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Bond - Sancon - 2011-06-01 PAYMENT BOND PAGE 1 BondNo.1973 770 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 June 1 . 2011 ,has awarded to CONTRACTOR Sancon Engineering, Inc. 5841 Engineer Drive Huntington Beach, CA, 92649 (714)891-2323 hereinafter designated as the 'Principal' Contract No. CMSD PROJECT NO. 185 for the work described as follows:SYSTEM WIDE SEWER RECONSTRUCTION-PHASE I. 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 MASSACHUSETTS BAY INSURANCE COMPANY 2 MacArthur Place, Santa Ana, CA 92707 (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$455,683.00,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. 16 ... v..• u..-- uu. ..J VVJ Vulu/VVLl VU./ PAYMENT BOND PAGE 2 Bond No. 1973 770 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 June 6 , 2011 day of , 2011 SANCON ENGINEERING, INC Contractor Name 5841 Engineer Drive Street Address Huntington Beach, CA 92649 City,State,Zip Code PRINCIPAL By Srteal ,i1 / r Company Representati a IIII In accordance with the Contract for SYSTEM WIDE SEWER RECONSTRUCTION-PHASE I, 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. Name RANCE COMPANY 2 MacArthur Place Street Address Santa Ana, CA 92707 City,State,Zip Code SURETY 4' By: -Mich anga0 A A ttorney in Fact Company R resenta e APPROVED AS TO FORM: Colin R. Burns,Associate District Counsel Costa Mesa Sani .ry Di. riot By/s! 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT erer.,meter ereccacnereraneS eSrcaence,s erecencrc rereaererencnenc4creccre^•enceerencrec State of California County of Los Angeles On SUM t -011 before me, Kendra Banks, Notary Public Date He e In rt Name and Title of the Officer personally appeared Michael R Langan Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(S whose name(M is/ t subscribed to the F yN: KENDRA BANKS within instrument and acknowledged to me that F : .3 CO'+t:+t 76u750 he/ 6� l6�JC9ir executed the same in his authorized NOIAiu !lift', CALIFORNIA capacity(i$), and that by his/ r signature on the xis LOS ANGELES COUNTY ti instrument the person(, or the entity upon behalf of • My Comm.Expires Oct.7,2011 ; which the person(4 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 h/nd an. •' ; fiao ,`s ��I/ Signs - /. e / �. Pla Notary Seal Above Sigma of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove v.luable 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: CPA-1W\e 11+ B er\c.0_Document Date. 1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 4 . - _ - t• - Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): flA Partner—❑ Limited ❑ General Rtcf+P7HUrdePRlNr ❑ Partner—❑ Limited ❑ General RwFiTTHOMePRB+T. ELAforney In Fact ""—OFStGNER° ❑Attorney in Fact '-OFSICrvER ❑ Trustee Top of thumb h ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing: �I • PANY ©2007 National Notary Assodabon•9350 De Soto Ave.,PO.Box 2402•Chatsworth.CA 91313-2402•www.NalionalNolaryorg Item#5907 Reader.Call Toll-Free 1-800-876-6827 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS. That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint MICHAEL R.LANGAN Of Pasadena,CA and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States,or if the following line be filled in, only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fad may lawfully do in the premises by virtue of these presents These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authonzed and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to xecute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other wnbngs obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. (Adopted October 7 1981 The Hanover Insurance Company;Adopted Apnl 14,1982—Massachusetts Bay Insurance Company,Adopted September 7 2001 Citizens Insurance Company of Amenca) IN WITNESS WHEREOF THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 12th day of July 2010. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZEN SURANCE COMPANY OF AMERICA .... 44 tr\ er` '`'a ' 1871 (y' l 1 ( "w. � ,G r' Mary Jeanne d-' o vice Pr std t CZnM ' Robert K.Gr Assistan Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 12th day of July 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.IMMO Oil an 2?-el (. r rmsilha Notary Public My commission expires on November 3,2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America 'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as if at signatures therei were manually affixed, even though one or more of any such signatu thereon may be facsimile' (Adopted October 7 1981 The Hanover Insurance Company;Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7 2001 Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester, Massachusetts,this 6+31 day of 3Ljyle, 20 I i. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI S INSU'• CE CO -ANY OF •MERICA Stepp .Br ul, •rs slant Vic Pr sTrlt