereby , e notice: of any such changeFi.extension of time, attention oradditiori to the terms of the Contract., or to the Work or t.O. 40qPM*1Qn&.1' IN WITNESS WHEREOF, we have heret6 set our hands and seals this, 21 st day ort March 2014 & P Paintinq, Inc. FT1wjpa1/Contr,addr--- President Hudson Insurance Company Surety . I 0 act Steph)iie Hoang Thee rate,.Of prem . lum.:on'th'is bond. is $25.00 perthousand, The total amount of premium charged', $ 1,093.00 -.(The 415046MUst be1illed in by Gof poirqtp,surety.) RVPUB\I)RD\562370 PERFORIIAWP- BOND - 2 J;M-;:VrA1rs,011OCAL d 0; (610.) a4=1 CALIFORNIA • ACKNOWLEDGMENT �5..'�ih�aL. -aS �5�.��.'•,:aS.v!c�S �S; �aSi,.-•-.' S. o�.', �5! s�S�S,saS,s�S�'�S.�S,�SStis�S.�S • S,�S.�S,.�S�.-- �.'S...�S!TS.�S S S;s�SS.s�S;�S�_cjS S,�SSS.s�vs� State of California County of L' (� s tom'` s'f i-0 On before me, Date personally appeared LEAH H. NEALON o Commission No. 1963203 Z U L) ` NOTARY PUBLIC•CALIFORNIA + LOS ANGELES COUNTY My Comm. Expires DECEMBER 9, 2015 Place Notary Seal Above ,-_� o k-� �`" �e-r/ N\ k Here Insert Name and Title of the Officer r� �� 4 �-C, PJ 6 Ir 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 h d nd official seal. , Signature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here S�✓. �irL6� '✓.:C✓6�•rG�'✓,5'• ✓i•.r6� '-. v. �•✓ 5�•✓ ier5�✓iC✓.5'• ✓. ✓:' ✓:�:C✓�.�✓.: ✓6�✓.:'✓ �✓�.�_✓.C.v:' ✓. U'6 ✓.�: ✓..`'✓,�.�'✓: ✓. y'�'✓.:�✓..�✓:'✓ �'.�✓,:�✓:�.'.rr [*N 11 A 1 '1 :11 CALIFORNIA • ACKNOWLEDGMENT State of California County of rr�1 Oran e On 3 p 111 j + before me, Barbara Copeland, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Stephanie Hoang Names) of Signers) BARBARA COPELAND ?� Commission # 2016348 i:� Notary Public - California Orange County My Comm. Expires Apr 19, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that -he /she /the} executed the same in +tis/her /tfaeir authorized capacity("), and that bytris/her /their signature(s} on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I z t ��`—t Signalu Notary Public OPTIONAL T 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: Stephanie Hoang ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUNt BPRINT OF SIGNER .. of ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 • w .NationalNotaryorg Item 45907 Reorder. Call Toll -Free 1-800 -876 -6827 Bond Number: LAX2105921 Hu DSO N POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State or Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Stephanie Hoang of the State of CA its true and lawful Attornev(s) -in -Fact, at New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf; as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Forty Three Thousand Seven Hundred Twenty Dollars ($43,720.00) Such bonds and undertakings when duly executed by said Attorneys) -in -Fact, shall be binding upon said Company as fully and to the same extent as ii'signed by the President of said Company under its corporate seal attested by its Secretary, In Witness Whereof, HUDSON INSURANCE. COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this 31st day of October 12013 at New York, New York. 4 HUDSON INSURANC:ECOMPANY WAL w a 1 Iola rresf By...... Dina as In is Christopher T. Suarez Corporate Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 31 st day of October 2013 before me personally came Christnpher T. Suarez to me known, wtto being by me duly sworn did depose and say that he is an Executive Vice President of IiUDSON INSURANCE COMPANY, the co ation described herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such co raft scat, that it was so affixed by order of the Board of Directors of said Corporation, and that he,tsj jfij ;is name thereto by like order r (Notarial Seal) `� ••'•SSIONF ••, �iVA A 11. AEU H peer0 1, 2 °9 " Votary Public, t of w York C�Qyc�'- o�N•� *� No OIMU(>t .553 * _ Qualified in Nassau County • i01MU6W553 — Commission Expires December 10, 2017 STATE OF NEW r3'•.;•• `�` CERTIFICATION COUNTY OF NEW YORK The undersigned Dina Daskalakis hereby certifies' "that the orieinal resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27`, 2007, and has not since been revoked, amended or modified "RESOLVED, that the President, the Executive Vice Presidents the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion. to appoint such agent or agents or attorney or attomeys -in -fact, for the purpose of earning on this Company's surely business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognira ces, whether made by this Coinpany as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made. and FURTHER RESOVLF.D, that the signature of any such Officer of the Company and the Company's scat may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attomev is now in force. 21St March 2014 Witness the hand of the undersigned and the seal of said Corporation this day of 20 tl Fol J 082010(vI) Bond No. LAX2105921 Executed in three originals Premium listed on performance bond PAYMENT (MATERIAL:& LABOR) BOND WHEREAS the CITY OF ARCADCI4 (hereinafter "City ") has awarded to B & P PAINTING, INC. (hereinafter "Contractor "), a coritradt.forwork.consisting of but not lim ed. to, furnishing alt labor, materials, tools, equipment, ryiCes; and incidentals .for the PAINTING ,& WOOD REFURNISHING SERVICES 00NTRACT and all other: regtd ed structures and facilities within: the. rights -of -way, easements and permits,: VWH EREAS, tale :Work to be performed by the Contractor is more particularly set forth in that certain i on"'ct °for the said Public Work dated. _A L 13.:�0"t mended b Amen+drtaent No: 9 dated llilay 8; �0 2� furthec:arrrended by . mendW ettt Y Ito, 2 date Pod further amended by Amendment No.- 3 :dated herei ' ..- r th6 "Public Worts ontrac ')r and WHEREAS, said Contractor is required t© furnish a bond in connection with said Ppolic Work Contract providing: that: if said Contractox ±fir any of his or ffs: subcontt'actors shall-fail to.poy for any materials, provisrons,. or othiia'supplies, t teYrrts used in, 'upon, for or about #*. performance of;the Work corrb-acted to be done, .or f ©r any work or lab'ordone thero6t of'any kind, or for amouro -due underthe provisions of 3248 of the California Civil Code, with. respect to such work' or labor, that the Surety on this bond will pad the same together <vvith a reasonable atbomey's fee in case suit is brough# on: the bond. NOW, THEREFORE, we B & P Painting, Inc. the undersigned Contractor, as>Principal. and Hudson Insurance Company a corporation organized and existing under the laws of the State _of Delaware and. duly authorized to transact business under the laws of the State of California— Surety, are hell :and'fk.mly bound pnto the CITY OF'ARCADIA 0nd to any and all material men, persons, companies or corporations furtrishing materials, provisions, and otho supplies used in, upon, :for or about the perforrnartcye of the said Public Vlfork;, :aril_ all persons;, companies or corporations renting or hiring tbams, ter krij5 ements or machinery; for or .cont6buting to said Bahl a tlWork to be:dane, and all persons:perfor min work or Ialsor upon the:same and all persons _supplying both work and rr eteriats as aforesa.'rd e�tceptimg the>said Contractor., the sum of FORTY- THREE THOU ND SE' VEN HUNDRED: AND TWENTY 'DOLLARS AND NO CENT'S ($43;�'Za:�l i1); said sum being no .less_than '1Q ©°�:of the total amount payable by card: Citjr urrr:Ter the- of the :said. Public Work Oontrct; #or which payment well and truly to be made, we brnd oulwt s, Our heirs, executor and adrrdnistrators, successors and assigns joirttljt ei d severalty; firmty by these presents. THECONDtTIOI+I OF THIS 0113LI'OA#Tl4N IS SUCH that if th+e Principal, hrs.er its.su.Ocoh acctors�, heirs, exeeutors, administrators, suocessors, orassigns, shall fail to pay forariy riiaterials, provision", orothersapplres or rnachtnery used in, upon,1bforabo utthe performance of the Work contracted to bo,&M6, o ftirwork orlgoortttereon ofany kind; or fail#o pay anyofthe persons named .In CaUbtnja CM': -'-ode Section 3'1:8�t, oramounts due under the Unemployment insurance Codewl#h :resp!ectto.wor k or l6b r rformed by any RVPU13DRD1570026 P YKAENTt :t N[ 7 eB- STAIE &LDCAL(620) (7/2700) such claimant, _or. for any amounts required to be_deducted, withheld; and paid overto the Employment, QEVeiopment Department from the wages +of erriplayees :of :the contraror and his.subcontractOts Ours .Pant to Section. 13020 of the Unemployment inaurant�; Code with respect to su'eh*Wdrk and labor, and all'otherapplicable laws of-the 5tate6f California and vales and. riegulations of its agencies, then said Surety will pay th a .sanie in irarto-an arxt+ to not excee=ding the sum specified herein. In case. legal aetic3n is requ ired. to enforce the provisions cif this band, prevailir .party.shall be entitled to recover reasonable attomeys' fees. in addition to Court WSts, necessety .disbursements and other consequential :damages. In, ao=dilOW1_ tip the provtslons ttereinabove ..,. it is agreed that this bond will inure toth =e.. benefit Of any► and .0.11 persons,;companies and corporations en#itied to make claims tinder Sections 1.10, 11'11, 31 :12 arid. 3181 of the California Crvi.l Code, so as.to give a iiQtit of anion to: them w their asses iris any suit brought upon. this. bond.. The said Surety. ;. for ualtie. received, hereby stipulates and aafees that. rro charge, extension: of fte, alteraido t- or additions to 'the te[rrts - ©f the said Public Work Gor*6ct or to the Work to be performed thereunder orthe specification accorr}panyingthe same-shall in ahy way affect its obligations on this bond, and it dries heti* xwaive notim -: *f any such_ohange,.extension of time, alteration or addition to the to ms,of t ie contract °orto tho Work or to =the Specifications. CN W.MTTI IEsS it HEREOF a have hereto set our hands andseals this 21st day on IVlarch 1 201' -b& P Painting, Inc. Principal /Contractor By: && X1_&04'f_ C President Hudson Insurance Company Surer By: Stephanie H RVPT3B\DRD\570026 PAYMENT BOND =:2 cis. sT,a��IDPA (00) aQOO) CALIFORNIA • ACKNOWLEDGMENT an. State of California County of lam' S f- S-e t e S On before me, U 14 Date _ personally appeared •�• -� LEAH H. NEALON r= Commission No. 1963203 z Z=�� _ NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY 0 My Comm. Expires DECEMBER 9.2015 Place Notary Seal Above H /V-0 (3,4 IV who proved to me on the basis of satisfactory evidence to be the person whose name is /fie subscribed to the wl hin instrument and acknowledged to me that 0 /she /thi executed the same in pl( /her /tpr& authorized capacityW), and that by he/her /thprr signatureo on the instrument the person(;', or the entity upon behalf of which the person(O'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 nd nd official seal. Slgnatur Signature of ary 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: ice^ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is :Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of •✓ •,vi'✓S "zv'4'J4�✓ "y �4'• ✓S�4 "• ✓S " ✓4'J4' ✓4�4�5� ' ✓S'✓4' ✓4� �tiS' ✓S ".•14�: ✓4�4�5'• ✓: J'S'r/4� �� ✓: ✓S�4'tJti4'• ✓5�2� �4�t!:�✓4' ✓S'✓ 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.NationalNotgy.org Item #5907 Reorder: 6 7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT — Ftr- - .cr : ,c�.�,cYS�^t.,�:! -- . - ,;�:t�,�,r�Y`.ef.�Y'.�ac�. - ,c-:t�,[g2Er.�c�.c�`,��cfcr� ,cY• ..cY�- ..m- - - .,�,c:�,cc- .��r :. -- State of California County /r� offf Orange On ✓ oC before me, Barbara Copeland, Notary Public bafe Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Names) 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 4iis/her /04eir authorized capacity("), and that by+tisfher /their signature(&} on the instrument the person(-,), or the entity upon behalf of which the person(sr) 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 h nd and official seal. lti�,i �'-' Place Notary Seal Above Signature Signature of rAry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name:_ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top ofthurnith - 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313 - 2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -80"76 -6827 BARBARA COPELAND Commission #t 2016348 < ='s I Notary Public - California Z 'F ' Orange County My Comm. Expires Apr 19, 2017 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 4iis/her /04eir authorized capacity("), and that by+tisfher /their signature(&} on the instrument the person(-,), or the entity upon behalf of which the person(sr) 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 h nd and official seal. lti�,i �'-' Place Notary Seal Above Signature Signature of rAry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name:_ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top ofthurnith - 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313 - 2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -80"76 -6827 Bond Number: LAX2105921 HuoilsON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State or Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Stephanie Hoang of the State of CA its true and lawful Attorneys) -in -Fact, at New York, New York, each of them alone to have full power to act without the other or others, to snake, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bouts or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Forty Three Thousand Seven Hundred Twenty Dollars ($43,720.00) Such bonds and undertakings when duly executed by said Attorneys) -in -Fact, shalt be binding upon said Company as fully and to the same extent as il'signed by the President of said Company under its corporate seal attested by its Secretary, In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of iLs Executive Vice President thereunto duly authorized, on this 31st day of October , 2013 at New York, New York" sura4y } al HUDSON INSURANCE COMPANY SEAL" .a ` :l Iola r Dina astral is Christopher'['. Suarez Corporate Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 31 st duv of October 2013 before me personally came Christopher T. Suarez to me known, who being by me duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCF. COMPANYJAM. anon described herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is se seal, that it was so affixed by order of the Board of Directors of said Corporation, and that helsl��iki name thereto by Itke order. (Notarial Seal) `�� ; SSIC)NF '•, �� U H ;Ober 10, rOi '• Notary Public, e of w York 2o�9�N . * No 01 MU64 553 * • Qualified in Nassau County 5 OOtMU6067553 E Commission Expires December 10, 2017 's�'.*�. �AtIF1c`�� '• CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK /lll,�A \ \ \�`\\` ',All %%% 'the undersigned Dina Daskalakis hereby certifies That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27 °', 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and tecognizanccs, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOLVED, that the signature of any such Officer of the Company and the Company's scat may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of'such officer and the original seal of the Company, to he valid and binding upon the Company with the saint force and effect as though manually affixed." THAT the above and foregoing is a full, true and correct copy of Power of Attorney 'issued by said Company, and of the whole of the original and that the said Power of Attorney instill in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Auomev is now in force. 21st March 2014 Witness the hand of the undersigned and the seal of said Corporation this day of_: 20 TFolo,82010(vi) Dina Dust, Corpotate Secretary ARC ^, GPyIFOR,y�99A ,y PAINTING & WOOD REFINISHING ORIGINAL Ay.. 5, IfOI SERVICES CONTRACT O� °airy of °m BY AND BETWEEN THE CITY OF ARCADIA AND B 8t P PAINTING, INC. This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into this Zh day of 2013 by and between the City of Arcadia, a municipal corporation of the State of taliforni a, and B & P Painting, Inc., a California Corporation with respect to that certain Agreement between the parties dated April 13, 2011 ( "Agreement "), and further amended by Amendment No. 1 dated May 8, 2012. The parties agree as follows: 1. Pursuant to Section 3.3.4 of the Contract, the Term is hereby extended to April 13, 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 Dominic Lazzare City Manager Dated: r)fiz-,c,N 9_0, 2.013 4 ATT T: 1iy e qr APPROVED AS TO f ORM Q, Stephen P. Deitsch City Attorney B & P PAINTING, INC. CONCUR: til-- 4>e- Tom Tait Public Works Services Director Page 1 of 1 Title: Dated: Title: Dated: CONCUR: til-- 4>e- Tom Tait Public Works Services Director Page 1 of 1 A. CITY OF ARCADIA PAINTING & WOOD REFINISHING SERVICES CONTRACT PART "G" PAYMENT BOND R VPUB\DRD \570026 GB - STATE & LOCAL (620) (784/00) Bond No. LAX210592 Premium: $1,312.00 PAYMENT (MATERIAL & LABOR) BOND Executed in Three Originals WHEREAS the CITY OF ARCADIA (hereinafter "City ") has awarded to B & P PAINTING, INC. (hereinafter "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the PAINTING & WOOD REFURNISHING 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 April 13, 2011, as amended by Amendment No. 1 dated May 8, 2012, and further amended by Amendment No. 2 dated (hereinafter the "Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due 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 B & P Painting, Inc. , the undersigned Contractor, as Principal and American Safety Casualty Insurance Company I a corporation organized and existing under the laws of the State of Oklahoma 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 FORTY -THREE THOUSAND SEVEN HUNDRED AND TWENTY DOLLARS AND NO CENTS ($43,720.00), said sum being not less than 100% of the total amount payable by said City under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the RVPU3\DRD\570026 PAYMENT BOND - 1 GB - STATE& LOCAL (620) (7124100) F 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 I St day on March 20 13 B & P Painting, Inc. Principal /Contractor By: bd"M �' 4 -94V e- President American Safety Casualty Insurance Company Surety By: Attorney -in -Fact Shawn Blume RVPUMDRD1S70026 PAYMENT BOND - 2 GB - STATE & LOCAL (620) (7 /24 /00) CERTIFICATE AS TO CORPORATE PRINCIPAL I, bm- wey1i'_ certify that I am the Pm ), Tmacs.1 Toms. Secretary of the corporation named as principal in the attached bond, that AvL who signed the said bond on behalf of the principal was then efe of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) �DA �f X'241�� Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. 10 RVPUB\DRD1570026 PAYMENT BOND - 4 GB - STATE & LOCAL (620) (7124/00) It r_ei iFnnN1A ALL- PURPOSE ACKNOWLEDGMENT State of California County of LOS a067E 1-65 CIVIL CODE § 1189 On MARC," rr� 2DI3 before me, Jose U l.oza.►Jo MoTA? q -PUBLIC, Date Here Insert Name and Title of the Ulcer personally appeared DEBRA R 2e NKE Name(z) of signer(s) JOSE U. LOMO COMM. #1992285 m fA Notary PUbkM C8Nt0mla YJ LOS ANGELES COUNTY My Comm. Exp. SEPT 27 2016 who proved to me on the basis of satisfactory evidence to be the person(s) whose nameV) (Dare subscribed to the within instrument and acknowledged to me that he s 1 they executed the same in hisCE heir authorized capacity(jes'), and that by his4otheir signature(g on the instrument the person(4, or the entity upon behalf of which the person(A 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: Place Notary Seat Above Sign 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: J!N MENr (M6'13612 -1 t?L AND �48DrQ -� BOA) 0U Document Date: Number of Pages: �VfZ Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual a LI Partner — ❑ Limited ] General Top or thumb here ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): R Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact n Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Item 15907 a 2010 National Notary Association • Nattonatnotary.org • 1 -ow-0 1.v1...,, 1— ... I CALIFORNIA • ACKNOWLEDGMENT a a _I'll, a ?a State of California County of Orange On before me, Irene Luong, Notary Public e Here Insert Name and Title of the Officer personally appeared Shawn Blume Name(s) of Signer(s) IRENE WONG Commission # 1883838 Z '' Notary Public - California z Orange County D My Comm. Expires Mar 22, 2014 Place Notary Seal Above 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 Signature OPTIONAL Public Though the information below is not required by law, it may prove valuable to pdrsons relyingan1he 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: Shawn Blume ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER •. of Number of Pages: Signer's Name: A Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator E Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER •• of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Boot 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1- 80P876.6827 a CITY OF ARCADIA PAINTING & WOOD REFINISHING SERVICES CONTRACT PART "F" PERFORMANCE BOND RVPUBOP,D1562370 GB - STATE & LOCAL (610) (724/00) PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. LAX210592 Premium listed on performance bond PERFORMANCE BOND Executed in Three Originals WHEREAS the CITY OF ARCADIA (also herein "City ") has awarded to B & P PAINTING, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the PAINTING & WOOD REFURNISHING 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 April 13, 2011, as amended by Amendment No. 1 dated May 8, 2012, and further amended by Amendment No. 2 dated (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we B & P Painting, Inc. the undersigned Contractor, as Principal, and American Safety Casualty Insurance Company a corporation organized and existing under the laws of the State of Oklahoma , 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 FORTY -THREE THOUSAND SEVEN HUNDRED AND TWENTY DOLLARS AND NO CENTS ($43,720.00), said sum being not less than 100% of the total amount payable by the said City 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 City, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. RVPUB\DRD\562370 PERFORMANCE BOND - 1 GB - STATE& LOCAL (610) (7/24/00) The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this Ist day on February , 20 13 . B & P Painting, Inc. Principal /Contractor President American Safety Casualty Insurance Company Surety By: n-Fact Shawn Blume The rate of premium on this bond is $30.00 The total amount of premium charged, $ 1,312.00 (The above must be filled in by corporate surety.) per thousand. RVPUB\DRD1562370 PERFORMANCE BOND - 2 GB- STATE & LOCAL (610)(7 /20/00) CERTIFICATE AS TO CORPORATE PRINCIPAL Debi �" , Pewne -- , certify that I am the resit -e I+- / re- c- / Secretary of the corporation named as principal to the within bond; that L� R • Pe.)(Ly- who signed the said bond on behalf of the principal was then Tre6iaPg4-f of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) L,2& i Signature c- ( /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) r_ei irnamm ALL- PURPOSE ACKNOWLEDGMENT State of California County of LOS f O&E- LAS - CIVIL CODE § 1189 On MARcH (0 ZD13 before me, Josh U LazA7.lo 11oTAR`e :PUBLAC. Date Here Insen Name and Title 01 the officer personally appeared Eme(s)ol Signer(S) who proved to me on the basis of satisfactory evidence to be the person(AY) whose name(,) (stare subscribed to the within instrument and acknowledged to me that heAoVthey executed the same in his(gr iltheir authorized capacity(les'), and that by his4otheir signature(g) on the instrument the person(al, or the entity upon behalf of which the person(A acted, executed the instrument. JOSE U. LOZANO COMM. #1992285 m I certify under PENALTY OF PERJURY under the Notary Pubk- cowwrAs 0 laws of the State of California that the foregoing W LOS ANGELES COUNTY paragraph is true and correct. MY Comm Exp. SEPT 21 2016 WITNESS my hand and official seal. Signature: L-7q.1' Plac e Noary Seal Above nae of Notary abr 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: MIZ rOR MANCC 90J I) Number of Pages: lborz. Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): ❑ Individual Ii Partner — ❑ Limited C.] General Top of thumb here ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: a 2010 National Notary AssOCraaon • nanana-pa - ...... — - -- Signer's Name: ❑ Corporate Officer - Title(s): F1 Individual M. lei ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact n Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Item 15907 CALIFORNIA • ACKNOWLEDGMENT State of California County of Orange On before me, Irene Luong, Notary Public Date Here Insert Name and Tile of the Officer personally appeared Shawn Blume Names) of Signer(s) IRENE LUONG Commission # 1883838 z; W. Notary Public - California z z Orange County r My Comm. Expires Mar 22, 2014 Place Notary Seal Above 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 Signature OPTIONAL Though the information below is not required by law, it may prove valuable to *rsons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Shawn Blume ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing RIGHT THUNIBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NatiorWNotaryorg Rem x5907 Reorder: Call Toll-Free 1-800 -876 -6827 NUMBER LAX210�92 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constitute and a000ints Shawn Blume its true and lawful attorney -in -fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Forty Three Thousand Seven Hundred Twenty Dollars (543,720.00) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the dh day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings_ recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in- fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company when: (i) when signed by the President or any Vice- President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice- President or Secretary or Assistant Secretary, and counter - signed and sealed (if a seal is required) by a duly authorized attorney -in -fact or agent: or (m) when duly executed and sealed (if a seal is required) by one or more attorney -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorrey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this a day of August, 2009 f1 5t s fur {mil ��r�. . t� is Ambut Jain r. Joseph D. Sc o o r. 7581 F. STATE OF GEORGIA COUNTY OF COBB j " fill at�t�'�` -° On this 6'h day of August, 2009, before me personally came Joseph 0. Scollo, Jr., to me known, who, being by me duly swom, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument: that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order j JAMI BAILEY Notary Public, Hall Co., GA My Commission Expires Aug, 13, 2012 Ja i alley, otary Public I, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. G* Signed and sealed in the City of Atlanta, in the State of Georgia Dated this day of "� G r1i C lJ/ 1 � 1 �yit, Arnbuj Jain ^Yx." ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUCTION WITH THE ORIGINAL AMENDMENT NO. 1 TO THE PAINTING & WOOD REFINISHING SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND B & P PAINTING, INC. This Amendment No. 1 ( "Amendment No. 1") is hereby entered into this day of 2012 by and between the City of Arcadia, a municipal corporation of the State f California, and B & P Painting, Inc., a California Corporation with respect to that certain Agreement between the parties dated April 13, 2011 ( "Agreement "). The parties agree as follows: 1. Pursuant to Section 3.3.4 of the Contract, the Term is hereby extended to April 13, 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 Cy; r A Dominic Lazza eta City Manager Dated: t.A a I" — Qa ATTEST: APPROVED AS TO FORM: 66� Stephen P. Deitsch City Attorney CONCUR: Tom Tait, Public Works Services Director Page 1 of 1 CITY OF ARCADIA PAINTING & WOOD REFINISHING SERVICES CONTRACT R VPUBVDRD1562370 GB - STATE & LOCAL (610) (7/24/00) Bond No. LAX210592 Premium: $1,312.00 PERFORMANCE BOND Executed in Three Originals WHEREAS the CITY OF ARCADIA (also herein "City") has awarded to B & P PAINTING, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the PAINTING & WOOD REFURNISHING 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 April 13, 2011, as amended by Amendment No. 1 dated (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we B & P Painting, Inc. , the undersigned Contractor, as Principal, and American Safety Casualty Insurance Company I a corporation organized and existing under the laws of the State of Oklahoma , 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 FORTY-THREE THOUSAND SEVEN HUNDRED AND TWENTY DOLLARS AND NO CENTS ($43,720.00), said sum being not less than 100% of the total amount payable by the said City 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 City, 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. RMBORM562370 PERFORMANCE BOND - 1 GB - STA,rr & LOCAL (610) (7/24/00) Title of Document: Date of Document: Number of Pages: M -/ State of California ) ) SS. County of Los Angeles ) On . a & / before me, M. Rosemary Lyons, Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name Ist is/ ubscribed to the within instrument and acknowledged to me that he //-they executed the same in his /h. r their authorized capacity , and that by his /h if signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for notary stamp) 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 6th day on April 12012 B & P Painting, Inc. Princip al / tractor President ----� American Safety Casualty Insurance Company S u rety By: C� A;ttor4nZi -Fact ephanie Hoang The rate of premium on this bond is $30.00 per thousand. The total amount of premium charged, $ 1,312.00 (The above must be filled in by corporate surety.) RVPUB\DRD\562370 PERFORMANCE BOND - 2 GB - S1 ATE & LOCAL (610) (7/24/00) (Corporate Seal) Sig baTu-re/ \ 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) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange I On . �, I � I I �[— before me, Irene Luong, Notary Public DA Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) 'x N U 0 rrl, ry # 188 27 a I i f c. r n a Z Z > 6 �V Gl)flliil� 22, 20 Place Notary Seal Abovr, who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is /are subscribed to the within instrument and acknowledged to me that 1-ie/she/thay executed the same in-his /her /their authorized capacity(ke�8), and that by lots /her /their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h an ial I. Signature_ Signature of otary Public,,_ OPTIONAL -41 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: Stephanie Hoang ❑ Individual ❑ Corporate Officer —Title(s):— ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s)-.- ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: (�)200/ National Notary Association -9350 DL Solo Ave., RO. Box 2402 -Chalsworth, CA 91313-2402 • wwwNatj0nalNola!y.ofq I torn !45907 Reordor :Call Foil-Free 1 -B00 -876 -6827 PAINTING :; WOOD REFINISHING SERVICES -. PART "Gyl PAYMENT BOND RVPUSVDRD \570026 GB - STATE & LOCAL (620) (7124100) Bond No. LAX210592 Premium listed on Performance Bond PAYMENT (MATERIAL & LABOR) BOND Executed in Three Originals WHEREAS the CITY OF ARCADIA (hereinafter "City") has awarded to B & P PAINTING, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the PAINTING & WOOD REFURNISHING 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 April 13, 2011, as amended by Amendment No. 1 dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we B & P Painting, Inc. , the undersigned Contractor, as Principal and American Safety. Casualty Insurance Company I a corporation organized and existing under the laws of the State of Oklahoma 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 FORTY-THREE THOUSAND SEVEN HUNDRED AND TWENTY DOLLARS AND NO CENTS ($43,720.00), said sum being not less than 100% of the total amount payable by said City under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the RVPUBU)RD1570026 PAYMENT BOND - 1 GB - STATE & LOCAL (620) (7/24100) Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in anyway 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 orto the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 6th day on April )20 12 . B & P Painting, Inc. Principal' ntracto , By: to, President American Safety Casualty Insurance Company Surety By: Attorney -A -Fact , hanie Hoang RVPUB'DP,D\570026 PAYMENT BOND - 2 G11 - STATE & LOCAL (620) (7124/00) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Los Angeles ) On e2 C® -/,7 before me, M. Rosemary Lyons, Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the personas) whose name '(-A is subscribed to the within instrument and acknowledged to me that he /sbe#Jiey executed the same in his/hey ' --authorized capacity ), and that by his /h signatur n the instrument the person (s), or the entity upon behalf of which the perso 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. DAM-V, R–O'Ay'p— I certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then JPP-e-6i - of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. RVPUB'kDRD\570026 PAYMENT BOND - 4 GB - STATE & LOCAL (620) (7/24100) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of Orange i On � I � /I D_ before me, Irene Luong, Notary Public ' Date I * Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) "d t. Notary < rn Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is /are subscribed to the within instrument and acknowledged to me that 4-ie/she/thay executed the same in-his /her /their authorized capacity(iG'S), and that by h s/herftheir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h d aficia Xel. Signature Signature of N Lary Pulbli�� ; OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s):® 1771 Partner — F-I Limited 171 General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: ❑ Other: Signer Is Representing: 4)2001 National Notary Association -9350 Do Solo Ave., RO. Box 2402 -Chatsworlh, CA 91313-2402 • www.NationnlNolarvorg Item 5907 Reorder: Calf Toll -Fred t -800- 876 -6827 LAX"' it POWER OF ATTORNEY KONG ALL MEN BY THESE PRESENTS that Arnedcarr Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constr(ute and ainDo4ts Stephanie Hoang Is true and lawful attorney-in-fact, for R and its narne, place, and stood to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of sunatitship to be given to ALL OBLIGEES provided that two bond or undertaking or contract of suretyship executed under We authority shelf exceed in amourittler sum of Forty Three '11immind Seven Hundred Twenty DoRrArs, { $43,720.06) This Power of Attorney is granted and is signed and sealed by t mile under and by the anatomy of the following ReSolUtion adopted by the Board of Directors of the Company of the d" day of August, M09. RESOLVED, that the President in conjurrdion &#h the Secretary or any Assistant Secretary May oppoifri, attorneys -in -fact or agents with a ut1hority as donned or limited in the Instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings. recognizances, and suretystilp obligations of all kinds" and said afficers may remove any such attorney-In- fact or agent and revoke any power of attorney previously granted to such parsome. RESOLVeD FURTHER, that the signature of any authorized off"r and the 6091 of the Company, may be affixed by facsimile to any power of attorney or oefflincation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the some force and affects, as though manually affixe& signed by Its Presidere and attested by Is Secretary trils e day of August, 2009 A t: M66`1 " Jain STATE OF GEORGIA immv�� On this 6"' day of August, 2009, before me personally come Joseph 0- Rollo, Jr,, to me known, who, being by me duly award, did depose and say that he Is the President of Arnefican Safety Casualty Insurance Company, the corporation described In and which executed the above instrument: that he knows the seal of the said corporation: that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, JAMI BAILE�Y Notary public, Hall Co,, GA s 4"s, My Commission Expires Aug. 13, 2019 Js I Afloy, wary pudic h the said Power of Attorney, is now in force, Signed and sealed in the City of Atlanta, in the State of _W� Dated thl("-' day of 7 (PROJECT NO. PAINTING & WOOD REFINISHING) /100 - CONTRACT FOR THE CITY OF ARCADIA �- . ''.) PAINTING & WOOD REFINISHING SERVICES CONTRACT FOR VARIOUS FACILITIES 1. PARTIES AND DATE. 2 This Contract is made and entered into this J�h day of Ant 2011, by and between the CITY OF ARCADIA (hereinafter called the "City ") and 1§ & P PAINTING, 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 JANUARY 17, 2011, has submitted a bid proposal for PAINTING & WOOD REFINISHING SERVICES 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 March 7, 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 (505/507/660) (7/24/00) (PROJECT NO. PAINTING & WOOD REFINISHING) Part "F" - Performance Bond Part "G" - Payment Bond The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. Contractor, s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work for the BASE BID SCHEDULE I - Items 1 through 6 necessary to fully and adequately complete PAINTING & WOOD REFINISHING 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 FORTY - THREE THOUSAND SEVEN HUNDRED AND TWENTY DOLLARS AND NO CENTS ($43,720.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 Period of Performance. The term of this Contract shall be for one (1) year starting from the date of execution, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. PAINTING & WOOD REFINISHING) 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 contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. RVPUB\DRD \570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. PAINTING & WOOD REFINISHING) 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 B & P Painting, Inc. 31 E. Santa Clara St. Arcadia, CA 91006 Attn: Craig Penne President City City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Dave McVey, General Services Superintendent Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA By: Donald Penman City Manager ATTE T: a gAl Approved as to Form: By: & p,�„ 0. Stephen P. Deitsch City Attorney B & P Pain . Inc. By: Title RVPUB\DRD \570015 CONTRACT-4 GR - RTATF ,, 7 OCAI isnaianviFFm i�nninm (PROJECT NO. PAINTING & WOOD REFINISHING) 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 C c By: Signature Name ` p-& GQe-4 Title Date RVPHR\nRnW7nn1 s CONTRACT (EXHIBIT A)