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14-0506_EXCAVATING ENGINEERS, INC._Performance BondBond No. 1001028377 Premium: $7,785.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Excavating; Engineers. Inc. as Principal, hereinafter called CONTRACTOR, and U.S. Specialty 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 Four Hundred Fifty Two Thousand Three Hundred Five and 00/100 ($452,305.00) Dollars for payment whereof Contractor and Surety Ixind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated May 6, 2014 , entered into a (describe agreement): El Camino Real at Don Juan Avenue Retaining Wall Project ( CIP No. 07111) 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 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 20th . day of May _, 2014, at San Diego APPROVED AS TO FORM HANS VAN LIGTEN, CITY ATTORNEY _, California. I PAL Excavatiag'Tmgineers, Inc. (NOTARIZATION AND SEAI SURETY U.S. Specialty Insurance Company'rX ''^ (NOTARIZATION AND SEAL) Bart Stewart, Attorney-in-Fact PB-2 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESEM'S: 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 mate, eSStitute and appoint: Bart Stewart or Molly Cashman of Encinitas, California its true 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 Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and 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 instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valMgand binding upon the Company with respect to any bond or undertaking to which it is attached. : Wt 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 State of California Xv«':f':?A"-% - y : INCORPORArEO : z; = = SEPT. 25, 1990 -e = „iOn'i'n(,, fiA'' 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. I certify under PENALTY OF PERJURY yjider the laws of the State of California that the foregoing paragraph is true and eprrest. WITNESS mv hand and official seal. * "^^ f Signature \j. %KA^y (Seal) V. WRIGHT I ComnWilor # 1991319 | Notity Public - CiM»f«t» | Us Acgalts Cbtinly | M| Comm. |'P''^'5"'^ l'<??i^^i * I, 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 djiy^ of %Ai^ ,aoli Corporate Seals Bond No. Agency No. 10541 SEPT. 25.1890 . ""/IIIIIOPP -L Jeannie Lee, Assistant Secretary ""OlrmnH'R CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On 5 7"^ ]^ before me, Brittany Aceves, Notaiy Public 7 1 (Here insert name and t itic of the ofTiccr) personally appeared Bart Stewart who proved to ine 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/b&r4b©«- authorized capacityC+es), and that by his/4ieF/theiF signature(s> on the instrument the person(s), or the entity upon behalf of which the personfs.)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. WITNE Signature ^£Nnlnr> (Notary ScafT BRITTANY ACEVES Commission No. 2044569 " NOTARY PUBLIC - CALIFORNIA 5 SAN DIEGO COUNTY Contmission Expires October 7,2017 4= ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) ( Title or description of attached document continued) Number of Pages Document Date^ (Additional Information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknnwiedgmeiu completed in California must coiUain verbiage exactly as appears above in die notaiy seelion or a separate acktumledgtnenl faiin initsl be properly completed and attached to that docttmeitt- The only exception is if a docitment is to he recorded outside ofCalifontia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a ttotaty in (California (i.e. certifying the authorized capacity of the signer). Please check the docitment careftiUy for proper notarial wording and attach this form if required. • State and County information must be the Slate and County where the document signer).s) personally appeared before the notary public for acknowledgment. • Dale of notarization must he the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • fhe 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 time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. he/she/theyr 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 text or lines. If seal impression sirrudges, re-seal if a sufilcient area permits, otherwise complete a different acknowledgment form • Signature of the notaiy public must match the signature on file w ith the office of the county clerk. •t* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document •3 Indicate title or type of attached 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, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 wvvvv.NotaryClasses com ACKNOWLEDGMENT state of Caiifornia 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(-&) whose name(^^f^JsjBfe subscribed to the within instrument and acknowledged to me that(he^he/they executed the same in (Hjs)(her/their authorized capacity(ies-), and that hy(^^hor/thoir 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. Performance Bond - El Camino Real at Don Juan Ave Retaining Wall Project WITNESS my hand and official seal. (Seal)