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CONTRACT 4676 Other CLOSEDAgreement No. 4676 AWL City of El Segundo Residential Sound Insulation Program Residential Sound Insulation Program Contract between The City of El Segundo and <Contractor> This Contract is entered into this �`�day of �° 20,,� by and between the City of El Segundo, a general law city and municipal corporation/ ("the City") and Harry H. Joh Construction Inc. ("Contractor"). 1. Work A. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; B. The Contractor must 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 install all products and provide all services required of the Contractor by the Contract Documents (the "Work"). C. The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans; Addenda; Notice of Award; Notice to Proceed; Requests for Information; Requests for Change Orders; 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 I'h it� a+J iy �� ( �a"� ti es to a t,e Co tr dollars actor a sum not to exceed Do for the Work to the manner sek foam to the Cntracl 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 in accordance with the Construction Schedule (the "Contract Time"). Contract 1 Last Modified: March 15, 2012 Agreement No. 4676 City of El Segundo Residential Sound Insulation Program B. City may, but is not required to, allow time extensions or alterations to the Construction Schedule if -Contractor causes a delay- in City issuing a Notice to Proceed: -C. The Construction Schedule will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. D. The Contractor must not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a Notice to Proceed. E. 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. F. 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 5. 6. 7. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 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. Taxpayer Identification Number The Contractor will provide the City with a Taxpayer Identification Number, 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. Contract 2 Last Modified: March 15, 2012 Agreement No. 4676 City of El Segundo Residential Sound Insulation Program 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 and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and 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: city Contractor RSI Program City of El Segundo City Hall Contract 3 Last Modified: March 15, 2012 Agreement No. 4676 City of El Segundo Residential Sound Insulation Program 350 Main Street El Segundo, CA -90245 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 who 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 are for the exclusive benefit of the Contractor and the City and not for the benefit of any other 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 Los Angeles County. 15. 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. Precedence of documents as determined in the Conditions of the Contract. 16. 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. 17. 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. Contract 4 Last Modified: March 15, 2012 Agreement No. 4676 City of El Segundo Residential Sound Insulation Program 18. 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. 19. 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. 20. Captions. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. Waiver.. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver 22. Time is of Essence Time is of the essence for each and every provision of the Contract Documents. [Signatures on next page] Contract 5 Last Modified: March 15, 2012 Agreement No. 4676 City of El Segundo Residential Sound Insulation Program IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. City of El Segundo: Contractor: A general,0411y and iptknicipal c oration. Greg Harry H. Joh Construction Inc. lw anagei- By:- u Print Name: Harry Joh Title: President Taxpayer ID V v*� , Number Contractor State License Number Contractor City Business License Number 36105 APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTMN By: as Karl rr, Ass an sty Attorney 33-0829787 469845 Paramount, CA Contract 6 Last Modified: March 15, 2012 ISSUED IN TWO (2) ORIGINAL COUNTERPARTS Agreement No. 4676 City Segundo of El Se ndo Residential Sound Insulation Program. FAITHFUL PERFORMANCE BOND Harry H. Joh Co-struc.tion Inc. Bond No. 660907 Bond Fee: $9,995.00 as principal ("PRINCIPAL") and International Fidelity Insurance Company a corporation incorporated under the laws of the State of California 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 Six Hundred Forty Nine Thousand Four Hundred Eighty Eight and No/100 —dollars (C649,488.00 ), (words) 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, Contract Documents for Group 58 (RSI 14 -_10 of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4676 executed for, such 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 improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements of the Contract Documents for the PROJECT and with permits issued by the 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 PROJECT for a period of one (1) year following the PROJECT's completion and acceptance by the CITY. 4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. Faithful Performance Bond 1 Last Modified: April 22, 2009 Agreement No. 4676 CeMcate pursuant to 5.() Code of Civil Procedure p DEANC, L County Rerkofth County o ., � u � ry g:� "a� stag« of California, in and for said County DO HEREBY CERTIFY THA'r icula i tl `5, p' W� has a a irtu iml( of authoritv as an WOVA, sore4, issued ed y the California hnsurance Gornmissi n ..r mnormBng Me muter to nraisact surety insurance in RnSU.�&'�B& e w �Nte that aa�unonrp nas a w eno sui a eted, revoked, d, �n The�°�a�Rn�wut'u"'� le��tr the State of Cafiforma 16a� ° as M r �„!Ya' a W (w Fhe a� a ' " annuRed,orsuspendeo in des o o y Whet tg u have hemunio set uny hand and affixed seal of said County on �COUNTY CLERK w � a IDeputy ty Re � _ ®uAn Agreement No. 4676 City of El Segundo Residential Sound Insulation Program 5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("BSMC"). 6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, 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. 7. This bond consists of this instrument; the Contract Documents 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. 8. Should PRINCIPAL perforce 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 19TH day of SEPTEMBER. `1 PRINCIPAL's President PRINCIPAL's Secretary SURETY' I E. VEGA, ATTORNEY -in -FACT INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY's Secretary NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address 7303 Somerset: Blvd. Paramount CA 90723 SURETY's Mailing Address 534 E. Badillo Street Covina CA 91723 Faithful Performance Bond 2 Last Modified: April 22, 2009 NOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized .and existing under the laws of the State of New ,Jersey, and ALLEGHENY" CASUALTY COMPANY a corpoiratlon ortgonlzed and existing under the laws of the State of Pennsylvania,g principal e in the CIt of Newark„ NewJersey, do hereby constitute and appoint I�avin tfrelr iunoi al office y ._ NiE IN E,VEGA,,BRITTON CH ISTIANS NON N'HILIP E. VE A MYRNA SMITH _.__..., Covina, CA. their true and lawful attorneyts)-lr"t-tact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wnfin s obligatory n the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execupmn of suc.lt Instrurnent(syy In��ursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALLY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers, at their principal offices. This Power of Altorne is executed, and ma be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEG CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY'at a nieeltntt duiy held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meetingi duty held on the 1151h day of August, %00: "RESOLVED, that (I the President Vice President„ Executive Vice President or Secretary of the Corporation shall have the B ower to a point, and to revoke the appoirbgmeo is of„ ttorneys-in-Fact or agents with power and authority as defined or firnited in their respective powers of atiorney„ an to execute on behalf of the Corporation and affix the Corporation's seal thereto bonds, undertakings, recognizances, contracts of inderrirrit and tether written oblictattons In, the nature thereof or related theretl�; and (2) any such Officers of the Comoration may appoint and revoke the a ppointmenRs of Joint -control custodians„ a ents for acceplance of process, and Attorneys -in -fact with authority to execX waivers and consents on behalf of tfre Corporation; and {3) the signature o any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certtir'ficau, or the execution of any bond,, undertaking, recognizance„ contract of indemnity or other written obli�, ation in the nature thereof or related thereto, sucfr sl nature and seals when so used whether heretofore or hereafter, being hereby ado ted by tl ie Porporation as the original sl�nature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with he same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014, STATE OF NEW JERSEY ° CiNSlkt yy"` County of Essex°, ;AL. 190.4 1936 Es ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, + at the City of Newark, New Jersey the day and year first above written. .4 A NOTARY PUBLIC OF NEW JERSEY Z My Commission Expires April 16, 2019 *OANA.9Wni+"�'' CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Agreement No. 4676 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of .mks._ rx:�e1e.s;- On ,_,_SE.P` 19 2014 _ before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose name(v4 is/a;@.. subscribed to the within instrument and acknowledged to me that he/sWt4eq executed the same in MONICA BLAISDELL his/h"k! t r authorized capacity(Wet- and that by Commisslon # 1970845 his/hgdtheic- signature(W on the instrument the Notar o lic . California Oran a Co,onl7 t person(i*, or the entity upon behalf of which the M Cannw. Ea Iraq Mar 8, 0t5 � person* -acted, executed the instrument. M 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: Place Notary Seal Above Slannf ,re. of Naaaxry Pubbe.. Agreement No. 4676 ACKNOWLEDGMENT State of California County of Los Angeles ) On 9/29/1 4 before me, Dale Jung, Notary Public (insert name and title of the officer) personally appeared Young Salo who proved to me on the basis of satisfactory evidence to be the person(z) whose name(- isf�-e subscribed to the within instrument and acknowledged to me that belshefthey executed the same in hWher/tl authorized capacity(eq), and that by hWherfteir signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, ALiUNG com# 930632 Notary Public -California M Los Angeles County Comm. Fypires Mar 28, 2015 w, Signature`... x �k ,;),,06 (Seal) Agreement No. 4676 State of California County of Los Angeles On 9/29/14 ACKNOWLEDGMENT before me, Dale Jung, Notary Public (insert name and title of the officer) personally appeared Harry Joh a who proved to me on the basis of satisfactory evidence to be the person(s) whose name( ishafe subscribed to the within instrument and acknowledged to me that he/sheAh" executed the same in hisfh,erAfi it authorized capacityo'eq), and that by hisAiedtheir signature(s) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatre..„ t xdfi (Seal) DALEJUNG Comm. #1930632 `. Notary �ailw•C�if+rni Lo Are eMes Courwt COMM, Expires Aar 28, 061 ISSUED IN TWO (2) .ORIGINAL COUNTERPARTS Agreement No. 4676 City of El Segundo Residential Sound Insulation Pro m LABOR AND MATERIALS BOND Bond No. 660907 Bond Fee: $9,995.00 Harry H. Job Construction Inc. , as principal C'PRINCIPAL") and International Fidelity Insurance Company , a corporation incorporated under the laws of the State of California and licensed by the State of surety California to execute bonds and undertakings as sole surety, as ("SURETY"), are held and firmly bound unto the City of El Segundo ("CITY") in the sum of Six Hundred Forty Nine Thousand Four Hundred Eighty Eight and No / 100 dollars ($ 649, 488.00 ), (words) 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 the Contract Documents for Group 58 (RSI 14 - 14) of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4676 executed for such Project, and for all work or labor of any kind performed ,for the 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 improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 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 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"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond 1 Last Modified: April 22, 2009 Agreement No. 4676 may. f) 'N {y LOGA �i—/ -- �p4�p��oeuntyp CleA'.W5d�(,y�rf�t;Pgtip_py µ�,,�µ ry�� '��M.^^r�rypp�{{.gi�pp}}. tl o¢yF k M^^aryry ry' tl �kyq ryM'��...x N ialu cVr MJ";,��,�II�M9U9 ia, in and I1 �7U said Md^oui G., I'!1,wr LtlW w� P h P.t �I OJ�tl v YY"'b 'MI �7aaE to of as an drr .�., suret' �ssucwl by the CaUbrriia �01�"rY V'"e���9„�m.�xii�VPlIV4�OWwll�lr'v,V ��11'Y"",�MYfaNlkio'G �<<! IiV�rer9VY�Y 1€Ylnr�lY�x,tiil6daiAYYirI�WY PUru�iP„IIOv�B�����dV"r �+Y bl„➢a(SVU,t y�p;0� ti!°if, �s"" pia �,�11hQ7fIaiY 6i�d II�J4 Y>,.oWsl� �,IUI�Y, 9t goV4�CY1 7(�;°rlihainBd, In restsmuly Wfwreot, s have hereunto set irrhy hand and affixed the seal of SaW ounly Uri nCOUNTYG 'ER Br XS�PRA""G UJpayUo�rnr� Agreement No. 4676 City of El Segundo Residential Sound Insulation Program modification of the Contract Documents, 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 Contract Documents 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 19TH day of SEPTEMBER 2014 .,,, PRINCIPAL's President SURETY LIP E. VEGA, ATTORNEY -in -FACT INTERNATIONAL FIDELITY INSURANCE COMPANY PRINCIPAL's Secretary SURETY's Secretary NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address 7303 Somerset Blvd. Paramount CA 90723 SURETY's Mailing Address 534 E. Badillo Street Covina CA 91723 Labor and Materials Bond 2 Last Modified: April 22, 2009 KNOW ALL LIEN BY THESE PRESENTS: That INTERNATIONAL. FIDELITY INSURANCE COMPANY ,;a corporation organized and existing under' the Mavis of the State of New Jersey, arad ALLEGHENY CASUALTY COMPANY a corporation organized arid existing under the laws lot the State of Pennsylvania, having their, principal office in the City of Newark Now Jersey, (to hereby constitule and appoint KEVfN E. VEGA, BRITTON CHRISTIANSEN, PHILIP E. VEGA, MYRNA SMITH b Covina, CA their true and lawful attorney s)•in-fact to execute, seal and deliver f'or and on its behalf ,;as surety, any and all bonds and undertakings, contracts of inderrinity arid other writing s oblpgartcarY ra the nature�'yl'n reof„ wtrrch are or may be allowed, reaelulred or permitted by law, statute rule, re��,gulation, contract or otherwise and the exectafgron of such instrument,($ ursuance of these presentsu shall be as bindinrg upon the said INTERNATIONAL FMDELiTY INSURANCL.COMPANY arad ALLEGHENY CASUAd �COMPANY as fully and pnufaly„ to all interits and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their priacrpaal;offces, This Power, of Attornew��� is executed arid ma be revoked, pursuanit to and b authorityy+ of the -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and AtLEGi IENY CASUALTY CC�IMPANY and is granted under and Sy uthorXly Of the to owirie resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du hralrl on Vie 201h day of July, 2011 'f and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a tweeting duly held on the 16th day of Auguast, A RESOLVED, that (1 the President, Vice President Executive Vice Presideaa�t or Secretary of the C�orpl iorre shell have the )ower to appoint, and to revoke the ap ioinatraaeruts of, tterrneys-in-Fact or agents wvltk power and authority as defined or limited in their respective powers of attorney„ and to execute on behalf of the Corporation and affix the orporalion s seal thereto, bonds, undertakings, recognizances, contracts of indernnr and, other written,obligations in the nature: thereof or related thereto, and (2) any such Officers of the Corporation may appoint and revoke the ap oinhnen s of joint control custo fans, agients for acceptance of process, arid Atforteys-in-fact with authority to exeou�e waivers arid consents on behalf of ttroe Corpporation, and' gy the signature of any such Officer of the Corporation arid the Corporation's p seat may be affixed by fac�s nifle to any power of attorney or ceri�ufication weir �or the execution of any bond, undertaking, recognizance, contract of indemnity or other written ob(ip'Mil n in the mature thereof or related thereto, suc sa nature and seals when so used. whether heretofore or hereafter being hereby adopted by the Corporation as the original si nature of such officer am the original seal of the Corporation„ to be valid and binding, upon the Corporation with the sane, foror•„ and effect as itaorigl'r iaa�araua y raffixeW, IN WITNESS WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014, STATE OF NEW JERSEY rX ker­• r G County of Essex �� r l .... ✓ � f 19,36 ROttERT W. MINSTER Executive Vice PresidentiCl'uief O aerating Officer �AtAlm, (International tnstarance r,ornpany) and President (AllegMieny Casualty Corhpany) On this 22aad day of July P014, before tiro carom the individual who executed the precedinginstrument, to ague personally known, arid, being by mr duly sworn, said tie is the thereinw described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seats affixed to said instrurraenf are the Corporate Seats of said Companii that the said Corporate Seats arid his signature were duly affixed by order of the Boards of"DNrectors of said Companies, IN TESTIMONY WHEREOF u I have hereunto set n'r hand affixed' My Official Septa **�r�avrunrvarrfiyrat the City Qf'Nwu1d k, Niw JrL£ y9e defy and year �Pr3t above written, : a. _... �$ A NOTARY PUBLIC OF NEW JERSEY Op MwNEIPI _**w . My Commission Expires April 16, 2019 'radar.*awa~ CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect, IN TESTIMONY WHEREOF, I have hereunto set my hand this ' day of MARIA UTANCO„ Assistant, Sepreti Agreement No. 4676 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of . Los _Angel e 9 2014 a..._ On ..,S.EP 1.e ,...4 before me, _ mMonica Blaisdell �..NetGnNotae drH,�,Public.. personally appeared Philip E. Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person)4 whose name(va is/a;e- subscribed to the within instrument and acknowledged to me that he/s'Wt�q executed the same in MONICA BLAISDELL his/Prer"tiir authorized capacity(pe�' and that by Commission # 1970845 his/her/thejc- signature(W on the instrument the Notary Public -California 1 > personK, or the entity upon behalf of which the Orange County M Comm. L ires Mar 26, 2016 person* -acted, executed the instrument. M"WwlI 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. Np Si nature Place Notary Seal Above g Sianaigm of R1Gs"kJL 1".". Agreement No. 4676 ACKNOWLEDGMENT State of California County of Los Angeles ) On 9/29/14 before me, personally appeared Young Salo Dale Jung, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me thathe°/she/ttvey executed the same in Ns/her/their authorized capacity(iaq), and that by hWherAbeif signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DALE WITNESS m hand and official seal.Comm.#1 Nc Y �Cm. #1930632 q,zNotary Public -California r, o Los Angeles County Co mm. Expires Mar 28, 2015 Signatur , Agreement No. 4676 ACKNOWLEDGMENT State of California County of Los Angeles ) On 9/29/14 before me, personally appeared Harry Joh Dale Jung, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(w) whose name(s) Wale, subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in hisAhefAhek authorized capacity(ioj), and that by hisft7Atr"err signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. W.N o E UNG Comm. #1930632tary Public•California os Angeles Countym.pir's far 2, b15 (Seal) Signature r� �,��-� r°(