Bonds - Kinney Construction - 2016-08-16 •
•
SureTec
Bond Number: 4407648
Premium Included In Performance Bond
LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK- CALIFORNIA
KNOW ALL BY THESE PRESENTS that
James H. Kinney, Inc., dba Kinney Construction
830 West Fletcher Avenue, Orange, CA 92865 as Principal, and
SureTec Insurance Company
1330 Post Oak Blvd., Suite 1100
Houston, Texas 77056 as Surety, are held and firmly bound unto
Costa Mesa Sanitary District,
628 West 19th Street, Costa Mesa, CA 92626 as Obligee
in the amount of$750.308.00 , for the payment whereof Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns firmly by these presents. The combined
aggregate liability of the Surety shall be limited to the above stated sum, not withstanding anything to
the contrary in the below stated Contract.
WHEREAS, Principal has by written agreement dated 08/16/2016 entered into a Contract
(referred to here as "Contract") with Obligee for the performance of Tenant Improvements at 290
Paularino Avenue (the Contract "Work");
NOW, THEREFORE, if the above-bounden Principal or its subcontractors fail to pay any of the
persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant, the
Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in
case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file
claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to
them or their assigns in any suit brought upon this bond.
LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK-CALIFORNIA
Page 1 of 2
Signed and sealed this 22nd day of August, 2016.
Principal: James H. Kinney, Inc., dba Kinney Construction
/
Signature „ ,1 . . .. ,
Name : , _ , r C.
Title : (f0
SureTec Insure• - C ny
Signature:
Name : I lam Syrkin
Title : Attorney-in-Fact
LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK-CALIFORNIA
Page 2 of 2
POA#: 510015
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
William Syrkin, Richard Adair, Rebecca Haas-Bates
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'x'of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 21st day of March,A.D.2013.
111111141 SURETEC INSURANCE COMPANY
SUFIANcF '
°f )(AI 0., By: _
w' w �► >I John 7rox Jr. 'resident
State of Texas ss: 1)\,. d ITS
County of Harris -• ,�`
On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
410'44, JACQUELYN MALDONADO
Notary Public•
State of Texas , t
44.0, My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public
My commission expires May 18,2017
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this ` day of V ' US / ,A.D.
Ii L
.Bre t Beaty,Assistant ecretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Los Angeles )
On August 22, 2016 before me, Corinne L. Hernandez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared William Syrkin
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(e} whose name(e)-is/ere—
subscribed to the within instrument and acknowledged to me that he/eey-executed the same in
hisfhesotheirauthorized capacity(ies),and that by hisAier/heir signature(e}on the instrument the person(e),
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
CORINNE L.HERNANDEZ is true and correct.
, Commission#•2083563 WITNESS
�—;�! Notary Public•California i lr►y and official I.
i % Los Ang6
eles County
` M Comm.Ex fires Sep 27,2018
Sig ature 1/
Signature of Notary Public /
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: SIgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General ❑Partner — 0 Limited ❑General
❑Individual NAttorney in Fact Cl Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other.
Signer Is Representing: SureTec Insurance Company Signer Is Representing:
02014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of C)( r'cy., )
On QA.A..J 2 2.-01 co before me, CV-N(1,s-ti IM.CCS Ir'1 Otry -
(insert name and title of the officer) U
personally appeared `LnS15 L. c \A.tYS
who proved to me on the basis of satisfactory evidence to be the person,(s)whose name() is/aye
subscribed to the within instrument and acknowledged to me that /she/tlpey executed the same in
authorized ca aci i and that bybis/fier/ si n
p tY( their ature on the instrument the
9 (�')
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. , - ,.� CHRISTINA M.CANO
1`� Commission#r 2065821
Z Notary Public-California D
;4,1,1 Orange County
M Comm.Ex fires A r 26,2018
SignatureC/1-Ze6Z)))-1.1- --- (Seal)
•
.
SureTec
Bond No. 4407648
Premium: $11,003.00
PERFORMANCE BOND — PRIME OR GENERAL CONTRACTOR
(Public Works)
KNOW ALL BY THESE PRESENTS that
James h. Kinney, Inc., dba Kinney Construction
830 West Fletcher Avenue, Orange, CA 92865 as Principal, and
SureTec Insurance Company
1330 Post Oak Blvd., Suite 1100
Houston, Texas 77056 as Surety, are held and firmly bound unto
[Block containing name and address of Owner/Obligee]
Costa Mesa Sanitary District
628 West 19th Street, Costa Mesa, CA 92626 as Obligee
in the amount of$750.308.00, for the payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns firmly by these presents. The combined aggregate liability
of the Surety shall be limited to the above stated sum, not withstanding anything to the contrary in the below
stated Contract.
WHEREAS, Principal has by written agreement dated 08/16/2016 entered into a contract (referred to here as
"Contract") with Obligee for the performance of Tenant Improvements at 290 Paularino Avenue (the Contract
"Work")
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall perform the
Work required by the Contract, then this obligation shall be null and void, otherwise it remains in full force and
effect.
If there is no Obligee default, the Surety's obligation shall arise after the Obligee has notified the Contractor
and the Surety at the addresses set forth above that the Obligee is considering declaring a Contractor Default
and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after Surety's receipt of such notice to discuss methods of performing the Work to be
performed under the Contract; and if such meeting is not successful, the Obligee has declared a Contractor
Default and formally terminated the Contractor's right to complete the Contract Work. Such Contractor Default
shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as
provided above and Obligee has agreed to pay the Balance of the Contract Price to the Surety or to a
contractor selected by Surety to perform the Contract Work.
Whenever Principal shall be, and be properly declared by Obligee to be, in default under the Contract and the
Obligee has terminated the Contract, the Obligee having performed Obligee's obligations thereunder, the
Surety may:
(1.) Remedy the default subject to the provisions of paragraph (4.) below; or
(2.)Arrange for the continued performance of the Work under the Contract subject to the provisions of
paragraph (4.) below.
(3.) Deny liability in whole or in part and notify the Obligee citing the reasons therefor, in which event
Obligee shall be entitled to pursue such remedies as may be available to it at law, subject to the terms
and limitations hereof.
(4.)The Balance of the Contract Price, as defined below, shall be credited against the reasonable cost of
completing performance of the Contract. If completed by the Obligee, and the reasonable cost exceeds
the Balance of the Contract Price, the Surety shall pay to the Obligee such excess, but in no event
shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges
completion or remedies the default, that portion of the Balance of the Contract Price as may be
required to complete the Contract Work or remedy the default and to reimburse the Surety for its
outlays shall be paid to Surety at the times and in the manner as said sums would have been payable
to Principal had there been no default under the Contract. The term "Balance of the Contract Price" as
used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract
and any amendments thereto, less the amounts heretofore properly paid by Obligee under the
Contract.
As a further condition precedent to coverage under this Bond, Obligee must give Surety the written notice
stated above no later than one (1) year from the earliest to occur of the following: (i) the date of any
abandonment of the Contract; (ii) the date final payment is made to the Principal under the Contract; or(iii) the
date the Principal last performed Work under the Contract. Any default declared or claim made by the Obligee
outside of this timeframe is not covered by this Bond.
No right of action shall accrue on this bond to or for the use of any person or entity other than the Obligee
named herein. By acceptance of this bond, Obligee agrees with Surety and Principal that no suit shall be filed
on this bond after two years from earliest date in sections (i)-(iii) of the immediately preceding paragraph, nor
may suit be brought other than in a state court of competent jurisdiction in and for the county or other political
subdivision of the state in which the project, or any part thereof, is situated, or in the United States District
Court for the district in which the project, or any part thereof, is situated, and not elsewhere; provided, however,
if the limitation or period of time to make claims herein are prohibited by any law, then such limitation or period
of time shall be deemed to be amended so as to be equal to the minimum period of limitation or notice allowed
by such law.
The terms and conditions of this Bond shall be binding upon Principal, Obligee, and Surety, and their
respective successors and permitted assigns. Obligee may not assign this Bond or any rights hereunder
without the express written consent of Surety.
Signed and sealed this 22nd day of August, 2016.
Principal: James H. Kinney, Inc., dba Kinney Construction
Signature'
Name : ' s;pr--'1wkr,z,5
Title : ('
SureTec Insurance ompany
'-I
Signatures
Name : r"�vrkin _
Title : Attorney-in-Fact
• POA#: 510015
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
William Syrkin, Richard Adair, Rebecca Haas-Bates
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'"of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 21st day of March,A.D.2013.
u SURETEC INSURANCE COMPANY
SupANc '
o.',,•••"*.
X ;oo
4'4 lb"9 :� By:
w` w i ni John ox Jr. 'resident
s' fi3O 12
State of Texas ss: o
County of Harris s'''
On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
"P JACQUELYN MALDONADO
( Notary Public
State of Texas 'An
"�of�'' My Comm.Exp.5/18/2017 elyn Maldonado,Notary Public
My commission expires May 18,2017
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this,9) day of 4nri J J.5-4: 207(2 ,A.D.
11L
.Bre.t Beaty,Assistant ecretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Los Angeles )
On August 22,2016 before me, Corinne L. Hernandez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared William Syrkin
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(* whose name(e-is/are—
subscribed to the within instrument and acknowledged to me that he/sI iey-executed the same in
his/1'erfteirauthorized capacity(ies),and that by hisitterV#heir signature(s)-on the instrument the person(e),
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
CORINNE L. HERNANDEZ is true and correct.
Commission#2063563 Z WITNESS m hand o ial I.
�` Notary Public-California D y
V-?0! Los Angeles County
M Comm.Expires Sep 27,2018
S' natu =( d d 4 L44. .t.. 1°
Signature of •tary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: SIgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): El Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General El Partner — ❑ Limited ❑General
❑Individual 2rAttomey in Fact ❑Individual 0 Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: El Other.
Signer Is Representing: SureTec Insurance Company Signer Is Representing:
02014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On Ct.c.k.3 Z3, 2-0t So before me, Christina M Cann,Notary
(insert name and title of the officer)
personally appeared L CcA1'kS
who proved to me on the basis of satisfadfory evidence to be the person(s)-whose name($) is/W
subscribed to the within instrument and acknowledged to me thatiacs7shedifey executed the same in
i /her/their authorized capacity(ies), and that by Dis/her/tbeir signature(a) on the instrument the
person(z), or the entity upon behalf of which the personf aj 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. _., CHRISTINA M.CANO
, .� Commission #2065821
i'7 ! Notary Public -California
CYle-(VZ)) ' Orange County
Ex fires A r 26,2018
Signature )77a`•-