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Bonds - Schuler Engineering Corporation - 2013-09-26 • • FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 0598443 Executed in Triplicate COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT,WHEREAS,the COSTA MESA SANITARY DISTRICT,a unic a corporation cor oration and sanitary district, by minute order of the Board of Directors,adopted on 't\2-(0 2.O\., ,has awarded to CONTRACTOR Schuler Engineering Corporation 564 W. Bateman Circle Corona, CA 92880-2011 hereinafter designated as the "Principal", Contract No. CMSD#201 for the work described as follows: 21st Street Pumping Station Piping and Valve Replacement. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS,the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract, including a one year guarantee of the work performed. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and International Fidelity Insurance Company,233 Wilshire Boulevard,Suite 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: SIXTY FIVE THOUSAND SEVEN HUNDRED SIXTY SEVEN Dollars ($65,767), said sum being not less than one hundred (100%)percent of the Contract 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 Contract 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 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. 19 II • FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0598443 Executed in Triplicate 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 5th day of September , 2013. Schuler Engineering Corporation Contractor Name 233 Wilshire Boulevard.Suite 820 Street Address Los Angeles,CA 90401 City,State,Zip Code PRINCIPAL -BY. Company pre ntative Kenti-'D. hintaku, Secretary In accordance with the Contract for CMSD PROJECT#201, 21st Street Pumping Station Piping and Valve Replacement, 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 Boulevard,Suite 820 Street Address Santa Monica,CA 90401 City, State,Zip Code SURETY By: y �_I Company 'epr-enta ive Scott Salandi,Attorney-in-fact APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By/s/ 20 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 (C )) State of California ?i County of Rwc1`f- ide ( On ci /10/13 before me, Liao.. ` . Lochow ioZ , N 01-a.t`� Public. , ^� Date Here Insert Name and Title of the Office {? personally appeared ken j-t D. 5hint-a u . 5ecsettary Name(s)of signer(s) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(0) is/yam A subscribed to the within instrument and acknowledged >> to me that he/sloe/they executed the same in >> his/bet/their authorized capacity4ies), and that by his/her/their signature,(%) on the instrument the �� -. LISA I. LACH'OWICZ erson ' p (�, or the entity upon behalf of which the �j _..411W.. Commission#2005664 = person(s) acted, executed the instrument. >> 11'7 Notary Public-California , ii Riverside County I certify under PENALTY OF PERJURY under the >> Comm.Expires Fe 21,201 7 _1":"., --- - - - - - laws of the State of California that the foregoing paragraph is true and correct. ." ) i' ( WITNESS my hand and official seal. >> ( Signature: ,• ( � c1 - QhO ( Place Notary Seal Above Signature of Notary Public 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: Fai-tb-N PectormedIce_ Bcnd Document Date: 9 /Jr 1)3 Number of Pages: 2 ( Signer(s) Other Than Named Above: Sccrft 'Sca)Qnd i v� • Capacity(ies) Claimed by Signer(s) • ( Signer's Name: Len ■ 0 . hin1ntu Signer's Name: ( > 2"-Corporate Officer — Title(s): Seece.tol CI Corporate Officer — Title(s): ( J ) ❑ Individual ❑ Individual j� ❑ Partner — ❑Limited ❑General ❑Partner — ❑ Limited ❑General >> ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee >> ❑ Guardian or Conservator ❑Guardian or Conservator >> ❑ Other: ❑Other: Signer Is Representing: Schuler En9∎neer i 1)3 Signer Is Representing: Ccc pot-cltlon J O 2012 National Notary Association •NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 S • ACKNOWLEDGMENT State of California County of Orange On September 5th, 2013 before me, Kelly A. Vincent, a Notarty Public (insert name and title of the officer) personally appeared Scott Salandi, Attorney-in-fact 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. bF;tiF KELLY A.VINCENT N + a'm COMM. #2029982 �., w NOTARY PUBLIC CALIFORNIA ' ORANGE:COUNTY 2 Signature (Seal) c MY COW EXP.JUNE 21,2017 1 — — - — -- l I • • PAYMENT BOND PAGE 1 Bond No. 0598443 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 (p\12tP\'A01.b ,has awarded to CONTRACTOR Schuler Engineering Corporation 564 W. Bateman Circle Corona, CA 92880-2011 hereinafter designated as the "Principal", Contract No. CMSD PROJECT NO. 201 for the work described as follows: 21st Street Pumping Station Piping and Valve Replacement. Said Contract 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 Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and International Fidelity Insurance Company,233 Wilshire Boulevard.Suite 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: SIXTY FIVE THOUSAND SEVEN HUNDRED SIXTY SEVEN_Dollars ($65,767), said sum being not less than one hundred (100%) percent of the estimated amount payable under the terms of the Contract 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. 17 • PAYMENT BOND PAGE 2 Bond No. 0598443 Execute in Triplicate 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 5th day of September , 2013. Schuler Engineering Corporation Contractor Name 564 W Bateman Circle Street Address Corona,CA 92880 City,State,Zip Code PRINCIPAL ` By: x _ % , Company Re r se t tive Kenji D. Sh' taku, Secretary In accordance with the Contract for CMSD PROJECT #201, 21st Street Pumping Station Piping and Valve Replacement 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 Boulevard,Suite 820 Street Address Santa Monica,CA 90401 City,State,Zip Code SURETY Company epresentative Scott Salandi,Attorney-in-fact APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanita District By/s/ v Cam✓(/ 18 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 v-v-/-.-,-i--i--r,v_./�•r-v-'v,v-v-/'V'i-- f'v-., ' v^•r-•r'/ ./' v-.-v-v'-•/-v--v-r- /-✓-v-•/-'•/-•/- (G )) State of California County of Riveclbide On 9 I IO l i3 before me, 1.-i i . Lo. how icZ , N o-tvx- Po b I iC , Date Here Insert Name and Title of the Officer ij personally appeared Ket�j f D . Sh i ntato >> Name(s)of Signer(s) ' >> who proved to me on the basis of satisfactory j evidence to be the person(s) whose nameless.) is/.affe C 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/tier/their r/their signature„(.$) on the instrument the ; person g), or the entity upon behalf of which the • , . LISA I.LACNOW ��. persons acted, executed the instrument. , _ Commission*20i 1 ^` r Notary public-Ca 4'!, Riverside County - I certify under PENALTY OF PERJURY under the M Comm.Ex ires Feb 27,2017 laws of the State of California that the foregoing >> paragraph is true and correct. ( WITNESS my hand and official seal. >> Signature: �20.> c,� . cteilr�t>Jit?> ;? ( Place Notary Seal Above Signature of Notary Public OPTIONAL ( Though the information below is not required by law, it may prove valuable to persons relying on the document I� ( •and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �� Title or Type of Document: -11.'fnen't eonU j Document Date: 9 /5/ 13 Number of Pages: Z ( Signer(s) Other Than Named Above: Scott SQlcknd.I Capacity(ies) Claimed by Signer(s) i ( Signer's Name: e ;i 1) . SI)intatO Signer's Name: ;S V Corporate Officer — Title(s): Se_CCe-' ac'i. ❑Corporate Officer — Title(s): El Individual �J ❑ Individual ( ❑ Partner—❑Limited ❑General El Partner — El Limited ❑General >> ❑ Attorney in Fact ❑Attorney in Fact ( ❑ Trustee ❑Trustee >> ❑ Guardian or Conservator ❑Guardian or Conservator 7� ❑ Other: El Other: 9� Signer Is Representing: i e El.' lee it Signer Is Representing: Coc cbroll on t O 2012 National Notary Association •NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • • ACKNOWLEDGMENT State of California County of Orange ) On September 5th, 2013 before me, Kelly A. Vincent, a Notarty Public (insert name and title of the officer) personally appeared Scott Salandi, Attorney-in-fact 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/California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "P 44. KELLY A.VINCENT N o� "--tt$ comm.#2029982 4:;� NOTARY PUBLIC•CALIFORNIA r j'`'' ORANGE COUNTY N 4 • MY COMM.EXP.JUNE 21,2017 Signature ' 4/1/1"; (Seal)