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CONTRACT 3815A Amendment CLOSED3815A ... FIRST AMENDMENT TO AGREEMENT NO. 3815 BETWEEN THE CITY OF EL SEGUNDO AND SHAW INDUSTRIES, INC. THIS In AMENDMENT (" Amendment"} is made and entered into this 6th day of April 2009, by and between the CITY OF EL SEGUNDO, a general law city and Municipal Corporation existing under the laws of California ("CITY'), and Shaw Industries, Inc., (`CONTRACTOR'). 1. Agreement No. 3815 ( "Agreement"), executed by the parties on or about June 4, 2008, is amended to read as follows: "Replace carpet at the City of M Segundo Police Department" including all necessary preparation work as set forth on exhibits "A" and "B ". The City agrees to pay Contractor an amount not to exceed $75,620.91 2. The attached exhibits is incorporated by reference, adds to the Contractors' Scope of work. 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3815 remain the same. [SIGNATURES ON NEXT PAGE] 38.1 5A. , 0 J " - I IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. pj 00041r,�i , 09, SM ATTEST: Cindy mm (6m City ub APPRC MARK By: 1 10 C I' FREDERICK L. HOOPER Taxpayer ID No. 35- 2162582 P. 0. s X21 Mq Md Orop U" 1016 � w" F- )(H iibtTa "A " 4 38 15,k f.. _. NOW am TW7426 Fstc CAM 27I. M 1 PropSM:ub To Mlon - - -- - phone Ualt Prfim Ralanded Clab 11436.86 Sy $17.52 $28.498.91 8 Ptmp"21 Name Job Nanw Job N Poke of El undo 7443 LF $0.90 $4,320.00 350 Mesh Street 350 Main Smut S Ift, ftm and Zip lArdftd D Jd monde ouWde rubber ban comers Customer Job N Cwsottter PO EJ Segundo, CA 90246 WAS I EL SWUNDO. CA 90246 Nona Nona ..� .w.�� ���..m � ^wr.ww.� Mw wwa�W ,fn• hem_D&aeAaMn Color Palo 0 with VMI@x opilon, Mowwwm IV. 02612OVelooity Qiar IIM Ualt Prfim Ralanded eft 11436.86 Sy $17.52 $28.498.91 SINN 31-003 M6000 Pressure 8ensim Adh 14.00 Eadt $70.31 $964.34 Fumlah 6 Imo C. Johmonm rubber 4,800.00 LF $0.90 $4,320.00 Jd monde ouWde rubber ban comers 3.00 Carton 560.00 $180.00 Carpet Removal In wffMcrs 250.00 SY $4.50 $1.126.00 Can* Tie buWauaWn dked glue - oorridous ony 250.00 Sy 5525 4082.60 Ftm lone rove and replace. Take up and 1,375.00 Sy $20.60 $28,187.50 dispose of extr V carpef, k* W Ilaa by Lift ImWietion "sum. Demo existing base 4.800.00 LF =0.36 $1,880.00 btatmll rubber ban 4,800.00 LF $1.15 ",S20.00 [raw oub" Comers 1.00 Each $350.00 $350.00 PaymenUPerfonance Bonds 1.00 Each $260.90 $380.90 RalnhnwmM of tunprtpoeed on the F.A.It. 1.00 Each $2,431.74 $2,431.74 contractor to Sedon 52MIM(c ). The oorrr M price don not Induft any condnpency for such tax. Noe bed Total: 578.S20.M Proposal Irne aabn and Udtsl rem 1. CMAS COnklift M07.72-000ft 2. Loral ont ct Mont Sh". kistelleflon Pub r: LWOr el Mem. 3. Puke b Need an a Coneesuew lastg611M pnbd Whout delays and N based on 8n aalonar auowing InIWsoon crews access to wort a ffm mum of 8 conasm" hours a day until mn*bdm Delays oltm thin "acts of aw wul tmm h dwges for dowr►urm. 4. Exdudons: attic Mods, msW foor prep, Iumkn unottlug rmlees speoded in; imp m - tfisoomtamep and nwA V d compulers and eledm* equipment, wwwokV and pro%cuon Burnished rxodtft 5. Pmpoal doss not Include rwnowl of any malnfals OWMk ttp sebeelos. 8. Puke holudes wait as spscifloeNy, stated la tin above deealpl m for qn guwam aMW. Any do mWnnces OW require addulonal tabor wee be hurdled 8sough ne dunp order process. 7. Exw*w Bow prop N not lnohtded In theprIe but may be newsmy due b unbaseen cond9m date subdoor. 7ffrle work n" Itdude, t ul N mot Walled b, leveling orgrlrtding, I I:4 mdemb:n or nabs, or onseahne sarapYtp of fha sub4low. 0muld alwal re lkor prop be required, you wNl be notled and a pubs eq , Iw fhe owVWkn dfbe sdd ftW wok wM be prepared. 8. M&WW On and dek of loss paeses to Of ptrtohaesr at to urea of awAft ddmy b the Jabsus. 9. Am" fax your Pumhaes Order to the Sirfllpk bokru0ns Om p at tux 0 7084714811 io ItnN as 8n order prooNS. A ptm bm order le raq*W bellm aaledela can be shipped. 10. Cuelomsr m nave end repleoe all oompuW$. dlsoonmed all eleobk madWme, Was Im be free and don of all loan Nana, book aces lobe or*%& Cusmrner: Cibr of tl.au,tdo Signed: Daft; Pape 1912 3815A. PWW. caMM-7aa P. o. Yau sue Mel Drop t" �ofs vaa orwa �: (706) VI aal l oatton, oA aorsp IBM" 10- up A gerkaMn Ho mey Coetpaer We PROPOSW b psribrta 60 WO* eompNM la aecordsn" with Ow speolflcadom end a described above for dw KO of Sgnmr*: Tom$ T VI" Tens@ Taylor Conmons of Proposal: 1176A MM 1. fltN ptpad sry a wkltduWa rna aeospbd watb ao as rrdna caw wN oonNdW nwarbb dpturb b wWp. ki ""Al k, s far nW 1, left w� q dpnbp s wNoaM�el prt Yioorya�Y• M Mm�ywndwfM�Y �pga•L b 1MtPf •P•�dYttrtgsabtrsdkrwMw�iwo.PIR w harts M* OwY�we wei"*SWAN dwmaIMprraoalA(11%it•nnunp.bfw aas st W1y dKWta, OttdawAd P•r bdmbq MW Wf MY IFp•4 WM rns rAcraWm Y MA u Alwwkdwlapprt k w bswwbmdktnwWr•ooad ajDh&mWd@ndw&An ICF60"a w" MdFAftO&jddwOfdWL Any O WWWWWWObe P• IN ady sMr Wt•OtYOa d • wtflss anWpserarr 4 wb FA ' . 01 a�nwk a alydawonc W a+Aa�w,al YK Nmianb Wd►aoa. wo�Yip pk� for wOor smlydon Mr.N Md daq r pr ASrM Rtaw aid MWAd� WftWMWdbbWdW h0WkVs 6tofW► ysMIWS iiM• dbManWMS wkbarpyYOudem�rda •.aprovld..w�npWast mlbaq,vrYraaa oil nWaWnwa thw/s wwk tlMn C�Wlattwdnl pnNO� 8awwlk soosN a dl aWia•b sublbas Yr y�lNYnp end Cu�bmr tlu1 a n�pWNYMAr" d" Gfft* WdkW Md (N AyrartaMs Wibfbasnol maetp ttamN•MtIW C twptkWnWiM brhdsMbtl wll wquln a0rnelon orM Wwadlenas MpsrS* WdW spf+snwnt L Al waft b oantYgWit upn td W^ attditW crddWG b AW WwWI aaer ' C+dwwr dwA Wry MrAwm. br d a wft ktobM g ft. *Awn wafers as furl m I'll* w•tkw Cr•IlretlMlal w t o ft kwWrta. l O1wMaSW lyraWMr WA "ft b arc (yM ppr*�dt nbaawkw neksnrdar erahW aWta•row atkdWba.•M�r ac'cad sr oaaWSAp �) CuMOStsrAMflMWt wtlbn rafnb ahowa dl rid mOdma mW ark besaat(s). TO M MW WMM prmlbd by Iw, QMbnwdW idW W� drMnd sn0 kdd lnlW AsnnYa aWn Wgsrssps, Oft IM Wtpaa ssd d1"bMNYbd10 8WYS bft.I WIN. btobdlq Wry bdralardMSdWb tsbbdbtdwmkw •r@Vw OWpratr WtbOmmm ACCEPTANCE OFPROPOSAL: TM abow prim, specolkaogn4 and condA*m an #&O@ i iwy swam IO MW ACCApM You an► auft*od w do 1100 work as apseslsd Customer QkA ®I Ssnunds Signed• Dab. Paps Y oft 3815A. LABOR AND MATERIALS BOND INSTALLATION OF NEW CARPET AT THE CITY OF EL SEGUNDO POLICE DEPARTMENT IN THE CITY OF EL SEGUNDO PROPOSAL ID #7443 Executed in Duplicate Bond No. 105258405 Bond Fee: Included in Premium for Performance Bond. Shaw Industries, Inc. as principal ( "PRINCIPAL ") and .Travelers Casualty and Surety Company of a =rporation America Incorporated under the laws of the State of _ Connecticut and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY'), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY") in the sum of SEVENTY FIVE THOUSAND SIX HUNDRED TWENTY DOLLARS AND NINTY ONE CENTS ($78,620.91), which Is aminimum one hundred percent (100 %) of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used In, upon, for or about the performance of the work contemplated in PRINCIPAL'S PROPOSAL ID #7443 ( "Public Project "), the General Service Agreement executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in PROPOSAL ID #7443, a copy of which is on file with CITY's Engineering Division CPublic Project'). Such performance will be in accordance with the specifications outlined in PROPOSAL ID 07443, which are made a part of this bond when said specifications are approved by the City Council and filed with CITYs Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). I -F -1 C= 8 9 5A. a' O •Mi 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of PROPOSAL ID #7443, or of the obligation to be performed will in any way affect Its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995,640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 22nd day of May , 20 09 . PRI IP 's RES ENT ��•���yiyi SURE s Atto ney -in -fact \N . •- . "Y/�N. ViPETY'S' ia B. McManus ° PRINCIPAL's SECRET c �rF'•.. -:ASS Witness _3El rt r : n =Chaun M. Wilson p i CiL O PRINCIPAL's MAILING A R6$S: `ecSURETY's MAILING ADDRESS: P 0 Box 2128 �''oti G'" - `c _ �ai���R'���P�� "���� 1000 Windward Concourse Dalton, GA 30722 Alpharetta, GA 30005 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -F -2 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Surety Bond No. 105258405 OR Project Description: Installation of New Carpet at City of El Segundo Police Department 38�5k.�...� St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Shaw Industries, Inc. Obligee: City of El Segundo KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Virginia B. McManus of the City of Atlanta, State of Georgia, their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 11th day of August, 2006. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ? pASUq�r SIWEry � 0�1.1� I�SG9 Jp� 1NSUq'� `,' TY AN000 ►Ma64aAy �V7Y't� I�,J• L � * � * fQ�OR >OR ' 1 P�': iORAl �1^ 1p Q1'_ Z ` WL � 'n � +SBJLL ;;� o" COtYi it a 1896 A State of Connecticut City of Hartford ss. By: �t= - - George W. ompson, or Vice President On this the 11th day of August, 2006, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2011. e tz7 au Marie C. Tetreault, Notary Public 3815A. '4A This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors o? Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd day of May , 2009. Kori M. Johanson, Assistant Secretary G A S4HEI �T.N..INf.G Pl :NSYq 'ITY AMO P,6b fW- O ■1�I�O ,g � 1927 �C�I� �L�11P�RATf'� I.��PORATP:^ � '� c�W i :n: t HARTFORD, ,- � D! 1977 � 1951 a + '� aA► �, SE A L io" �� +. S8lLL:'� m �+' S Wiw. R N 1896 day � ti� � � �` Q�NEW� f9 `�1S : A� tr....._. ��. '`�•f �ea� �, �Iy7 AtN� To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at stpauitraveiersbondcom. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. All- Purpose Certificate of Acknowledgment State of Georgia County of Fulton } On May 22, 2009 before me, Mengli Tieu , DATE NAME OF NOTARY PUBLIC personally appeared Virginia B. McManus NAME(S) OF SIGNER(S) Q personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument ► ►►unu�u���,,� and acknowledged to me that he /she /the g y executed the same in ```v �NGLI.rjF �, ''% his /her /their authorized capacity(ies), and that by his /her /their `�.�` o��►ssloNF� G signature(s) on the instrument the person(s), or the entity upon _ - DEC � N; behalf of which the person(s) acted, executed the instrument. #: 21 2010 Witness my hand and official seal. 'ice ;CU.. at, SIG ,VATURE OF NOTARY PUBLIC Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ Individual(s) Type of Document • Corporate Officer: • Title(s) Labor and Materials Bond • Partner(s) Number of Pages 0 Attorney -in -Fact • Trustee(s) 2 • Subscribing Witness Date of Document • Guardian /Conservator • Other: May 22, 2009 Signer(s) Other Than Named Above Shaw Industries, Inc. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Travelers Casualty and Surety Company of America ViewDocument FAITHFUL PERFORMANCE BOND INSTALLATION OF NEW CARPET AT THE CITY OF EL SEGUNDO POLICE DEPARTMENT IN THE CITY OF EL SEGUNDO PROPOSAL ID #7443 Executed in Duplicate Bond N0. 105258405 Bond Fee: $246.00 Shaw Industries, Inc. ( "PRINCIPAL ") and Travelers Casualty and Surety Company of America a corporation Incorporated under the laws of the State of Connecticut and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY-) in the sum of SEVENTY FIVE THOUSAND SIX HUNDRED TWENTY DOLLARS AND NINTY ONE CENTS ($76,620.91), which is a minimum one hundred percent (100%) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth In this bond, PRINCIPAL'S PROPOSAL ID #7443, and the the General Service Agreement executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in PROPOSAL ID #7443 a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be In accordance with CITY's plans and profiles PROPOSAL ID #7443 which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done In accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 1 -E -1 38 1 5h 01 ,0 -a% 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of PROPOSAL ID #7443 or of the obligation to be performed will in any way affect Its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or In the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obflgation will remain in full force and effect. SIGNED AND SEALED this 22nd day of May 2009 usrR����/ ✓/I"'' i� �tPOq i q �, 2 CA PRINCIPAL'S SECRET SI, PRINCIPAL's MAILING A Egg.: - . ,00 P 0 BOX 2128 Dalton, GA 307 SURETY'',Atto4ney -in -fact Virginia B. McManus . OV SURETY'S fitness Chaun M. Wilson SURETY's MAILING ADDRESS: 1000 Windward Concourse Alpharetta, GA 30005 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E -2 38 1 5& All- Purpose Certificate of Acknowledgment State of Georgia County of Fulton } On May 22, 2009 before me, Mengli Tieu DATE NAME OF NOTARY PUBLIC personally appeared Virginia B McManus NAME(S) OF SIGNER(S) 21 personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in GLI � 0i0A ' %�I his /her /their authorized capacity(ies), and that by his /her /their ;� signature(s) on the instrument the person(s), or the entity upon DEC behalf of which the person(s) acted, executed the instrument. *:-v * ` 2010 Witness my hand and official seal. GNATURE OF NOTARY PUBLIC Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ Individual(s) Type of Document ❑ Corporate Officer: ❑ Title(s) Partner(s) Attorney -in -Fact Trustee(s) Subscribing Witness ❑ Guardian /Conservator ❑ Other: Faithful Performance Bond Number of Pages 2 Date of Document May 22, 2009 Signer(s) Other Than Named Above Shaw Industries, Inc. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Travelers Casualty and Surety Company of America ViewDocument TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Surety Bond No. 105258405 ;97 7 Project Description: Installation of New Carpet at City of El Segundo Police Department 35 1 5A...0 ., St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Shaw Industries, Inc. Obligee: City of El Segundo KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Virginia B. McManus of the City of Atlanta, State of Georgia, their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 11th day of August, 2006. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �G,.SU� r SUREI �M SRS P +.�NSYq, J�tr ANC• Wo�try 1' �r3 b� C� � � RQfO * r� �� * :t`onvort•Ges T`'J'� YORAr''�� J� �?. � � '�'�b rya+'^ as 1977 1951 927 < rc j`t, jn �` S81CL:'� ` a ;WNIi� ,`�„ lsss SEALloi State of Connecticut City of Hartford ss. By: Geo a W. ompson, or Vice President On this the 11th day of August, 2006, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2011. .{ ��.TET� 0 * ���°S* Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards Ai8recto'rs§Aarn1M04 Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd day of May, 2009. /ice Kori M. Johanson, Assistant Secretary r OASUq� j ga,'WTi ��y ��, `'N INy,` P+ 1NSIig7 � Tv AryQ �Y ~ •�02� O �� a�9 � �l�'OFV�Nq,F�y =::�pA!�OR9)f� 4 �< � _y tpt tm IURTFOAD, Z ���, ; 1977 � 195 27 uu �`• 'n �` SSRL; W CONN• HAR08A4� � '.i y 1 a # ' * �`SEALJO d`-•. i� W rSoow+ It 896 f8 d fs ...NVL'! ip........ •� �rf '+�� To verify the authenticity of this Power of Attorney, call 1- 800 -411 -3880 or contact us at stpaultravelersbond com, Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached.