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Bond - GCI Construction - 2014-06-17FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 0608907 Premium: $1,189.00 EXECUTED IN TRIPLICATE COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on , has awarded to CONTRACTOR GCI Construction, Inc. 1031 Calle Recodo, Suite D San Clemente, California 92673 hereinafter designated as the "Principal ", Contract No. CMSD PROJECT #200 -A for the work described as follows: FORCE MAIN REPLACEMENT FOR MENDOZA PUMP STATION. Said AGREEMENT and all of its obligations, covenants, tars and conditions are fully incorporated herein by reference. WHEREAS, the said Principal is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT, including a one (1) year guarantee of the work performed. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and INTERNATIONAL FIDELITY INSURANCE COMPANY, 233 WILSHIRE BL. STE 820, SANTA MONICA, CA 90401 (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Eighty Two Thousand Five Hundred Forty Dollars ($82.540.00), said sum being not less than one hundred percent (100 %) of the AGREEMENT price for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its offices and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one year guarantee on work performed after said work has been completed. The one (1) year period shall commence on the date the Notice of Completion has been recorded. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees as fixed by the court. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0608907 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the work. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3rd day of JUNE 2014. GCI Construction, Inc. Contractor Name 1031 Calls Recodo, Suite D Street Address San Clemente, CA 92673 City, State, Zip Code PRINCIPA By Company R p ative j.ffi.I1J.0 -�Il iPJ In accordance with the Conto-r- a/ct�for.ICMSD PROJECT #200 -A, FORCE MAIN REPLACEMENT FOR MENDOZA PUMP STATION, all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by an admitted surety. INTERNATIONAL FIDELITY INSURANCE COMPANY Name 233 WILSHIRE BL. STE 820 Street Address SANTA MONICA CA 90401 City, State, Zip Code SU Y ey: Comp y R pr ea t tive JEREMY PENDERGAST, ATTORNEY -IN -FACT APPR V AS ORM: Colin R. Burns. Associate District Counse Costa f to CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange J} On June 16, 2014 before me, Janet Gillespie - Notary Public ml. N.re mwn Neme em nue ai me alder personally appeared Terry D. Gillespie NameW ul slae•asl JANET GILLESPIE c~ Commission ♦2049968 z ai Notary Public Celllorola s Orange County My Comm. EIIPIres Dec 21.2017+ who proved to me on the basis of satisfactory evidence to be the personQg) whose name() iatVis subscribed to the within instrument and acknowledged to me that hefg%/3ii4'j executed the same in hls/1(grAWW authorized capaciti,W), and that by hisA6kAW signature(g) on the instrument the personQg), or the entity upon behalf of which the persol 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 in hand and official aea. Place Wil Seel Above Slgnatue alrn,wr. of rv•L,r r.a OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(tes) Claimed by Signer(s) Number of Signers Name: Signer's Name: 0 Individual 0 individual 0 Corporate Officer —Title(s): O Corporate Officer— Title(s): 0 Penner -0 Limited 0 General _ _ _ ❑ Partner -0 Limited O General _ 0 Attorney in Fact - 0 Attorney in Fact 0 Trustee Top d mama nere 0 Trustee Top d Inume nee • Guardian or Conservator 0 Guardian or Conservator • Other: 0 Other: Signer is Representing: Signer is Representing: 04007 ft rNMrr AVdann- a 35O De Sd0 Aw. P.e.em2402 -MRu dh. G 91313240c-p AefinNrlaUgnr, Ivm Aim? Pe0,L0[GO I.N.1[OT97B 7 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERS On G�3�f L/ before me, R. NAPPI "NOTARY PUBLIC" , (Here insert name and tide attar afro) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the personWwhose name((Wis/arersubscribed to the within instrument and acknowledged to me that he /shk kltey executed the same in his/herftheir authorized capacity(aes� and that by his/herftheir signature. oon the instrument the person( , or the entity upon behalf of which the personjW 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. R. NAM COMM. M1977782 WITNESS my hand and official seal. lw7atvpntale.'41leonnu m MY C= Eaine COUN7Y rpker.hne 7, POte Sigature aN� —r (Naary seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached document) (Title or description ofomched document continued) NumberofPages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (a) • Corporate OEcer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Vovmn CAPA 02 .10.07 SM- 873 -9865 www.NotaryClomas tam INSTRUCTIONS FOR COMPLETING THIS FORM A, acknmrledgmem completed in Calti aria orate carmla verbiage aaab, ore appear above In she notary section ar a separuse ncknmredgmenstorn, am,, be properly completed and avached so shm docunrens. The only emeptum is If o documms is in be recorded outride or" Collfomk. In such mounsces, o, ishenmpre acknmrledgmm verbiage as nmy be primed ar sxh er docunrens so long or he verbiage does nos require she moony m do san shin, seas is illegal for a namry in Call mfa (i.s. onr(fddng the mohoneed capagsy, of dm st cr). Please check he do memre%ultyJorpro rnowriahvardingaMauach dais %am Jrequired. • Stole and County information must be the Stem and County where the document signer(s) personally appeared before tae notary public forackrmwledgment. • Dare of contribution most be fine date taN the sigom(s) personally appessed which must also be the some data tae acknowlodgment is completed. • The notary public most print his or her ante as it appears within his or her commission followed by. ammo oral then your title (notary public). • Print the romr(s) of document signals) who personally appear at dre time of notarinstion. • Indicate the correct singular or plural forms by crusting off incorrect forms it e. he/shali is /am)orcircling thecooed forms. Failure to correctly indicatethis miasmatic. may lead to rejection afdocumcm recording. • The rmtmy seal impression most be clear and photographically reproducible. Impression most not cover text or lines If ecol impression smudges, re -sal if a suRcicnt area permits, otherwise complete u different ack.ledgment form, • Sigoowre of the notary public must match the signature oa ale with the office of the county clerk. 9 Additional information is not required but could help m ensure this acknowledgment is rot misused oraaached m o different document Indicate title or type ofaaoched document, number ofpagas and dam. t Indicate the capacity claimed by the signer. If the claimed capacity is o corporate otncar, indicate tae title (iae CEO, CFO, secretary). • Securely such this document to the signed document PAYMENT BOND PAGE 1 Bond No. 0608907 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on has awarded to CONTRACTOR GCI Construction, Inc. 1031 Calle Recodo, Suite D San Clemente, California 92673 hereinafter designated as the "Principal ", Contract No. CMSD PROJECT #200 -A for the work described as follows: FORCE MAIN REPLACEMENT FOR MENDOZA PUMP STATION. Said AGREEMENT and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, said Principal is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and INTERNATIONAL FIDELITY INSURANCE COMPANY, 233 WILSHIRE BL. STE 820, SANTA MONICA, CA. 90401 (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Eighty Two Thousand Five Hundred Forty Dollars ($82.540.00), said sum being not less than one hundred percent (100 %) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. PAYMENT BOND PAGE 2 Bond No. 0608907 Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the Contract Documents and /or of the work to be performed thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3rd day of JUNE 2014. GCI Construction, Inc. Contractor Name 1031 Calle Recodo, Suite D Street Address City, State, Zip Code PRINCIPAL By Company sentative -T d�.%i1 vie) In accordance with the Contract for CMSD PROJECT #200 -A, FORCE MAIN REPLACEMENT FOR MENDOZA PUMP STATION, all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by an admitted surety. INTERNATIONAL FIDELITY INSURANCE COMPANY Name 233 WILSHRIRE B. STE. 820 Street Address SANTA MONICA, CA 90401 City, State, Zip Code SURET Bv: Company epr 'entati a JEREMY PENDERGAST, ATTORNEY -IN -FACT APPROV S TO FORM: Colin R. Burns, Associate District Counse Costa Mesa Sanitary District By /s/ Z-��� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 16, 2014 before me, Janet Gillespie - Notary Public etle Hele lneetl Nema eMTtle al lM1e nllAer 1 personally appeared Terry D. Gillespie JANET GILLESPIE Commission x 2049968 i M Notary Public - California ' Orange County M Comm. Ex ires eea 21.2017 who proved to me on the basis of satisfactory evidence to be the personK) whose name(A) IsAiNe subscribed to the within instrument and acknowledged to me that he /N* executed the same in hislW)MW authorized capacity(t), and that by hisA6W1 W signature(el) on the instrument the person(4), or the entity upon behalf of which the person (d) 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 and and of ial as I. aLe. net sea naa.e Signature 9I W snemre m Na.,y puoue OPTIONAL Though the information below is nol required bylaw fl may prove valuable to persons relying on the document and couldprevent fraudulent remavel end reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(tes) Claimed by Signers) Number of Pages: Signer's Name: Signers Name: • Individual ❑ indlvldual • Corporate Officer — Tille(s): O Corporate Officer— Title(s): O Partin er —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact n Attorney in Fact ❑ Truste Top l m„mu he. 11 Trustee rop al lnumn nere ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02W]NB9ma NO q 06996'9] ae ccaR ., no 8=24t2•Getrvm,IKM 91313.24n'w Vellorslnm lq 11 npcea nwNacoaIT waF I9M?6692] CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On ��3�7if before me, R. NAPPI "NOTARY PUBLIC" (Here urnm name and title ofthe.Rear) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the personKwhose name(Wis /arersubscribed to the within instrument and acknowledged to me that he /she/t4ey executed the same in his / IcAltheir authorized capacity(ies), and that by his/heritheir signature(e}on the instrument the person, or the entity upon behalf of which the person.W 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. R. NAPPI WITNESS my hand and official seal. y COMM. #1977782 a NOTARY PUBLIC• CALIFORNIA y RIVERSIOECOUNTY 8 kN CommE plroe 1, tai Sigmature ofN�ubliic (Nnhmy Seat) "°°•' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title m description ofntached document) ( Title., descriptionifarached document common) Number of Pages Document Date ( Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) ❑ Partner(s) • Attorney -in -Fact • Trustee(s) ❑ Other 2008Veeion CAPAv12.10078M -875 -9865 w +s+v. NoaryClosseseom INSTRUCTIONS FOR COMPLETING THIS FORM A, acMaeledgmenr cave feed In Colo ue nmar conmin ve,birgo .11, or W. above In the namry rmsinn ar a eepomm who myfed ra nr jinn mutt be properly reerplerni and coached in her document. The only ereplon it if o document it in be recorded outride ofCalfomhe In rueh immnrer, any abemanve ocbnmdedgmenr verbiage as nay be printed car unch a ducuoanr ra long m the verbiage does nor require the crow v I. de something the, it Illegal for a wm0 in Callfomm Ox, cenfying the authorized rapadir of the rilib . Phorue check the document cmafullyforpmper material ucrdiM and coach this/ iifeaquind. • State and County information mail be the sure and County where the document aigrette) Fanatically appeared before the nary public forackirmledgment. • Data of.waricalum most be the data SW she eigraws) pomanally appeared which must also be the some data the acknowledgment iscompletrd. • The notary public most print his or her name as it appears within his or her commission followed by o comma and then your title tnoary public). • Pont the manuals) of document signers) who personally appear at the time of nolmiratum. • Indicate the comet singular or plural home by crossing off incorrect forms (i.e. hadshcAl eyr is face) or circling @e correct forms. Failure in correctly indicate this information may lead to injection of document recording. • The Policy seal impression most be clew mud phonographically repmducble. Impression most not cover tat or lines. If said impression smudges, re -seal if a ramcant area parmie, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on ale with the once of the county clerk. 3 Additional information is rem required but could help so ensure this acknowledgment is .1 mishaed or anamed to a different document. Indicate title or type of attached document, number of pages and date. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretory). • Becaely anech this document to the signed document Tel(97i)624 -7260 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY H0ME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL SITS BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organaed and existing laws of the Sate of New Jeraey, and having 'ns princ'mal a fice hr the City of Newark, New Jersey. does hereby consulate and appoint MICHAEL D. STONG, JEREMY PENDERGAST - Riverside, CA. ,IS nay uIl ill su rn y(9'm pct to execute, I red tell for ad ni¢bhlf srety. any and all bonds and undertakings, nuet I d 'ty and other w rtmgsn bl'gal ay n the nature thereof, which are r may be (lowed. Inned or ppwmittea by la tenure, le 88 lahon, combat, nr ntherw'se, sad the exe i 1' ch narwnentrsl in p n (If these Present,. shelf h . tom ding upon the sold INTERN.CTIUNAL FIDELITY INSURANCE COMPANY Is, fully an I amply. ur all ,items and pmot., a it to, more had list. duly execmed and acknowledged by its regularly elected officers at its DDnciPal dri't. This Power of Abu rnev le execuad, and maY be invoked, pursuant to and by authority of Article 3seaion3, of the By Laws adopted by the Board of E io.byc of INTERNATIONAL FIDELITY INSURANCE COMPANY an a meeting called and held on the 7th day of February. 1974. The President or any Vice President. Executive Vice President. Secretary or Asvisam Secretary, shall have power and authority tU To appoint Attorneys -an [act. and le authorire Them to execute tin behalf of the Company, and open the Seal of the Company dnerem, bonds and undertakings. contracts of indemnity and other writings obligatory In the nature thereof and. 21 To remove, at any time, any such attorney in n -fact and revoke the authority given. Further, this Power of AtmmeY is signed and sealed h facsimile pursuant to resolution of the Board of Directors of said Company adapted at a meeting duly called and held our the 29th day of April, 1982 of is rich the following is a true excerpt: Now 0eaefrre Ne signatures of such officers and the seal of the Company may be affixed to any such power' of attorney or any certificate reading thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power se executed and certified by fiesimile atgnemres and facsimile seal shall be valid and binding upon fine Company in the more with lespeu m any hond or undertaking to which inns attached. `,�pnn unrnyr gyp• °,Sy{y VA, "• IN TESTIMONY , New J WHEREOF, 1 have hereunto set my hand affixed my Off¢ial Seal. �''., m the City of Newark. New Jersey fire day and year first above written. to L'. a-S s s ., OgL� ., °9 OFNEW d�ee• " "'I' ,o „r” A No FAR) PUBLIC OF NEW IERSEY CFRTIFICAfION My Cemmisvme Expire, March. 27, 2014 I. the undersigned utT¢cr tit INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared die foregoing copy of the Power of Attorney turd abide, it, and the copy of the Section of the By-Lnws of chid Company as act forth in mid Power of Attorney, with d(e ORIGINALS ON IN TIII', HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the mitt originals, and that the said Power of Attorney has not been revoked and is now in full Dace and effect IN TESTIMONY WHEREOF. 1 have two nano set try hand this 31w day oF�JLL Ym2 , aU t ` \� /L Avci,ganl Scerdrry ed and ts WHEREOF. A COMPANY AD.2007.thls Insuumum m be effi 9 to bNTER e1NhUR6d, da gl ylits au hmlzed 9 INTERNATIONAL FIDELITY INSURANCE COMPANY m � D� CD STATF IfF NEW IERSEY <� Caunly of PSSCx '�^- Seermary On this 16th day of October 2007, befne arc cans the individual who execmed tiro reeedinRR' instrument. to ore perm nail known, and, being by me duly FIDELITY INSURANCE COMPANY; fire to awnm, sod the he is the therein described antl as lion,rde firer of the INTERNATIONAL that seal affixed said inswment is tire Corporate Sent of xald Co ulan"; Not the said Corporate Seal and his dgnamre were duly affixed by order of the Board of Directors of said Company. `,�pnn unrnyr gyp• °,Sy{y VA, "• IN TESTIMONY , New J WHEREOF, 1 have hereunto set my hand affixed my Off¢ial Seal. �''., m the City of Newark. New Jersey fire day and year first above written. to L'. a-S s s ., OgL� ., °9 OFNEW d�ee• " "'I' ,o „r” A No FAR) PUBLIC OF NEW IERSEY CFRTIFICAfION My Cemmisvme Expire, March. 27, 2014 I. the undersigned utT¢cr tit INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared die foregoing copy of the Power of Attorney turd abide, it, and the copy of the Section of the By-Lnws of chid Company as act forth in mid Power of Attorney, with d(e ORIGINALS ON IN TIII', HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the mitt originals, and that the said Power of Attorney has not been revoked and is now in full Dace and effect IN TESTIMONY WHEREOF. 1 have two nano set try hand this 31w day oF�JLL Ym2 , aU t ` \� /L Avci,ganl Scerdrry