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1995-1018_BRONGO CONSTRUCTION_Labor & Materials Bond r LABOR AND MATERIALS BOND • BOND NO: B95-013078 PREMIUM INCLUDED IN THE PERFORMANCE BOND KNOW ALL NEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to BRONCO CONSTRUCTION , License No. 642947 hereinafter designated as "Principal", a contract for RIVER STREET DRAINAGE IMPROVEMENTS, CIP NO. 145 and _ WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams 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, the Surety or this bond will pay the same. NOW, THEREFORE, we BRONCO CONSTRUCTION Principal, and ULICO CASUALTY COMPANY as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of FOURTEEN THOUSAND AND NO11OO------------------- DOLLARS ($ 14,000.00-----------), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or asiigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, :hat the Surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit .s brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond LH-1 shall inure to the benefit of any and all persons, companies and corporations entitled to file claims undewd act, so as to give a right of Dion to them or their assigns in any suit brought upon this bond. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face _ amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred _by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 18TH day of OCTOBER 19 95 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. BRONGO CONSTRUCTION PRINCIPAL gY ULICO C SUALTY CO SU Y JAMES W. MOILANEN, ATTORNEY-IN-FACT APPROVED AS TO FOR CITY ATTORNEY Page 2 - Labor h Materials Bond LK-2 • ULICO • CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington,DC 20001 o r ® ' ' 053 POWER OFATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington,DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: 'That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute PowersofAttorney,qualifying the attorney named in the Powers-ofAttorneyto execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business.' RESOLVED: 'That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT.. lames W. Moilanen, Mike Parizino, Margareta T. Hier(, Mechelle Hua, Judith K. Cunningham, and John M. Garrett of Willis Corroon Corporation of Orange County, in Santa Ana, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION($3,000,000.00)DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Uhco Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 27th day of July 1995. This Power of Attorney is void unless the seal is readable, the text is in black ink the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Caste/ty Co y SU P L T Y '�/�g�[r/ pP PPOgy 00 Mt O/;EADistrict of Columbia ss: o SEAL J/i g ' 1\\oFtgw pP�� Robert A.Georgine,Chairman and Chief x utive Officer On this 27th day of July 1995, before the subscriber,a Notary Public of the District of Columbia,duly commissioned and qualified,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. 0P��4 T NOTARY By: \ PUBLIC A Notary Pu4j., bro Brown Ai$ooks /ar� My Commission Expires- "C u , CERTIFICATION My Commission DOW April 14, 1999 1,Joseph A. Carabi(le, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correc4 and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,have hereunto set my hand and affixed the se t the corporation this 18TH d y OCTOBER 199 _. ®r\� °"LrSEAL er-s>v Carabillo, srann[ ec UCB-102-POAI(09/94) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On OCTOBER 18, 1995 before me, J.K. CUNNINGHAM Notary Public Date Notary personally appeared JAMES W. MOILANEN Name of Sigter(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose 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 J. K CUNNWGHAM �f instrument. 'j970362 WITNESS my hand and official seal. �— 0;:krlC'F C:OtlNTY N r✓IY 60i 'I::SIWI IXPI4eS SEP. 30, 1996 ` Si Lure of Notary �4b:L.'. ...@.! •e .$�. ILough the data below u not requaed by law,it may prove valuable to per o relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLES(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES Rll{pTTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE