Loading...
Bond - Re-Pipe - 2011-11-01 PAYMENT BOND PAGE 1 Bond No. SU1113496 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 RePipe-California, Inc. 5525 E. Gibraltar St. Ontario, CA 91764 hereinafter designated as the `Principal° Contract No. CMSD PROJECT NO 129 for the work described as follows: BRISTOL STREET SEWER REPLACEMENT PHASE II. 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 Arch Insurance Company, 3 Parkway, Philadelphia, PA 19102 (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:Two Hundred Ninety- nine Thousand Seven Hundred and 00/100 Dollars($299,700.001, 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 attorneys 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. SU1113496 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 I51' day of N Yt; ■ho{ , 2011 RePipe-California, Inc. cal 5525 E. Gibraltar St. \Qe 4P 0,94 'c' Ontario, CA 91764 0 '3 j SEAL PRINCIPAL 2002 By� cvtAWP4� Company Representative N/ f v( ,'n tdhat * In accordance with the Contract for BRISTOL STREET SEWER REPLACEMENT PHASE II, 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 Arch Insurance Company 3 Parkway Philadelphia, PA 19102 SURETY By. ( ; f Joann/Dombrowski,Attorney-in-Fact APPROVED AS TO FORM: Cohn R. Burns, Associate District Counsel Costa Mesa Sanitary By/s/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a-teC.cCC-S.eK ec(`.cdc-:OeC.ch..cesce`.M.c-:hc.C.,M-c CSCMcen, -:f.,AvCc<,S.�2�,RCKA-A—c fc..ctw 2043C4-. .cN.c:C.,cc,cec ,ce..ce>.c:C.c-:C.eeny IS State of California �j /t kl County of I ,, ,I Lirr `c1'I�o Lii 0 } On I H(—(1 before me, Jtji l ti et- am Aid r y i�t l C Date j� He Iny�ert�Name and Title of the Oflc personally appeared /��'�I I (I Y (-fr .((/is- 5 Namely)of Sign r(s who proved to me on the basis of satisfactory ,,,'F4 evidence to be the person(s) whose name(,$) is/are ,g ici subscribed to the within instrument and acknowledged 5 to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by YVONNE t11CLELLAN his/hpr/their signature�c) on the instrument the 41110.,:'-- Commission 1 1798288 Y i Notary Public Calitonda = person(s), or the entity upon behalf of which the fi 4`Y'- person's) acted, executed the instrument. I -,.‘,11:9;i/ San Bernardino County p Comm.Ea free Ma /6,2012 0, I certify under PENALTY OF PERJURY under the I5A I. laws of the State of California that the foregoing paragraph is true and correct. Li AF WITNESS my hand and official seal. Signature: f � IL(4- PA 4 (1 4I'a4.0l Li Pla Notary Seal Abov Signatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I JOand could prevent fraudulent removal and reattachment of this form to another document W Description of Attached Document Title or Type of Document: • Document Date: Number of Pages: IISigner(s) Other Than Named Above: Capacity(ies) Claimed try Signer(s) Signer's Name: Signers Name: I ❑• Corporate Officer—Title(s): ❑Corporate Officer—Title(s): I IS ❑ Individual RIGHT THUMBPRINT ❑Individual RIGHTTHUNEPRINT OF SIGNER OF SIGNER g ❑ Partner—❑Limited El General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact I 140 ❑ Trustee ❑Trustee '; ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing Signer Is Representing: rag ©2010Nalto al c^ Associ-<:c.riNato al ary rg -us xn-cs s :an �.u. :c- :c.<-c. .�:c.<:c. x:c.�:a,�:cu-� 02010 Natio al Notary Associate Nato alNotary rg 1-800-US NOTARY(1-800-876-6827) Ite #5907 Surety Acknowledgement State of Connecticut County of Litchfield On this 28thday of October, 2011 before me personally appeared Joann Dombrowski To me know who being by me duly sworn did depose and say that he/she is the Attorney-in-Fact of Arch Insurance Company The Corporation described in and which executed the above instrument; that he/she knows the seal of said Corporation and that he/she signed his/her name thereto by like order Ps;al !Cr " Sc idia44. 4&.ee, "`° sOTARy 't, • otary Public Jessica L. Piccirillo My Co " Exp "� i June 33 2015 My Commission Expires June 30, 2015 °UBUG L'unnectdc°_= POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City Missouri(hereinafter referred to as the"Company")does hereby appoint Russell M. Canterbury Joann Dombrowski, Marion R. Vail and Susan E. Deak of Farmington, CT(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President,or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 19th day of March . 20 09 Arch Insurance Company Attested and Certified e 004 SEAL � A I Kulall Martin J.Nits.', Secretary J.Mi' a=Fete, ice "rf.ident STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public,do hereby certify that Martin J. Nilsen and J. Michael Pete personally known tome to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that They being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OOMMONWEALIHOPPENNSYLYANIA _`r NOTARIAL SEAL — \ Brian C.Kuhn,Notary Public Brian C. Kuhn,Notary Public City of Philadelphia,Philadelphia County My commission expires 12-06-2011 CERTIFICATION My commission expires Member 06,2011 I, Martin J. Nilsen.Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 19. 2009 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corpor. s--I of the Arch Insurance Company on this 1St day of AJOVe m lag✓ ,2011 / Martin J. N even,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway,Ste.1500 Philadelphia,PA 19102 sonce Cp CORRILOF R) 00ML0013 00 03 03 UM/ Page 2 of 2 Printed in U.S.A.