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CONTRACT 3964 Public Works Contract CLOSED3964 ' PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND VIDO SAMARZICH, INC. This CONTRACT is entered into this 21 day of July, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and VIDO SAMARZICH, INC. ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed $48,290 dollars for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within 180 working days (the "Contract Time. ") B. The Contract Time will commence when the City issues a notice to 64. proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and K 3964 . J limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Dana Greenwood Public Works Director City of El Segundo 350 Main Street El Segundo, CA 90245 The Contractor Vido Samarzich Vice President Vido Samarzich, Inc. 4972 Crestview Place Alta Loma; CA 91701 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other 3 3964•... party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County. 15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business License before executing this Contract. 16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 17. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 18. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 4 :964 22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY GUN J ck Wayt City Manager ATTEST: By: M� Cindy hrortesen City Clerk , APPROVED S MARK D. H NS E , C By: K4fl H. Berger, Assistant City Ati EY ri CONT T R \ffdo Samarzkfi Vice President f Taxpayer ID Number: c) S — 3 31 / O $ 'L% Contractor State 3 3 Z/ 0 License Number: Contractor City Business License Number: Elected Officials: Kelly McDowell, Mayor Eric K. Busch, Mayor Pro Tom Carl Jacobson, Council Member Bill Fisher, Council Member Don Brann, Council Member Cindy Mortesen, City Clerk Ralph Lanphere, City Treasurer Appointed Officials: Jack Wayt, City Manager Mark D. Hensley, City Attomey Department Directors: Bill Crowe, Assistant City Manager Deborah Cullen, Finance Robert Hyland, Human Resources Kevin Smith, Fire Chief Debra Brighton, Library Services Greg Carpenter, Planning and Building Safety David Cummings, Police Chief Dana Greenwood, Public Works Bob Cummings, Recreation 8 Parks www.elsegundo.org 3964. Department of Public Works Lauren Mahakian, Sr. Administrative Analyst June 10, 2009 Via Facsimile ADDENDUM NO. 1 to THE RFP DOCUMENTS, FABRICATION and INSTALLATION of LIGHT POLE BANNERS PROJECT NO. PW 09 -05 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: On page 1 -A -2 For this project, those acceptable classes of license shall be A, B, C -13, C -23 and C -43. Please sign the attached acknowledgement that you are aware of this change and submit this signed form with your bid package. Thanks Lauren Mahakian Sr. Administrative Analyst 1 .41 - ell t 6 /� �o ( ign t e) (da e) 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2358 FAX (310) 640 -0489 Elected Officials: Kelly McDowell, Mayor Eric K. Busch, MayorPro Tom Carl Joankson, Council Member 810 Flsher, Council Member Don Bonn, Council Member Cindy hforteeen, Oily cwt Ralph Lsnphere, City Treasurer Appointed Officials: Jest Wayt, City Mensper Mark D. Hensley, CHy Altomoy Department Directors: Bni Crows, Assistant City Manager Deborah Cullen, Finance Rsbart Hyland, Human Resources Kevin Smith, Fin CNW Debra Brighton, Library Services Greg Cmpemer, Planning and Building Ssrety David Cummings, Ps00e Chia/ Dana Greenwood, Public Worke Bob Cummings. Recreation i Parks www,eisegundo.org 3964.x,, Department of Public Works Lauren Mahakian, Sr. Administrative Analyst June 11, 2009 Via Facsimile ADDENDUM NO.2 to THE RFP DOCUMENTS, FABRICATION and INSTALLATION of LIGHT POLE BANNERS PROJECT NO. PW 09 -05 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: Please see attached site plan and include in the contract documents. Please sign the attached acknowledgement that you are aware of this change and submit this signed form with your bid package. Thanks Lauren Mahakian Sr. Administrative Analyst (sign re) (da (e) 350 Main Street, El Segundo, California 90245 -3893 Phone (390) 524 -2358 FAX (390) 640 -0489 3964 • •. • i Rosecranes —� t • z. • ------------ I t `mss • • ----- - y E. El S♦gando Blvd E. Grand -6 tx n • Marlposa Maple Sycamore Walnut L— Imperial Elected Officials: Keay MoDow sk Meyer Erie K. Burch, AMywPro Term Carl Jeeeboon, Council Member Bid Fisher, CouncM ANmber Don Brana, Council Member Cindy Atoruson, City Clerk Ralph Lanphern, City Tressum Appointed Officials: Jack wart City Manegar Mark D. Henalsy, City Adorney Department Directors: Bill Crows, Assistent City AQnager Deborah Cullen, Finance Robert Hyland, Human Resources Kevin snw Fin CANT Debra adghton. LNnry sarvlosa or" Cementer, Planning and BuMag safety Davit Cummings. Polls* Chet Dana Greenwood, Pubge Wake Bob Cumminge, Recrestron 6 Park: www.elsegundo.org 3964 . * - J Department of Public Works Lauren Mahakian, Sr. Administrative Analyst June 12, 2009 Via Facsimile ADDENDUM NO.3 to THE RFP DOCUMENTS, FABRICATION and INSTALLATION of LIGHT POLE BANNERS PROJECT NO. PW 09 -05 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: Please replace Scope of Work- Specifications page with the attached. Please sign the attached acknowledgement that you are aware of this change and submit this signed form with your bid package. Thanks Lauren Mahakian Sr. Administrative Analyst uiV (sig re) (dat ) 350 Main Street, El Segundo, California 90245.3893 Phone (390) 524 -2358 FAX (390) 640.0489 39 -0 4. SCOPE OF WORK - Specifications Fabrication and Installation of Light Pole Banners Pole panels: Material Blackout Vinyl 2'w x 91 with 4" pole pockets top & bottom to accommodate the pole panel brackets. Basic Fabric Polyester Threads Woven Yam 1000 x1000 D Basic Fabric Weight 2.7 oz/ yd Coating PVC Weight 12.3 oz/ yd Total Weight 15 oz/ yd Cold Resistance -58 F Flame Retardant CPAI 84 Width 7211, 80" *Height off each grade of banner to be set 14' Design Wind Velocity: 75 mph Wind Pressure 1. Shear Stress (a) A. Single banner attached to the pole Area of banner= 3 ft x8ft =24 ft Torque by wind force T= 6970 in Polar moment of inertia of hollow shaft J= 139.53 in 4 Maximum shear stress by wind force '"m -374.3 psi Maximum combined shear stress =374.3 + 461.3 (b) Two banners attached to the oolle_Consider the wind load of both banners the torque caused by the two banners will balance each other. There is no shear stress of wind force added to the shaft. 2. Bending Stress Two banners attached to the pole. Bending moment by wind M- 250,631.4 in-lb Moment of interia 1= 174.41 in 4 Maximum bending stress by wind 0 max = 7185.12 psi Maximum combined bending stress = 7185.12 +8440.15 = 15,625 Bending stress, 21420.Opsi 3964 . , i PROPOSAL FABRICATIN AND INSTALLATION OF LIGHT POLE BANNERS IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 09 -05 TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities setforth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C -1 NASPECS MST IC1 (02- 28 -02) « t AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder determined solely by the City of El Segundo. Additionally, the City of El Segundo reserves the right to reject any or all proposals, to waive any irregularity, and take the bids under advisement for a period of sixty (60) calendar days, all as may be required to provide for the best interests of the City of El Segundo. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. AWARD OF ALTERNATE BIDS If the bid proposal contains a base bid and additive or deductive alternate bid items, the City reserves the right to award or reject any, all, or a combination of alternate bids. The lowest responsible bidder will be determined based on the scope of the contract awarded by the City. PREVAILING WAGES AND PAYROLL RECORDS CONTRACTOR and subcontractors shall be required to comply with all applicable provisions of the State Labor Code. CONTRACTOR and subcontractors shall pay the minimum prevailing rates of per diem wages as determined by the State Department of Industrial Relations. A copy of the most recent prevailing rates are on file at the Engineering Division, 350 Main Street, El Segundo, CA 90245, which will be made available for inspection to any interested party on request. CONTRACTOR and subcontractors shall keep accurate payroll records. Upon request by the CITY, a certified copy of these records shall be furnished to the CITY or its authorized representative. Some federal fund projects are also required to comply with Federal Davis -Bacon Act wage requirements. If there is a conflict between the state wages and the federal wages, the higher of the wage rates for any particular classification shall apply. I -B -3 NASPECS.MST 163 (02- 28 -02) �9fi�4•. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed. and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIF c -ATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain m effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies mat affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 NASPECS MST IC2 (02- 28 -02) 3964. l CITY OF EL SEGUNDO - BID SHEET PROJECT NO.: PW 09 -05 ITEM NO. ESTIMATED QUANTITIES DESCRIPTION UNIT PRICE IN FIGURES AMOUNT 1 110 Fabrication, Installation and removal after 6 months of banners on 55 light poles as described in Section III of the Special Provisions. $ 3 9.O0 $ 49, 290.00 TOTAL BID = $ � '9, Z / Q • 0 0 TOTAL BID WRITTEN IN WORDS I (A) () i-1 Ov,on E-D A/ r --J f- -F Y Q t.,tr A! i -C -3 N k.SPF(:S MST\B If) S1 IF ET MSr M" 1)8 02) STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT TR -0120 (REV 6/2007) Permit No. 0709- NBR-0078 DisUColRielPM In compliance with (Check one) 07- LA- 1- 23.924/25.921 Date ® Your application of January 14, 2009 January 14, 2009 Fee Paid Deposit ❑ Utility Notice No. of $ EXEMPT $ Performance Bond Amount (1) Performance Bond Amount (2) ❑ Agreement No. of $ $ Bond Company ❑ R/W Contract No. of Bond Number (1) Bond Number (2) TO: City of El Segundo y.. 150 Illinois Street El Segundo, CA 90245 MAR 0 3 �Q09 Attn.: Maryam Jonas „i +?YK L_ Phone: (310) 524 -2709 PERMITTEE't�ta ° ,IcPlpami` and subject to the following, PERMISSION IS HEREBY GRANTED to: Encroach within the State's right of way for the purpose of installing and removing banners on an annual basis (for 2009) along and across Sepulveda Boulevard (State Route 1) between Imperial Highway and Rosecrans Avenue, in the City of El Segundo; all in accordance with current State specifications, the attached special provisions, and permit plans dated to be determined each time banners are placed on the State highway. Permittee shall contact State permit inspector(s), Mr. Larry Tokuyama at telephone number (310) 609 -0354, between the hours of 0700 and 0900, a minimum of 10 working days prior to the initial start of work to arrange a pre - construction meeting to ensure a complete understanding of the work and permit requirements. A confirmation notification should occur three days prior to closure or other potential traffic impacts. THIS PERMIT IS NOT A PROPERTY RIGHT AND DOES NOT TRANSFER WITH THE PROPERTY TO A NEW OWNER The following attachments are also included as part of this permit (Check applicable) In addition to fee, the permittee will be billed actual cost for: ® Yes ❑ No General Provisions ❑ Yes N No Utility maintenance Provisions ❑ Yes N No Review N Yes ❑ No Special Provisions A and Q ❑ Yes N No Inspection ❑ Yes N No A Cal -OSHA Permit, if required: Permit No. N Yes ❑ No Field Work ❑ Yes N No As -Built Plans Submittal Route Slip for Locally Advertised Projects ❑ Yes 0. No Storm Water Pollution Prevention Plan (If any Ca/trans effort expended) ❑ Yes N No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before January 1, 2010 This permit is to be strictly construed and no work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. W @st Region - -- - - - - -- APPROVED: - - -- — -- - -- Tokuyama, Insp. ue, P.E , District Permit Enginner ichaeI Sarieh, P.E., Permit En /Weer ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 653 -3657 or TDD (916) 654 -3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814 FM 91 1436 City of El Segundo 0709 -NBR -0078 Page 2 of 3 SPECIAL PROVISIONS 3964. 1. By acceptance of this permit, the permittee understands and agrees to reimburse the State for all costs incurred for performing corrective work in the event that the permittee or permittee's representatives fail to install, replace, repair, restore, or remove facilities to state specifications for the immediate safe operation of the highway and satisfactory completion of all permit work. State forces may perform corrective work or it maybe contracted out. Understood is that the above charges are in addition to permit fees, and an invoice will be sent to permittee for said charges after satisfactory completion of all work. 2. It is the responsibility of the permittee, permittee's agents, or contractors to comply with all provisions of this permit and instructions from the State permit inspector. Permittee shall keep the permit package or copies thereof, at the work site at all times and show it upon request to any Department representative or law enforcement officer. When the permit package is not available, then immediate suspension of permit will occur. 3. All work performed pursuant to this permit shall be performed in accordance with the current Department of Transportation's Standard Specifications, Standard Plans, Encroachment Permit Utility Provisions dated August 1998, and shall comply with all provisions of this permit and the instructions of the State permit inspector. Any violation of this permit shall constitute grounds for revocation of the permit. 4. If contractor forces perform the work authorized by this permit, permittee's contractor shall furnish the State with a signed application requesting a separate Caltrans permit (Double Permit) authorizing the contractor to perform the work within the State's right of way on behalf of the permittee, a "Performance Bond" and a "Payment Bond" maybe required. Contractor's bonds maybe waived if the contractor has bonds for 100 percent of the project with the permittee. Permittee's contractor will be required to reimburse the State for the cost incurred for engineering inspection of the work within the State highway right of way and all other permit related field work performed by Caltrans maintenance forces when, as determined by Caltrans, it becomes necessary. Permittee's contractor is required to have the signed permit and the double permit with all Special Provisions and plans stamped "CALTRANS PERMIT PLANS" dated TBD AT A LATER DATE at the work site at all times while work is being conducted. Permittee shall remain solely responsible for compliance with all requirements of this permit. 5. Permittee shall furnish the necessary inspection to provide for public safety and to insure that all work within or affecting the State's right of way pursuant to this permit is in accordance with State Standards and requirements. The State permit inspectors will monitor the work authorized under this permit and the work is subject to the approval of the State permit inspectors. 6. Prior to performing any work pursuant to this permit, the permittee shall obtain all necessary permits and authorizations required of other governmental agencies and by law. The permittee shall make the necessary arrangements with the appropriate agencies to monitor and test performed work to ensure accordance with requirements of those agencies. 7. Permittee is responsible for restoration and repair of the State's right of way resulting from permitted work (State Streets and Highways Code, Sections 670 et. seq.). Upon completion of work, permittee shall remove and dispose of all scraps, brush, timber, materials, etc. off the State's right of way. 8. Existing traffic signal, lighting, electrical systems, and underground installations (shown on the permit plans or not) damaged by the work authorized by this permit shall be replaced in kind, restored in kind, or better as directed by the State permit inspectors at no cost to the State. 9. Potentially hazardous waste material, if encountered during implementation of permitted work, then all work within the effected area shall cease immediately. The permittee shall contact State permit inspector to arrange a site assessment by a Caltrans hazardous material coordinator. 10. Permittee's contractor and /or contractors shall have proper licenses from the State of California and they shall provide proper documents as proof upon request. City of El Segundo 0709 -N BR -0078 Page 3of3 SPECIAL PROVISIONS 11. Permittee's contractor shall submit a written schedule to the State permit inspector for review and approval prior to the beginning of the work. 12. The State permit inspector must ascertain and agree to all work details and all aspects of traffic control or no work shall begin on this permit. 13. Do not store materials within the State's right of way, remove materials at the end of the day, or properly store it as directed by State permit inspector. 14. If a time extension for this permit is required, request one 30 days in advance of the expiration date. Permit closure occurs after the expiration date, once this occurs reactivation will not occur. It will be the responsibility of the permittee to reapply by submitting an application and plans, if the need for a permit is still present. 16. American National Standards Institute (ANSI) compliant Class II vests and hard hat shall be worn while working within State's right of way. Workers working at night will be required to wear ANSI Class III warning garments. Class III compliance can be achieved by combining ANSI Class E pants worn with an ANSI Class II vest. The attached District's Standard Special Provisions are generalizations of the Department's Standard Specifications and are included only as a convenience to the Permittee. Permittee shall reference the current Department's Standard Specifications for complete and unabridged specification requirements. P STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV 05 /2006) Permission is requested to encroach on the State highway right -of -way as follows: I (Complete all BOXES (write N/A if not applicableD This application is not complete until all requirements have been approved. page' 1 0, 4 • FOR CALTRANS USE PERMIT NO B�Q C/ A �Q D �j� o7 DI0 /RTE /p /MAC //� �'�VC`t/(J /Q`��/ SIMPLEX STAMP 1. COUNTY 2. ROUTE 3. POSTMILE Los Angeles ( Hwy 1 23.924./25.921 4. ADDRESS OR STREET NAME 5. CITY Sepulveda Boulevard El Segundo 6. CROSS STREET (Distance and direction iron, sv� 7. PORTION OF RIGHT -OF -WAY DATE OF SIMPLEX STAMP Imperial Hwy to Rosecrans Avenue (2 miles e. WORK TO BE PERFORMED BY 9 EST. START DATE 10. EST. COMPLETION DATE OWN FORCES ❑ CONTRACTOR 01/01/2009 12/31/2009 11. MAX DEPTH A PTH VG WIDTH LENGTH SURFACE TYPE 12. EST. COST INSTATE WIN EXCAVATION 13. PRODUCT TYPE DIAMETER VOLTAGE / PSIG 14. CALTRANS PROJECT E.A. NUMBER PIPES 15. ❑ Double Permit Parent Permit Number Applicant's Reference Number / Utiliti Work Order Number 16. Have your plans been reviewed by another Caltrans branch? NO ❑ YES ❑ (If "YES ") Who? 17. Completely describe work to be done within STATE highway right -of -way : Attach 6 complete sets of FOLDED plans (folded 8.5" x 11 "), and any applicable specifications, calculations, maps, etc. All dimensions shall be in U.S. Customary (English) Units. Installing and removing banners on an annual basis along and across Sepulveda Boulevard (State Route 1) between Imperial Hiahwav and Rosecrans Avenue. 1) RENEW PERMIT NO. 707 -NBR -2546 ol��g C T y RECEIVED la. Is a city, county, or other agency involved in the approval of this project? ❑ YES (if "YES ", check type of project and attach environmental documentation and conditions or approval.) JAN 14 2009 ❑ COMMERCIAL DEVELOPMENT ❑ BUILDING ❑ GRADING ❑ OTHER pp �(+ ❑ CATEGORICALLY EXEMPT ❑ NEGATIVE DECLARATION El ENVIRONMENTAL IMPACT REPORT ❑ OTHER )FFICE OF PERMITS �? ® NO (If "NO ", please check the category below which best describes the project, and complete page 4 of this application.) ❑ DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING ❑ FENCE ❑ PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS ❑ MAILBOX FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS ❑ EROSION CONTROL Q OTHER traffic control and sign maintenance ❑ LANDSCAPING 19. Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource'2 ❑ YES 0 NO (if "YES ", provide a description) 20. Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? ❑ YES Q NO (If "YES ". provide a description) 21. Is work being done on applicant's property? ❑ YES ❑ NO ( %' "YES ", ,tWcr. site and grading plans ) ADA NOTICE: For mdi, iduals , uh scnsnrj disabilities. this doctinlctil Is avallablc in aliernat." ro:inats. Fur inturmauun call (, 16) 6�J.o 110 or TDD (9161 04 .300 or write to Rccords and runes Management, 1120 V street. MS -39, Sauamcnw. CA 99814 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 05 /2006) 4. Page 2 of 4 a9- N /dR- OW 22. Will this proposed project require the disturbance of soil within highway right -of -way? F1 YES Q NO If "YES'. estimate the area in square feet AND acres _ (fF) _ __ (acres) 23. Will this proposed project require dewatering? E] YES K NO If "YES', estimate daily volume in gallons per day (gpd) 24. How will any storm water or ground water be disposed of from within or near the limits of this proposed project? 09 Storm Drain System Combined Sewer / Storm System Storm Water Retention Basin (� (� m Other (explain): _ OFFICE {� E OF PERMITS PLEASE READ THE FOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENT PERMIT APPLICATION. The applicant, understands and herein agrees to that an encroachment permit can be denied, and /or a bond required for non - payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims) arising out of or in connection with the issuance and /or use of this encroachment permit for. 1) bodily injury and/ or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from conduct delineated in Civil Code Section 2782. DISCHARGES OF STORM WATER AND NON -STORM WATER. Work within State highway right -of -way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System ( NPDES) permit issued to the Department of Transportation (Department), to govern the discharge ofstorm water and non -storm water from its properties. Work shall also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department's Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of a Storm Water Pollution Protection Plan (SWPPP), or a Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at: http://www.dot.ca.govlhqlcotistruclstormwaterl,htm 25. NAME of APPLICANT or ORGANIZATION (Print or Type) E -MAIL ADDRESS City of El Segundo I cjackson @elsegundo.org ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) 150 Illinois Street, El Segundo CA 90245 PHONE NUMBER FAX NUMBER 310- 524 -2709 310- 414 -9011 26. NAME of AUTHORIZED AGENT i ENGINEER (Print or Type) IS LETTER OF AUTHORIZATION ATTACHED E -MAIL ADDRESS Maryam Jonas ® YES ❑ NO mjonas @elsegundo.org ADDRESS of AUTHORIZED AGENT / ENGINEER (Include City and Zip Code) 350 Main Street, El Segundo CA 90245 PHONE NUMBER FAX NUMBER 310 - 524 -2361 310- 640 -0489 27. SIGNATURE of APPLI A T or AUTHORIZED AGENT 28. PRINT OR TYPE NAME 29.TITLE Maryam Jonas Principal Civic Engr. )DATE J— �� U `J pi ►x'" STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 05 /2006) 6 ` Page 3 of 4 HL U,IVU o9- "R-ox,, FEE CALCULATION -- FOR CALTRANS USE ❑ CASH ❑ CREDIT CARD NAME ON CARD _ PHONE NUMBER ❑ CHECK NUMBER NAME ON CHECK PHONE NUMBER EXEMPT ❑ PROJECT EA _ _ ... _ _ ` ❑ DEFERRED BILLING (Utility) CALCULATED BY (1) IV S, (2) REVIEW 1. � HOURS @ $$� 1. /pEPOSIT $ (� DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT $ 2._ HOURS @ $ $ $ INSP CTION 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT ea $ HOURS @ $ $_� 2. HOURS @ $ $ $_ FIELD WORK HOURS @ $ $_ $_ $ DEPOSIT DATE DEPOSIT DATE DEPOSIT EQUIPMENT & MATERIALS CASH DEPOSIT IN LIEU OF BOND $ $ $ d 2i TOTAL COLLECTED $ $ EXEMPT CASHIER'S INITIALS $ *The current hourly rate is set annually by Headquarters Accounting. District Office staff do not have authority to modify this rate. PERFORMANCE BOND El DATE $AMOUNT PAYMENT BOND ❑ DATE $MOUNT LIABILITY INSURANCE REQUIRED? ❑ YES ❑ NO AMOUNT RECEIVED jm4 14 2009 OFFICE OF PERMIT'S STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 05 /2006) INSTRUCTIONS for completing page 4 3964 Page 4 of 4 j j eT7o9- NBA- 4a /8 This page needs to be completed when the proposed project DOES NOT involve a City, County or other public agency. Your answers to these questions will assist departmental staff in identifying any physical, biological, social or economic resources that may be affected by your proposed project within the State highway right -of -way. And, to determine which type of environmental studies may be required to approve your application for an encroachment permit. It is the applicant's responsibility for the production of all required environmental documentation and supporting studies, in some cases this may be costly and time - consuming. If possible, attach photographs of the location of the proposed project. Please answer these questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.) 1. Will any existing vegetation and /or landscaping within the highway right-of-way be disturbed? /vl!e 2. Will the proposed project involve any soil disturbance within highway right -of -way (trenching or excavation)? No 3. Are there waterways (river, creek, pond, natural pool or dry streambed) adjacent to or within the limits of the project or highway right -of -way? n/ D 4. Is the proposed project located within five miles of the coast line? �� S 5. Will the proposed project generate construction noise levels greater thane 86 dBA (i.e. jack- hammering, pile driving)? ^ /v 1 6. Will the proposed project incorporate land from a public park, recreation rea or wildlife refuge open to the public? Iva 7. Are there any recreational trails or paths within the limits of the proposed project or highway right -of -way? No B. Will the proposed project Impact any structures, buildings, rail lines, or bridges within highway right -of -way? NO >cCEtvE� 9. Will the proposed project impact access to any businesses or residences? /VO SAN 14, 2409 10. Will the proposed project impact any existing public utilities or public ervices? p_-,r OF PERM, y (�FF1C� f f 11. Will the proposed project impact existing pedestrian facilities, such as sidewalks, crosswalks, or overcrossings? NO 12. Will new lighting be constructed within or adjacent to highway right -of -way? NO 3964 FIDELITY AND DEPOSIT COMPANY OF MARYLAND � BOND NO. 08712125 Premium: Included on Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That VIDO SAMARZICH, INC., (hereinafter called the Principal), as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a MARYLAND corporation (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF EL SEGUNDO as Obligee (hereinafter called Owner), in the amount of FORTY EIGHT THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS ($48,290.00) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, Principal has by written agreement dated JULY 21ST, 2009, entered into a contract with Owner for FABRICATION AND INSTALLATION OF LIGHT POLE BANNERS PROJECT, JOB /BID NO. PW09- 05, in accordance with drawings and specifications, which contract is by reference made a part hereof, and a copy thereof is or may be attached hereto. Now, Therefore, The Condition of This Obligation Is Such, That, if the Principal shall pay, or cause to be paid in full, the claims of all persons designated in Sections 3110 or 3112 of the Civil Code of the State of California then this obligation shall be void; otherwise it shall remain in full force and effect. This bond is executed for the purpose of complying with the laws of the State of California as contained in Sections 3235 to 3241 inclusive of the Civil Code and all acts amendatory thereof, and this bond shall inure to the benefit of any and all persons designated in Sections 3110 or 3112, Civil Code of the State of California, so as to give such persons a right of action to recover upon this bond in any suit brought to foreclose the liens provided for by the laws of the State of California, or in a separate suit brought on this bond. No right of action shall accrue hereunder to or for the use of any persons expect persons designated in Section 3110 or 3112, Civil Code of the State of California as foresaid. The total amount of the Surety's liability under this bond to any and all persons shall in no event exceed the amount named in the first paragraph hereof. No suit, action or proceeding to recover on this bond shall be sustained unless the same be commenced within six (6) months from the completion of said structure or work of improvement, as "completion" is defined in Section 3086 of the Civil Code of California. Signed and sealed this 15T" day of JULY, 2009. VIDO SA�A ICH� IN BY: � i FIDELAT/YAND DEPASIT COMPANY OF MARYLAND BY: RANDY 9POHN, Attorney4fi -Fact THIS BOND MUST BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY WHERE THE PROPERTY IS SITUATED BEFORE THE WORK IS COMMENCED, IN ORDER TO PROVIDE YOU WITH THE MAXIMUM PROTECTION OF THE BOND AND STATUTES. �j964 State of California S.S. County of San Bernardino On before me, S. Filo, Notary Public, personally appeared GKMpg�k( who proved to me oq the basis of satisfactory evidence to be the person,(6l whose name subscribed to the within in rument and acknowledged to me that he /th executed the sa a in his/ er/ eir authorized c acity ' s }, and that by his /h thy, rr signature on the instrufnent the persoet , or the entity upon behalf of hich the person(�acted, executed the instrum 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. S. FILO CFI COMM. #1832613 a NOTARY PUBLIC . CALIFORNIA /� Oimy corm. BERNARDINO COUNTY CQ / t Ii r _ Co. Expires Jan. 20, 2013 Signature Signature of Notary Public Description of Attached Document Title or Type of Document T�tL1 \y Document Date: jl��l �; Number of Pages TOM DALY CLERK - RECORDER PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS F'CTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATION OF ADMITTED SURETY INSURER 1, Tom Daly, County Clerk - Recorder in and for said County, do hereby certify that based on the statewide database that FIDELITY AND DEPOSIT COMPANY OF MARYLAND has been issued a Certificate of Authority as an Admitted Surety by the Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California, OR, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Witness Whereof, I have hereunto set my hand and affixed the seal of said County this 24""-' day of Jam, 2009. Tom Daly, Orange County Clerk - Recorder By: -✓ .h._; , Deputy Clerk Rosalba ieyra (Seal) o ,4 �c�COUury CP♦'EO� nom NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF FINANCE AND RECORDS LAGUNA FULLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PIAZA. ROOM 101 24031 EL 10R0 ROAD ..iLER ION. CA-1 I IA 92832 SANTA ANA. CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (7 14) 834.2500 • FAX (714) 834.2675 • WWW.00RECORDER.COM • WWW.00ARC HIVES. COM Q ' 54•�':' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Randy SPOHN and Matthew R. DOBYNS, bo Ii EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and i d as its act and deed: any and all bonds and undertakings, and the exe . so suance of these presents, shall be as binding upon said Company, as fu a in a if they had been duly executed and acknowledged by the regularl e t ice in Baltimore, Md., in their own proper persons. This power of atto th e PORN, dated April 6, 2004. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° any, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I st day of May, A.D. 2009. ATTEST: a W State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Theodore G. Martinez On this I st day of May, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adam.ski Notary Public My Commission Expires: July 8, 201 1 POA -F 012 -3955 �' ��ii�ini�'t��`• Maria D. Adam.ski Notary Public My Commission Expires: July 8, 201 1 POA -F 012 -3955 3964 + ►~' EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." !N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15 th _ day of July _ 2009 At Assistant Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE 3964,, On July 15, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® 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 /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lyyy ERIKA GUI00 Q' COMM. # 1843731 g �,. NOTARY PUBLIC CALIFORNIA ORANGE COUNTY Ili My comm. expires May 5, 2013 C 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. Iture of Nbtary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 3964 ., FIDELITY AND DEPOSIT COMPANY OF MARYLAND The final Premium is Predicated on the Final Contract Price PERFORMANCE BOND Bond No. 08712125 Premium: $1,207.00 One of Three Originals. KNOW ALL MEN BY THESE PRESENTS: That we, VIDO SAMARZICH, INC., as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a MARYLAND corporation, as Surety, are held and firmly bound unto CITY OF EL SEGUNDO, as Obligee, in the sum of FORTY EIGHT THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS ($48,290.00), for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the 21ST day of JULY, 2009, the Principal entered into a contract with the Obligee for FABRICATION AND INSTALLATION OF LIGHT POLE BANNERS PROJECT, JOB /BID NO. PW09 -05, which contract is by reference made a part hereof and is hereafter referred to as the Contract: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. The warranty period for this bond shall be one year from date of acceptance of work by Obligee. Dated this 15'r" day of JULY, 2009. A)A — C f / ; ; / Ptr We aftwhed Notary Cel if wat6 VIDO S A7 I I H, NC. PRINCIPAL FIDE Y AND DEPOSIT COMPANY OF MARYLAND SPOHN, /Att6rney -I n -Fact 364 � r State of California S.S. County of San Bernardino On JU)\j ~ �� before me, S. Filo, Notary Public, personally appeared who proved to a on the basis of satisfactory evidence to be the persona whose name ise subscribed to the within instrument and acknowledged to me that he/ e/th executed the sa a in h* /h A it authorized ca acity(ii and that by his /h /th rr signaturen the ins { {ru ent the person , or the entity upon behalf of w icfi the person acted, executed the instrume t. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and official seal. S. FILO W COMM. #1832613 d 2 NOTARY PUBLIC . CALIFORNIA SAN BERNARDINO COUNTY M My Comm. Expires Jan. 20, 2013 Signature Si nature of Notary Public Description of Attached Document Title or Type of Document. PWE � M4& Uhl 0 Document Date: 'J - Number of Pages Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Randy SPOHN and Matthew R. DOBYNS, bo Ii s EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and i d as its act and deed: any and all bonds and undertakings, and the exe o so t suance of these presents, shall be as binding upon said Company, as fu a in e s if they had been duly executed and acknowledged by the regularl a .t ice in Baltimore, Md., in their own proper persons. This power of atto th e POHN, dated April 6, 2004. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- y, and is now in force. IN WITNESS W R OF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 st day of May, A.D. 2009. ATTEST: '�� OEPOS�f POO'v n _ �a o State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Theodore G. Martinez On this 1 st day of May, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -3955 3964 • � :� EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seat of the said Company, this 15th _ day of _, July _ _ 2009_ Assistant Secretary 3964. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 15, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN , ® 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 /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 'W= "°� I certify under PENALTY OF PERJURY under the laws of the State of ERIKA G8437 *California that the foregoing paragraph is true and correct. N COMM. # 1843731 NOTARY PUBLIC CALIFORNIA o 3: ORANGE COUNTY -WITNESS my hand and official seal. 'l My comm. expires May 5, 2013 IC llll�i� l.�lcCC�. � Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 3964 FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO. 08712125 Premium: Included on Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That VIDO SAMARZICH. INC., (hereinafter called the Principal), as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a MARYLAND corporation (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF EL SEGUNDO as Obligee (hereinafter called Owner), in the amount of FORTY EIGHT THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS ($48.290.00) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, Principal has by written agreement dated JULY 21ST. 2009, entered into a contract with Owner for FABRICATION AND INSTALLATION OF LIGHT POLE BANNERS PROJECT, JOB /BID NO. PW09- 05, in accordance with drawings and specifications, which contract is by reference made a part hereof, and a copy thereof is or may be attached hereto. Now, Therefore, The Condition of This Obligation Is Such, That, if the Principal shall pay, or cause to be paid in full, the claims of all persons designated in Sections 3110 or 3112 of the Civil Code of the State of California then this obligation shall be void; otherwise it shall remain in full force and effect. This bond is executed for the purpose of complying with the laws of the State of California as contained in Sections 3235 to 3241 inclusive of the Civil Code and all acts amendatory thereof, and this bond shall inure to the benefit of any and all persons designated in Sections 3110 or 3112, Civil Code of the State of California, so as to give such persons a right of action to recover upon this bond in any suit brought to foreclose the liens provided for by the laws of the State of California, or in a separate suit brought on this bond. No right of action shall accrue hereunder to or for the use of any persons expect persons designated in Section 3110 or 3112, Civil Code of the State of California as foresaid. The total amount of the Surety's liability under this bond to any and all persons shall in no event exceed the amount named in the first paragraph hereof. No suit, action or proceeding to recover on this bond shall be sustained unless the same be commenced within six (6) months from the completion of said structure or work of improvement, as "completion" is defined in Section 3086 of the Civil Code of California. Signed and sealed this 1.5 TH day of VIDO SAM ZIC , IN¢. BY: FID T AND D OSIT BY: i Akl��9 04 PANY OF MARYLAND 'OHN, Att %orn * -in -Fact THIS BOND MUST BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY WHERE THE PROPERTY IS SITUATED BEFORE THE WORK IS COMMENCED, IN ORDER TO PROVIDE YOU WITH THE MAXIMUM PROTECTION OF THE BOND AND STATUTES. 5� State of California S.S. County of San Bernardino On Ib I before me, S. Filo, Notary Public, personally appeared V M0, 4741 AI(k who proved to nje on the basis of satisfactory evidence to be the person whose name Xi re subscribed to the within ins u ent and acknowledged to me that he /s e/ a executed the s e in his/ r/ eir authorized capacity ' ), and that by his h th r signaturekon the instrument the person , or th�ity 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. S. FILO COMM. #1832613 C� NOTARY PUBLIC CALIFORNIA m SAN BERW+ROINO COUNTY My Conxn. Expires Jan• 20, 2013 Signature Signature of Notary Public Description of Attached Document Title or Type of Document TP006W "D Document Date: Avc._)100 Number of Pages LJ. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Randy SPOHN and Matthew R. DOBYNS, bo li EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and its d as its act and deed: any and all bonds and undertakings, and the exe o ® so suance of these presents, shall be as binding upon said Company, as fu a in a if they had been duly executed and acknowledged by the regularl a ice in Baltimore, Md., in their own proper persons. This power of atto th e POHN, dated April 6, 2004. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° y, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 st day of May, A.D. 2009. ATTEST: V DEPOS�i W � State of Maryland 1 SS: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary 0 Theodore G. Martinez On this 1 st day of May, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -3955 ao 4' +. ! ' le 111��{``,`` Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -3955 3964 • ,a..J EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 15 th day of July 1 2009 Assistant Secretary 3964 . , , .i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 15, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® 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 /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �I ERIKA GUIDV'W w COMM. # 1843731 - NOTARY PUBLIC CALIFORNIA o 3 ORANGE COUNTY ry My comm. expires May 5. 2013 IC 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 of OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT F4V FIDELITY AND DEPOSIT COMPANY OF MARYLAND The final Premium is Predicated on the Final Contract Price PERFORMANCE BOND Bond No. 08712125 Premium: $1,207.00 One of Three Originals. KNOW ALL MEN BY THESE PRESENTS: That we, VIDO SAMARZICH, INC., as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a MARYLAND corporation, as Surety, are held and firmly bound unto CITY OF EL SEGUNDO, as Obligee, in the sum of FORTY EIGHT THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS ($48,290.00), for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the 21ST day of JULY, 2009, the Principal entered into a contract with the Obligee for FABRICATION AND INSTALLATION OF LIGHT POLE BANNERS PROJECT, JOB /BID NO. PW09 -05, which contract is by reference made a part hereof and is hereafter referred to as the Contract: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. The warranty period for this bond shall be one year from date of acceptance of work by Obligee. Dated this 15TH day of JULY, 2009. VI DO SAM H, IN !fie w afhM Notary Cotifcate PRIN PAL FID Y AND DEPOSIT COMPANY OF MARYLAND 41 � RAND SPOH , A omey -In -Fact .3964 State of California S.S. County of San Bernardino On~ \, I , before me, S. Filo, Notary Public, personally appeared o w who proved to a on the basis of satisfactory evidence to be the personX whose name 44re subscribed to the within instrument and acknowledged to me that he /s Al'A executed the s me in his /hx%,F%ir authorized capacity(, and that by his /h Kicthl r signaturef�on the instrument the person or the entity upon behalf of the personf�cted, 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 Signature of Notary Public S. FILO W COMM. #1832613 d NOTARY PUBLIC . CALIFORNIA �J P, SAN BERNARDINO COUNTY M My Comm. Expires Jan. 20, 2013 Description of Attached Document Title or Type of Documentr(1MP(� Document Dater I u Number of Pages —� 964. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date ereby nominate, constitute and appoint Randy SPOHN and Matthew R. DOBYNS, bo Ii EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and i ° d as its act and deed: any and all bonds and undertakings, and the exe . ® s o suance of these presents, shall be as binding upon said Company, as fu a in a if they had been duly executed and acknowledged by the regularl .t ice in Baltimore, Md., in their own proper persons. This power of atto th PORN, dated April 6, 2004. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° y, and is now in force. IN WITNESS OF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this lst day of May, A.D. 2009. ATTEST: '�,c of:vos�i e State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary 0 Theodore G. Martinez i On this I st day of May, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -3955 3964. EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15 th day of July , 2009 Assistant Secretary 764. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 15, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® 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 /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ERIKA GUIDO California that the foregoing paragraph is true and correct. COMM. # 1843731 g 0'My NOTARY PUBLIC CALIFORNIA v WITNESS my hand and official seal. 3 ORANGE COUNTY ^' comm. expires May 5, 2013 1t 1 1 a Signature of OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TOM DALY CLERK - RECORDER PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATION OF ADMITTED SURETY INSURER I, Tom Daly, County Clerk- Recorder in and for said County, do hereby certify that based on the statewide database that FIDELITY AND DEPOSIT COMPANY OF MARYLAND has been issued a Certificate of Authority as an Admitted Surety by the Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California, OR, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Witness Whereof, I have hereunto set my hand and affixed the seal of said County this 241+1 day of July, 2009. Tom Daly, Orange County Clerk - Recorder By: &/ , Deputy Clerk Rosalba ieyn (Seal) i U -g ,AUNTY CP' NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BR rOFFCE nSIORI; DOW !OWN FULLERION HALL Of FINANCE AND RECORDS .AGUNA HiLLS CIVIC CENTER 201 N {ARBOR BOULEVARD !2 CIVIC CENTFR F•:A7A. ROOM 101 24031 E. TORO ROAD CAL fORNIA 92832 SANTA ANA. CALIFORNIA 92701 LAGUNA HILLS. CALIFORNIA 92553 (714) 834 -2500 • FAX (714) 834.2675 • WWW.00RECORDER.COM ♦ WWW,OCARCHIVES.COM ,5Jb4 No. 4662 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Fidelity and Deposit Company of Maryland of Baltimore, Maryland, organized under the laws of Maryland, subject to its Articles of Incorporation or other fundamental organizationuil documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Cartier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are iti effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 29th day of January, 1985, 1 have hereunto set my hand and caused my official seal to be affixed this 29th day of January, 1985. Fee $50.00 Bruce Bunner Insurance Commissioner Rec. No. S4314 Filed 12/3/84 By Victoria S. Sidbury Deputy Certification I, the undersigned Insurance Commissioner of they State of California, do hereby certify that 1 have