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14-0506_EXCAVATING ENGINEERS, INC._Labor and Material BondBond No. 1001028377 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 Excavating Engineers. Inc. , License No. 716401 hereinafter designated as "Principal", a contract for El Camino Real at Don Juan Avenue Retaining Wall Project ( CIP No. 07111) ; 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 Excavating Engineers, Inc. Principal, and U.S. Specialtv Insurance Companv , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Four Hundred Fiftv Two Thousand Three Hundred Five Dollars and 00/100 DOLLARS ($4.52,30.5.00 ), 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 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 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 on the 20th day of May , 2014. 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. U.S. Specialty Insurance Company Bart Stewart, Attorney-in-Fact APPROVED AS TO FORM HANS VAN LIGTEN, CITY ATTORNEY LB-2 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation. United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart or Molly Cashman of Encinitas, California its trufr and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ * 10,000,000.00* ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: JHj^ Attorney-in-Fact may be given full power and authority for and in tfS name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instmments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals ,.lUl"l"'tf/,, ,Ml»"""0//, State of California r y ; MCOHPORATED \ = SEPT.I ^i- -cy .f<tiFOR«V wm Daniel P. Aguilar, Vice President County of Los Angeles SS: On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person) s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mv hand and official seal. Signature \ l)U4-^C~-" (Seal) V. WRtOHT Comn^ilon # 1931319 Notiry Pbbllc • CilHwnH Lot Angdis County i Comm. txpir«s 0«c 8. 20161 1, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of MfLkJ ,20A- ^ m Corporate Seals Bond No. Agency No. 10541 = y : mCORPORATtO i Z. -= «i SEPTZS.19M = %o -. •Sjf \i '"'""n*>iF^^''' '"'"lit* it>'*''' Jeannie Leej iyssistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On 3lp before me, Brittany Aceves, Notaty Public (Here insert name and title of the officer) personally appeared Bart Stewart 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/&he/th«y executed the same in his/l3©r4b©ir authorized capacity(46*T), and that by his/iwr/their signature(s>on the instrument the person(s), or the entity upon behalf of which the person(s.>acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary (Notary S(Ah' BRITTANY ACEVES Commission No. 2044569 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires October 7,2017 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tille or description of attached document) ( Title or description ofattachcd document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgmeni cnmpleled in Califomki must contain rerhiage exactly as appears above in the iiataiy section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to he recorded outside of Cahfonua In such instances, any alternative acknowledgment verbiage as may he primed on such a document so long as the verbiage does not require the nalaiy to da something that is illegal for a iiaiaij in California (i.e certifying the authorized capacily of the signer) Please check the document carefully for proper nolarial wording and attach this form If required. • Stale and County information must be the St.atc and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the lime of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i e he/she/they^ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover te.sl or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwi.se complete a different acknowledgment form • .Signature of the notary public must match the signature on file w ith the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type ofattachcd document, number of pages and date, •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFG, Secretary) • Securely attach this document to the signed document = 2008 Version CAPA vT2,10,07 800-873-9865 www.NotaryClassescom ACKNOWLEDGMENT state of California County of San Diego On May 22, 2014 before me, Joseph George Henson, Notary Public (insert name and title of the officer) personally appeared Marty Smith , who proved to me on the basis of satisfactory evidence to be the person(.s) whose name(e)Cji2S9fe subscribed to the within instrument and acknowledged to me that(fie))she/they executed the same in (filsyher/their authorized capacity(ies-), and that by(Hj§yhor/thGir signature(-e) on the Instrument the person(s>, or the entity upon behalf of which the person(-9) 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. Labor & Material Bond - El Camino Real at Don Juan Ave Retaining Wall WITNESS my hand and official seal. (Seal) Proj ect