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Bonds - Schuler Constructors, Inc. - 2017-08-08 . THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE PAYMENT BOND PAGE 1 Bond No.0494621 Premium: See Performance Bond 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, adopted on August 8, 2017, has awarded to Schuler Constructors, Inc. 564 Bateman Circle Corona, CA 92880-2011 Hereinafter designated "Principal",the "Princi al", a contract for the work described as follows: Canyon, Mendoza, Iowa Pump Station Valve & Piping Rehabilitation 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, 2400 E. Katella Ave..Suite 250.Anaheim. CA 92806 (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: forty eight thousand one-hundred fifteen dollars and no cents ($48,1150.00), said sum being set per Civil Code Section 9554 at 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 9100 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 Employment Development Department from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance 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 9100 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. 0494621 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 21st day of August , 2017. Schuler Constructors 564 Bateman Circle Corona, CA 92880-2011 PRINCIPAL By: ' Ken31 0.5h(AttaitC Company R p est ative �( P 'S i' +0443 In accordance with the Contract for Canyon, Mendoza, Iowa Pump Station Valve & Piping Rehabilitation, 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 2400 E. Katella Ave.. Suite 250 Street Address Anaheim, CA 92806 City,State,Zip Code SURETY International Fidelity Insurance Company By: Company Representative Dwight Reilly Attorney-in-Fact APPROVED AS TO FORM: Alan R. Burns, District Counsel Costa Mesa nitary istrict By/s/ 2 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 Riverside ) On August 27, 2017 before me, Valerie Potts, Notary Public (insert name and title of the officer) personally appeared Kenji D. Shintaku who proved to me on the basis of satisfactory evidence to be the person* whose name(%) is/avec subscribed to the within instrument and acknowledged to me that he/she/limy executed the same in his/bev(t4xxir authorized capacity¢(, and that by his/ evattt ir signatures 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. T i pons s.*!. COMM. 02175558 yhandand WITNESS m official seal. %�; Nog Public•California .34 'riverside County ( A % 7 +r,,,,, COMM.Ex gyres Jan. 11,2021 • Signature Matt (Seal) 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 August 21,2017 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly 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. SUSAN PUGH COMM.#2105405 e7 r ' Notary Public-California 4,4 1' ORANGE COUNTY u• My Comm.Expires Apr 29,2019 Signature (Seal) --Susan Pugh ' .. �3a, 1 l ` '�h ...,...,:-.7,...;..!,,,i".2•:-;,•;:„ z w x 7 �M,, y i yo .V ,.;._ . ' i _ 03i .7. ., ry � sx.. roRNEy ci owER INTERNATIONAL.FIDELITY I SU NCE COM ANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW 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 corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint MICHAEL CASTANEDA, DWIGHT REILLY, DANIEL HUCKABAY,ARTURO AYALA, SHAUNNA ROZELLE OSTROM Orange,CA. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,re�gguulation,contract or otherwise and the execution of such instrument(s). in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY 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 Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted W the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and;by the Board tors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015: "RESOLVED,that (1)the Chief Executive Officer,President,Executive Vice President,Vice President or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-controloustodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3)the signature of any such Officer of the-Corporation and the Corporation's seal maybe affixed;'by facsimile to; power of attorney or certification . any given for'the execution of anybond,undertaking,recognizance, contract of indemnityor oter written obligation in the'nature: thereof or related:thereto, 9 ng � 9 such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Co tion as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the 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 31st day of December,2016. " '1}1 t STATEnty OFof Essex JERSEY 7,4-014:51/41-7)-'-- \ -,:...i n ROBERT W.MINSTER \ # ..IliiVII Chief Executive Officer(International Fidelity `. 4�YJERgtit; • Insurance Company),and President(Allegeny Casualty Company) ---- On " On this 31st day of December 2016,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 my hand affixed my Official Seal, dl�,, N fus,�r at the City of Newark,New Jersey the day and year first above written. NOTARY E..- ....e- 44 ti.... s , a, C,, .,,,,,,,,,e, :** PUBLIC 'l; 14411 41,...• e0 S'f ' A NOTARY PUBLIC OF NEW JERSEY �,�q)�,u .san!a 'a- MY Commission Expires April 16,2019 ,''`'n••••••••"���� 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 Lm i 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 Mone 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 hard this 21st day of August, 2017 RANCO,Assrs MARIAB tani;SaeC detary ���? �°� .,.�. _Z_���. _ .,:�,,;.,., ��; ?'.tss ,� w ,�.A� �a. _ dr,m ,r�, _ e. :.� .a;'tar_4a°,, �.>. .. �. :.,.. . ......� _sy. _. . .G.'..�st �a� i ��'_s3;�"tc s'. THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 0494621 Premium:$433.00 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California Sanitary District, has on August 8, 2017 awarded to Schuler Constructors, Inc. 564 Bateman Circle Corona, CA 92880-2011 hereinafter designated as the"PRINCIPAL," an AGREEMENT for the work described as follows: Canyon, Mendoza, Iowa Pump Station Valve & Piping Rehabilitation. Said AGREEMENT is 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. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and International Fidelity Insurance Company,2400 E. Katella Ave..Suite 250.Anaheim. CA 92806 (Name and Address of Surety) hereinafter designated as the "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: forty eight thousand one-hundred fifteen dollars and no cents ($48,1150.00), 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 and our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened PRINCIPAL, his/her/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 officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0494621 In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney's fees as fixed by the court. 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 AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same 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 AGREEMENT or to the work or to the specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 21st day of August , 2017 . CONTRACTOR Schuler Constructors, Inc. 564 Bateman Circle Corona, CA 92880-2011 PRINCIPAL By: keru i 65h aku, OD(P.Sect y Representative In accordance with the AGREEMENT, all bonds shall have been 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 admitted surety. SURETY International Fidelity Insurance Company By: Company Representative Dwight Reilly Attorney-in-Fact APPROVED AS TO FORM: District Counsel Costa Mesa Sa ary istri By/s/ 2 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 Riverside On August 27, 2017 before me, Valerie Potts, Notary Public (insert name and title of the officer) personally appeared Kenji D. Shintaku who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/axes subscribed to the within instrument and acknowledged to me that he/siaeibey executed the same in his/.bert4xeir authorized capacity(40), and that by his/#:*14 40(signature* on the instrument the person*, or the entity upon behalf of which the person(cs) 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. VA :RIE POTTS�� WITNESS my hand and official seal. ori �;t. _ cora i •Calit ni I _ ,� .. Notar f : uLhc •Cal�rutnia o Riverside County Comm.Ex•'res Jan.11,2021 ��h � � 1 It Signature , re" ♦ (Seal) • 1 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 August 21,2017 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly 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. SUSANPUGH COMM.#2105405 n 4` Notary Public California ORANGE COUNTY LL My Comm.Expires Apr 29,2019 Signature �_ � • (Seal) ----- --- Susan Pugh � 7 c �- r.e+ N+ .i w E x� F .� s i en•d�b {i+�94f�•7•'t -...::INTERNATIONAL FIDELITYINSUANCCOPAN R 'ALLEGHENY-CASUALTY COMPANY. ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW 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 corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint MICHAEL CASTANEDA, DWIGHT REILLY, DANIEL HUCKABAY,ARTURO AYALA, SHAUNNA ROZELLE OSTROM Orange, CA. their true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instruments) in pursuance of these presents,shalt be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY 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. Thiof s Cyadtto authority By-Laws MANY and LEGHENY CASUALTY OMPANYnis;graed pursuant and authonty of the following resolution adopted by the FIDELITY of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and;by the Board of Directors of ALLEGHENY CASUALTY COMPANY'at a meeting duly held on the 10th day of July,2015: "RESOLVED,that (1)the Chief Executive Officer,President,Executive Vice President,Vice President or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control-custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3)the signature of any such Officer of the Corporation and the Corporation's seat may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the 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 31st day of December,2016. STATE OF NEW JERSEYa. ALTY%\ •• \ . , g j t County of Essex $IAL .`,, �i r- 1936 ri. tsna , J ROBERT W,MINSTER \ */• • '( ,y, 1 Chief Executive Officer(International Fidelity ` N�,t,,,as / i Insurance Company)and President(Allegheny �_ , Casualty Company) On this 31st day of December 2Q16,before me came the individual who executed the preceding Instrument,to me personally known,and,being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL'FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ����„4)/n.., at the City of Newark,New Jersey the day and year first above written. +s w;,Ibl•••• -.- 0 _ ...,,,,,Ais, a' `o� ��A`▪ •: ,• a, L / ;V NOTARY '9 • �x :. • +r `•rte m %.$ PUBLIC lit+ `% •'•• •c4, �n A NOTARY PUBLIC OF NEW JERSEY s�q� -.,-,/sa- - My Commission Expires April 16,2019 '''',,,.-°F NEW 4 ”" ��'"oft,,,,," ` CERTIFICATION 1,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 homeoffice 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 21st daY of August, 201:7 Yr ': !A BRANCO,Assistant:Secretor.; r ` � s..�:�...�..�4��'�s.�� �� ^ ',.:...-..,..'•::' - ..a' . „ ...::n. i .v.ir_ •.: . '..:: . `` :,:,,,,,...,...,..„.,.::,...1-„,,,,,,:..; - yd✓�=X.:.'�ae