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12-0926_HARDY & HARPER, INC._Construction Agreement
0 0 CONSTRUCTION AGREEMENT [Work Under $30,000] � A THlaAGREEMENT is made, entered into, and shall become effective this day o(u'!W12, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Hardy & Harper, Inc. (hereinafter referred to as the "Contractor"), RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to remove the existing landscaped median island and appurtenant work on Rancho Viejo Road at the Junipero Serra Road intersection; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scone of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Seventeen Thousand Seven Hundred Twenty One Dollars and Ninety Cents ($17,721.90) as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 0 0 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assianment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 0 0 Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. fRESERVEDI. Section 12. Performance Bond, and Labor and Material Bond. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this agreement and guaranteeing payment of all labor and material used under this agreement, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the agreement, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this agreement and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this agreement. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance Bonds, and Labor and Materials Bonds shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful 3 0 0 conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Hating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 3 0 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policylpolicies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 0 • To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Contractor: Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, California 92705 Attn: Steve Kirschner Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Hans Van CIT 0 CON R By. Steve Kirschner, Hardy & Harper, Inc. 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of A .. _ I On SepternIng 19. 20,-2-- before me, , aNAA&of iha Officer personally appeared Steve Signar(s) Description of Attached Document Title or Type of Document: Agreement Document Date: Septamlaer 13, onto Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner ❑ Individual X Corporate Officer —Title(s):v,e pregnant ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02W714ational Notary Assodetlom9350 De Soto Aw., P.O.8=2402•Chat orth, CA 913132402,w NationelNotaryorg Itemtl5907 Reorcec Call Toil-Fme1-90P376Sa who proved to me on the basis of satisfactory evidence to be the person(0) whose name(g) is/am subscribed to the within instrument and acknowledged to me that he/shePomy executed the same in hislhw/ttir authorized capacity(ise), and that by his/Ior/their signature(r) on the instrument the person(@), or the entity upon behalf of JO -ANN LYONS which the person(g) acted, executed the instrument. . COMM. #1841329 n 4 < a Notary PobfiORANGE . ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws My caaua.EcVires Apr. 17.2013 K of the State of California that the foregoing paragraph is true and correct. WITNES m and and ffVcial seal. Signature Place Notary Seal Above Signature of Notary Pu is 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: Agreement Document Date: Septamlaer 13, onto Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner ❑ Individual X Corporate Officer —Title(s):v,e pregnant ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02W714ational Notary Assodetlom9350 De Soto Aw., P.O.8=2402•Chat orth, CA 913132402,w NationelNotaryorg Itemtl5907 Reorcec Call Toil-Fme1-90P376Sa EXHIBIT "A" ardy & Harper, Inc. Proposal #: 52393 4,1�/'`',.` Page 1 of 2 "^Z% MEMBER OF 1112 E. WARNER AVE. SANTA ANA. CALIFORNIA 92705 17141444-IVSI FaxIT 141444-2901 STATE I.C. N0. 21$952 ATTN: 1A ( CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 Associated General Contractors of America Tustin Chamber of Commerce Better Business Bureau Date: 09-05-2012 Job Name / Locafon RANCHO VIEJO RD. MEDIAN We propose to furnish required labor, material and equipment to perform the following described work in a good and workman -like manner. EXISTING LANDSCAPED MEDIAN ISLAND REMOVAL: 1) REMOVE AND DISPOSE OF CURB & GUTTER (PINNED) 2) REMOVE AND DISPOSE OF ROCK FACADE ON ISLAND NOSES 3) REMOVE LANDSCAPING 4) REMOVE IRRIGATION LINES, SALVAGE SPRAY HEADS, VALVE BOXES, ETC. AND CAP EXISTING IRRIGATION SOURCE FEED (3 - 3" PVC SLEEVES) 5) REMOVE AND SALVAGE TRAFFIC SIGN / ITEMS (1) THRU (5) .... $ 7,380.00 AC PAVING CONSTRUCTION'. 6) PLACE 5" AC i 17" CMB APPROX 1155 SF ..... $ 8,980.00 1 BID EXCLUDES SEAL COAT. 2 BIO BASED ON (1) MOVE -IN. 3 STRIPING MAY BE SEPARATED FROM BID AND AWARDED SEPARATELY. 4. OVERNIGHT TRAFFIC CONTROL SET -UP $1, 100.09 TOTAL -AMOUNT: $17,721.90 1 This proposal is a two page agreement and is subject to all Terms and Conditions on Page 2. HARDY & HARPER INC. Owner or Contractor (Title) 8" rye i Name of Lender Steve Kirschner Estimator (NAME) (TITLE) & Harper, Inc. 1012 E. WARNER AVE. SANTA ANA. CALIFORNIA 92705 a 1414441951 Fox 141 41 444-2801 9TA1E Lit. N0. 215952 ATTN'. ALAN OSWALD CITY OF SAN JUAN CAPISTRANO 32400PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 TERMS AND CONDITIONS OF CONTRACT: • Proposal #: 52393 Page 2 of 2 MEMBER OF. Associated General Contractors of America Tustin Chamber of Commerce Better Business Bureau Date: 09-05-2012 Job Name / Location: RANCHO VIEJO RD. MEDIAN In this agreement Contractor means Hardy & Harper, Inc. and owner means owner andlor any general contractor andlor agent or owner. This is a proposal per owners request, not a compete property evaluation. 1. Standard Exclusions: Engineering, Soils Test, Pemtlls, Compaction Test and/or Inspection Fees unless noted. 2. Prices are firm for thirty(30) days from the date of the proposal unless otherwise stated. 3. Owner agrees to indemnity contractor from any claim or suit for bodily injury or property damage arising from the design car shuction or installation of speed bumps or wheel stops. 4. Any changes required by owner shall be authorved in writing and paid by owner at contractors prevaGing rates unless quoted and agreed upon in writing. 5. Owner agrees to furnish to jobsite necessary and adequate water supply at owner's expense. 6. Contractor assumes no liability for damage to underground pipes, septic tanks, cesspools or other underground structures; and any extra expense caused by the contractor by the existence or location thereof shall be charged to buyer. 7. Owner agrees to pay attorney's and Court costs in event suit is instituted to collect amounts due contractor. 8. If work is performed according to owners specifications of labor and materials, contractor does not assume responsibility for the defects. Il. If work is to be performed by contractor to provide labor and material in a workmanlike manner to accomplish the owners purposes, contractor agrees to repair or replace any defects of which owner gives notice to Contractor within 5 days after completion of work. 10. Delays or damage caused by building trades other than contractor not employed by contractor, shat be owners responsibility. 11, Contractor shall be responsible for clean-up and removal of contractor's work and materials only. 12. If asphalt compaetb, tests are required by customer or agency, t`'ese must be performed while asphalt is being 'aid- Tests performed at a later cafe are not an acceptable method, and we assume no responsibility for those results. 73. Contractor is not responsible for proper drainage If grade is less plan 1°%. 14. Grades are to be furnished plus and minus one tenth( 10) of a fool with did to balance. 15. Jobsite must be acessable to heavy equipment. NOTICE IS HEREBY GIVEN THAT WORK AND MATERIAL FURNISHED BY CONTRACTOR MAY SUBJECT THE PROPERTY ON WHICH SAID WORK IS PERFORMED TO THE LIEN LAWS OF THE STATE OF CALIFORNIA PURSUANT TO SECTION 1193 OF THE CODE OF CIVIL PROCEDURE OF SAID STATE. CUSTOMER ACKNOWLEDGES THAT HE HAS RECEIVED A LEGIBLE COPY OF THIS TWO PAGE PROPOSAL Payment in full upon completion or it is agreed that 1% per month will be charged when account becomes overdue. PREMIUM IS FOR CONTRACT TER* AND IS SUBJECT TO ADJUSTMENT . This bond was executed in three (3) BASED ON FINAL CONTRACT PRICE Bond No. 0600975 identical counterparts. PERFORMANCE BOND Premium: $167.00 KNOW ALL MEN BY THESE PRESENTS: That Hardy & Harper, Inc. International Fidelity as Principal, hereinafter called CONTRACTOR, and Insurance comnanv as Surety, hereinafter called SURETY, are held and finely bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter piled CITY, in the amount of Seventeen Thousand Seven Hundred Twenty One and 901100 ($17,721.90) Dollars for payment whereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Rancho Viejo Road at the Suninero Serra Road Intersection which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. PB -1 0 0 2. 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 obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this I?th day of September 2012, at California. PRINCIPAL Hardy ,p Harper, Inc. (a � APPROVED AS TO FORM (N6TARIZATION AND SEAL) HANS VAN LIGTEN, CITY ATTORNEY PB -2 SURETY International Fidelity Insurance Company (NOTARIZATION AND SEAL) Dwight Reilly Attorney -In -Fact 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of elctnye I On before Se jo-Ann �Tv of Me Slicer personally appeared Jo -ANN LYONS COMM. *1941329 -a Notary PublicLalifornia ORANGE COUNTY MY Conun. Etplrea Apr. 17, 2013 who proved to me on the basis of satisfactory evidence to be the person(*) whose name(e) is/an subscribed to the within instrument and acknowledged to me that he/sWt1iny executed the same in his/hw/Mmir authorized capacity(iee), and that by his/W&AWr signature(a) on the instrument the person(e), or the entity upon behalf of which the person(*1 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 nd and fFcial seal. Signature Place Notary Seal Above Signature of Note y P lir 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: Performance Bond Document Date: September 17, 2012 Number of Pages: 9 Signer(s) Other Than Named Above: Dwight Reilly Capacity(les) Claimed by Signer(s) Signer's Name: Steve K mrhner Signer's Name: ❑ Individual ❑ Individual S Corporate Officer — Title(s): V ce pr.c dont ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 021X7NaW.I Notary Aesoclatlon 9350 De Soto Ave., PO.Bo M2 Chatsworth. CA 91313 -2A02 -w NationalNolary.org Item #5W7 Reorder Call Tdl Freel-800.876-8827 0 0 ACKNOWLEDGMENT State of California County of Orange ) On September 17, 2012 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/slrKd ay executed the same in his/herftzir authorized capacity(tes), and that by hislher/ E 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. ' '; .z11F-,17P7U);.`die Tel (9?3)524.7200 SPOWER OF ATTORNO Bond No. 0600975 INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorneyfs)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writinggs obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute rule, reeggulation, contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCt COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. of Attorney is executed, and may be revoked, pursuant to and by authority of the B -Laws of INTERNATIONAL FIDELITY INSURANCE and ALLEGHENY CASUALTY COMPANY and is granted under and by authorrtY of the followin gg resolution adopted by the Board of Directors ATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201D and by the Board of Directors of ALLEGHENY COMPANY at a meeting duty held on the 15th day of August, 2000: D that (1) the President, Vice President, or Secretary of the Corporation shall have the ower to appoint, and to revoke the appointments of, -Oact or agents with power and authot as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation s Corporations seal thereto, bonds, undertakings, recognizances, contracts of mdemniN and other written obligations in the nature thereof or eto; and (2) any such Officers of the Corporation may apprnnt and revoke the apgointmenfs of joint -control custodians, agents for acceptance of d Attomeys-m-fact with authority to execute waivers and consents on behalf of the Corporation; and f3) the signature ofany such Officer of the and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, e contract of indemni{v or other written obligation in the nature thereof or related thereto, such signature and seats when so used whether r hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vico President/ChiefOperating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. �ttY V Z, 1%, . *U¢pTA eut / // A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 -""'•�••��"'- CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 17th day of September, 2012 0 0 PREMIUM IS FOR CONTRACT TERM This bond was executed in three(3) .AND IS SUBJECT TO ADJUSTMENT Bond No. 0600975 BASED ON FINAL CONTRACT PRICE. identical counterparts. Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Orange County, California, has awarded to Hardy & Harper, Inc. License No. 215952 hereinafter designated as 'Principal", a contract for Rancho Vieio Road at the Juninero Serra Road Intersection 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 Hardy & Harper, Inc. Principal, and International Fidelity Insurance Company ,as surety, are held finely bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Seventeen Thousand Seven HundredTwentv One and 90/100 DOLLARS ($17.7 21. 9 o 1, 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 assigns, 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, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit Is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite 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. LB -1 0 0 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in 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 onthe 17th dayof Septemher .2012. 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. APPROVED AS TO FORM HANS VAN LIGTEN, CITY ATTORNEY LB -2 International Fidelity Insurance Company SURETY By wig t Rei -ii Attorney -In -Fact E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of F) A On SepteiniM 19. 281-2— before me, jo-Anm, LyeWNQ�WPMftof Me Officer personally appeared Signer(e) who proved to me on the basis of satisfactory evidence to be the person(&) whose name() is/ape subscribed to the within instrument and acknowledged to me that he/sheAfty executed the same in his/her/timir authorized capacity(iaa), and that by hi"AhOtr signature(d) on the instrument the person(*, or the entity upon behalf of which the person(p) acted, executed the instrument. JO -ANN LYONS COMM. #1,841329 M I certify under PENALTY OF PERJURY under the laws Notary Public -California of ORANGE COUNTY L of the State of California that the foregoing paragraph is 'My Comm. Expires Apr. 17.2013 true and correct. WITNESkrnry, hand aneofficial seal. Signature i Place Notary Seal Above Signature of N.umcublic 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: Labor and Material Bond Document Date: September 17 2012_-- Number of Pages: 9 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: ❑ Individual ❑ Individual K Corporate Officer —Title(s):vicePr,ecfent ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General_ _ _ [IPartner —❑ Limited El General _IMMI! 110JAWN.110111 _ ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy & Himpet, III,. ®2007 National Notary Association, 9350 be Soto Ave.. P.O. Box 2402 -Chatsworth, CA 91313-2402-w NaficnalNotatyorg Item#5907 Reomar Call Toll -Ree 1-800-876-6827 0 State of California County of c ACKNOWLEDGMENT E On September 17, 2012 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/stt fty executed the same in his/herAh& authorized capacity(ias), and that by hislhefto& 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, 'eLxa % L-__ Susan Pugh d _ N r (Seal) - ...__. r r'k' .:,.,t may za -yji 3'/4 x. , .. 7, ':,r3$ ,v, `4' i ,c k"✓ M Tel(973)624-7200 SPOWER OFATTORNO Bond No. 0600975 INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey_ and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of oy cvuouauae ani DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, reeggulation contract or otherwise and the execution of such instrument(s) inpursuance of these presents, shall be as binding upon the said INtERNATIONAL hDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their ryegularly elected officers at their principal offices. y ry y COMPANY and ALLEGHENY CASUALTY COMPArevoked, Y and hs granted under and by authority of the tollowingsresolution INTERNATIONAL FIDELITY Board INSURANCE ireectr of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duty held on the 15th day of August, 2000: "RESOLVED that (1) the President, Vice President, or Secretary of the Corporation shall have the er to appoint, and to revoke the appointments of, Attorneys -in -fact or agents with power and authors as defined or limited in their respective powers of a�tforney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnittyy and other written obliggations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the aprintmenfs of joint -control custodians, agents for acceptance of process, and Attorneys -m -fact with authority to execute waivers and consents on behalf of the Co ration; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed byY 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 seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Grorporation wi the same force and effect as though manually affixed" IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. ""r O STATE OF NEW JERSEY County of Essex 1936 �- ROBERT W. MINSTER Executive Vice PresidenUChief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, +�"µ,�.......,,,��y at the City of Newark, New Jersey the day and year first above written. ?� p-�y{Y ;Cy..ap4A,p}, 1 r A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify Ihat I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 17th day of September, 2012 PRUMIUM IS FOR CONfRACIILRMO AND IS SUHJUC9"PO AUJUSI'MLM This bond was executed in three(3) RAsuDONHNAI_ CONIRAC'PPRICB. Bond No. 0600975 identical counterparts. PERFORMANCE BOND Premium: $167.00 KNOW ALL MEN BY THESE PRESENTS: That Hardy & Harper, Inc. International Fidelity as Principal, hereinafter called CONTRACTOR, and Insurance company as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in the amount of Seventeen Thousand Seven Hundred Twenty One and 90/100 ($17,721.90) Dollars for payment whereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assigns, jointly and severalty, fairly by these presents. WHEREAS, Contractor has by written agreement dated ,entered into a (describe agreement): Rancho Viejo Road at the Junipero Serra Road Intersection which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right It may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. PB -1 0 0 2. 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 obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 17tH day of sent -ember 2012, at Cranae .Cailfomia. PRINCIPA Hardy & arper, I APPROVED AS TO FORM (NO RIZATION AND SEAL HANS VAN LIGTEN, CITY ATTORNEY SURETY International Fidelity Insurance Company (NOTARIZATION AND SEAL) Dwight Reilly Attorney -In -Fact &AW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of nlalllta J} On before me, , eWqjMof Ne Officer personally appeared sigrler(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/aes subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hwAlsir authorized capacity(ien), and that by his/WrAll signature(o) on the instrument the person(s), or the entity upon behalf of which the person(al 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. WITNES and and ial seal. Signature Place Notary Seal Above signature of Notary Publ oPrioNa� 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: Performance Bond Document Date: ceptember 17 2012 Number of Pages:? Signer(s) Other Than Named Above: Dwight Reilly Capacity(les) Claimed by Signer(s) Signer's Name: qtpvp K rq,.hnpr Signer's Name: ❑ Individual ❑ Individual % Corporate Officer—Title(s): vc= prpaj� ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER 0 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTNUMBPRINT OF SIGNER ®2007 National Notary Association- 9350 De Soto Ave., P.O. Box 24 -Chatsarorth, CA 91318-2402• vnHv.NafioralNotaryorg Item#5907 Reordor:Call Tol4FreelE 7"6 JO-ANNLYONS ` COMM. x1841329 ., Notary PublicCalifornia ORANGE COUNTY — My Conlin. Expires Apr. 17.2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/aes subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hwAlsir authorized capacity(ien), and that by his/WrAll signature(o) on the instrument the person(s), or the entity upon behalf of which the person(al 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. WITNES and and ial seal. Signature Place Notary Seal Above signature of Notary Publ oPrioNa� 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: Performance Bond Document Date: ceptember 17 2012 Number of Pages:? Signer(s) Other Than Named Above: Dwight Reilly Capacity(les) Claimed by Signer(s) Signer's Name: qtpvp K rq,.hnpr Signer's Name: ❑ Individual ❑ Individual % Corporate Officer—Title(s): vc= prpaj� ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER 0 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTNUMBPRINT OF SIGNER ®2007 National Notary Association- 9350 De Soto Ave., P.O. Box 24 -Chatsarorth, CA 91318-2402• vnHv.NafioralNotaryorg Item#5907 Reordor:Call Tol4FreelE 7"6 0 0 ACKNOWLEDGMENT State of California County of Orange ) On September 17, 2012 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/steetfhay executed the same in hisiher authorized capacity(oes), and that by his/herd& 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- \ Pj �= =e Signature 4l1, aX ).2 , ��s (Seal) Susan Pugh ..usTx;"!'aw' Tel(g73)624-7200 'OWER OF ATTORNE Bond No. 0600975 INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, reeggulation contract or otherwise and the execution of such insVument(s) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL MDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the I Sth day of August, 2000: (1) the President, Vice or agents with Dower an or or nen 3 upon to any power have the war to appoint, and to revoke the appointments of, powers of aottornay, and to execute on behalf of the Corporation indemnity and other written obligations in the nature thereof or reofjoint-control custodians, agents for acceptance of he Corporation; and (3) the signature of any such Officer of the or cerb""fificaGon g"an, r the execution of any bond, undertaking, ted thereto, such signature and seals when so used whether such officer and the original seal of the Corporation, to be valid IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/ChiefOperating Officer (International Fidelity Insurance Company) and President (Allegheny CasualtyCompany) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 PRFMIUM IS FOR CONTRACT .RM This bond was executed in three(3) ANDISSUJEMOADJUSl'MENr Bond No. 0600975 BASED ON FINAL( ON rRAC9 PRICE. identical counterparts. Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Orange County, Califomia, has awarded to Hardy & Barnet, Inc. .License No. 215952 hereinafter designated as "Principal", a contract for Rancho Viejo Road at the J nipero Serra Road Intersection 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 Hardy & Harper, Inc. Principal, and International Fidelity Insurance Company ,as surety, are held finely bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Seventeen Thousand Seven Hundred Twentv One and 90(100 DOLLARS ($17, 7 21.9 01, 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 assigns, or subcontractors, 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, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit Is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite 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. LB -1 0 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in 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 bythe Principal and surety herein named onthe 17th dayof Sentember ,2012. 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. APPROVED AS TO FORM HANS VAN LIGTEN, CITY ATTORNEY LB -2 International Fidelity Insurance Company SURETY By Dwigi�illy, Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of n'. .-P I On before personally appeared Stem KhWdRW signer($) Place Notary seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(fj is/ace subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(iea), and that by his/hOtRhM signature(v) on the instrument the person(s), 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 y h nd and o 'sial seal. Signature Signature Notary Pu m 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: Labor and Material Bond Document Date: September 1r2012 Number of Pages: Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner JO -ANN LYONS ',��ti,. ❑ Individual COMM. $1841329 r: . .. a Notary Public -California ;; MY ORANGE COUNTY � C9nun. Fxplres AUc 17,201 a Place Notary seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(fj is/ace subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(iea), and that by his/hOtRhM signature(v) on the instrument the person(s), 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 y h nd and o 'sial seal. Signature Signature Notary Pu m 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: Labor and Material Bond Document Date: September 1r2012 Number of Pages: Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: ❑ Individual ❑ Individual F Corporate Officer — Title(s): Vi,. pre=Iden. ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General _ _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0=7 NaMcnal Notary Association• Ms0 De Soto Ave., P.O. Box 2402 -Chat rth, CA 91313-2402• wmv.NabocbINMaryorg Item 05907 Reorder.CaOTdl-Free 1A00_678 7 0 ACKNOWLEDGMENT Slate of California County of Orange ) 0 On September 17, 2012 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/an subscribed to the within instrument and acknowledged to me that he/s lelthey executed the same in his/hence authorized capacity(tes), and that by his/ixenIlw a 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 C Susan Pugh �r i r N TY k. <92015� (Seal) �" INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute rule, reeggulation, contract or otherwise and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by their regularly elected officers at their principal offices. y authority y COMPANY aer nd ALLEGHENY CASUALTY COMPANrevoked, and is granted ur to and by auttrodty of the tollmingsresolu on INTERNATIONAL the Board INSURANCE of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201%and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: 'D that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, n -fact or agents with power and authority as defined or limited in their respective powers of attorney, and b execute on behalf of the Corporaon ie Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnitly�.. and other written obligatbns in the nature thereof or :reto; and (2) any such Officers of the Corporation may appoint and revoke the apppoointmenfs of joint -control custodians, ants for acceptance of id Attorneys -in- act with authority to execute waivers and consents on behalf of t9e Corporation; and f3) the signature o any such Officer of the and the orporation's seal may be affixed byy facsimile to any power of attorney or certi cation given for the execution of any bond, undertaking, ce, contract of indemnity or other written obfgaon in the nature thereof or related thereto, such signature and seals when so used whether or hereafter, being hereby adopted by the Corporation as the original siggnature of such officer and the original seal of the Corporation, to be valid I upon the Corporation with the same force and effect as though manuaK affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies, INTESTIMONY WHEREOF, I have hereunto set m , hand affixed my Official Seal, ••r•,,,,Y,,,,.. at the City of Newark, New Jersey the day and year first above written. �• -(p1Y VgZQ' .z Op keN -.V110 r►•.r A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 "••••�•••"" CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 17th day of September, 2012 •Tgl(973)624-7200 %OWER `3 OF ATTORNO Bond No. 0600975 INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute rule, reeggulation, contract or otherwise and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by their regularly elected officers at their principal offices. y authority y COMPANY aer nd ALLEGHENY CASUALTY COMPANrevoked, and is granted ur to and by auttrodty of the tollmingsresolu on INTERNATIONAL the Board INSURANCE of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201%and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: 'D that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, n -fact or agents with power and authority as defined or limited in their respective powers of attorney, and b execute on behalf of the Corporaon ie Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnitly�.. and other written obligatbns in the nature thereof or :reto; and (2) any such Officers of the Corporation may appoint and revoke the apppoointmenfs of joint -control custodians, ants for acceptance of id Attorneys -in- act with authority to execute waivers and consents on behalf of t9e Corporation; and f3) the signature o any such Officer of the and the orporation's seal may be affixed byy facsimile to any power of attorney or certi cation given for the execution of any bond, undertaking, ce, contract of indemnity or other written obfgaon in the nature thereof or related thereto, such signature and seals when so used whether or hereafter, being hereby adopted by the Corporation as the original siggnature of such officer and the original seal of the Corporation, to be valid I upon the Corporation with the same force and effect as though manuaK affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies, INTESTIMONY WHEREOF, I have hereunto set m , hand affixed my Official Seal, ••r•,,,,Y,,,,.. at the City of Newark, New Jersey the day and year first above written. �• -(p1Y VgZQ' .z Op keN -.V110 r►•.r A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 "••••�•••"" CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 17th day of September, 2012 10 ACll CERTIFICATE OF LIABILITY INSURANCEDATE(MWDCIIYYY) 9/17/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wood Gutmann & Bogart 15901 Red Hill Ave., Suite 100 Lic #0679263 NAME: Paula Mowles PHONE 7 7 A/C No: 7 EMAIL ADDR Ss: INSURERS AFFORDING COVERAGE NAIC# Tustin CA 92780 INSURERA:SCOTTSDALE INS CQ 41297 11/2013 INSURED HARDY -1 INSURER a 2URICH AMERICAN16535 INsutertc.GREAT AMER INS CO 10691 I lardy & Ilarper, Inc. INSURER D:Evanston Insuirance CQMDanv 1312 E. Warner Ave Santa Ana CA 92705 INSURER E: INSUR RF: COVERAGES CERTIFICATE NUMBER: 915RFi1Aan REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOF INSURANCE AD IL INSR SUBRI VI'VO POLICY EFF POLICY EXP POLICY NUMBER IMMDDlYYY`n IMMIDEVYYYY,LIMITS AUT REP TAT( ,V} A GENERAL LIABILITY fx C$0028236 /1/2012 11/2013 EACH OCCURRENCE $1,000,000_ COMMERCIAL GENERAL_ LIABILITY _ AFdAGFT�iRFNTFIf -- _ PREMIS 5 Ea o¢une — 5100.000 __— MED EXP (My One pnson) $excluded __ _ i',CLAIMSMADE X (OCCUR X XCU Included PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 X Cross Liability PRODUCTS � OOMPIOP AGG $2,000.000 ' GEN'L AGGREGATE LIMIT APPLIESPER-. POLICY PRO LOC $ B AUTOMOBILE LIABILITY SAP373645407 10/1/2011 0/1/2012 a accident) $1.000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OVANEO SCHEDULED AUros AUTOS BODILY INJURY (Per accident) E PROPERTY DAMAGE S er acedeM NON -OWNED X HIRED AUTOS X AUTOS CdUMBRELLA LIAR % OCCUR TUE595006910 /1@012 /112013 EACH OCCURRENCE $10,000,000 AGGREGATE 570,000,000 EXCESS LIAe C11:MADE DED RETEMIONE 3 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINLIM ANY PROPRIETORIPARTNERIE%ECUTIVE OFFICER/MEM BER EXCLUDED➢ ❑ NIA WC373645307 10/1/2011 IGIV2012 X VvLSTATU- OTH- ES E. L EACH ACCIDENT 51,000,000 EL DISEASE - EA EMPLOYEE 51,000,000 (Mandatory In NH) It yes. describe under DESCRI PTION OF OPERATIONS beb EL. DISEASE -POLICY LIMIT 51,000000 D Pollution Liability IICPLOO885 11/2012 /112013 $2,000,000 Ass $1,000,000 OCC DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Admen ACORD 101, Additional Remedies Schedule, If mon $Pace is fe lumid) Re'. Rancho Viejo Road Medium IF H&H Job # 18596 CERTIFICATE HOLDER VESTING: City of San Juan Capistrano, or any of its elective or appointive boards, officers, agents, or employees. GENERAL LIABILITY. Certificate holder is named as additional insured per the attached CG 20 37 07 04 and CG 20 33 07 04. See Attached... CFRTIMCATF Hni nFR rAMICI t AttnM . I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Juan Capistrano ACCORDANCE WITH THE POLICY PROVISIONS. 32400 Paseo Adelanto San Juan Capistrano CA 92675 AUT REP TAT( ,V} . I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AC RO V 11� 0 0 AGENCY CUSTOMER to: HARDY -1 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Wood Gutmann & Bogart NAMED INSURED Hardy & Harper, Inc. 1312 E. Warner Ave. Santa Ana CA 92705 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE SUPERCEDES PREVIOUSLY ISSUED CERTIFICATES. ACORD 101 (2008(01) ® 2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 9 Policy: BCS0028236 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with ra- sped to liability for "bodily Injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. S. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2, "Bodily injury' or "property damage' occurring after. a. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has boon completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same protect. CG 20 33 07 04 0 ISO Properties. Inc., 2004 Page 1 of 1 POLICY NUMBER: BCS0028236 • COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O anis s : Location And Description Of ConVWW Olperadons ANY PERSON OR ORGANIZATION ALL LOCATIONS WHFN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED TN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRTOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule if not shown above will be shown in the Declarations. Section 11 —Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for 'bodily injury" or 'property damage' caused, in whole or in part, by 'your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 ■ ISO Properties, Inc., 2004 Page 7 of 1 ■ Today's Date: %/z �/� r Transmittal Routing (Check All That Apply) City Attorney City Manager 121 City Clerk FINAL CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable): Reviewed as to form by City Attorney and date approved Lg5p Project Manager's Last Name: CIP No. (if any):%LJ Phone Extension: 6�5� APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ SACRA Chair VEI City Manager ❑ Oversight Board Chair ❑ SJCHA Chair Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street city St I Zi OTHER INSTRUCTIONS: Form Date: 9/2012 D-7