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Bond - GCI Construction - 2008-07-08 'FAITI-IFlJL PERFORMANCE BOND PREMIUM $2 998 00 BOND NO 08872049 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND (District Contract) KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS. COSTA MESA SANITARY DISTRICT a California sanitary district. by minute order of the Board of Directors. adopted on JULY 16, 2008 has awarded to CONTRACTOR (Name & Address) GCI CONSTRUCTION INC 245 FISCHER AVENUE STE B-3 COSTA MESA CA 92626 Hereinafter designated as the 'Principal a Contract for the work described as follows: WHEREAS. the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract, including a one year guarantee of the work performed. NOW THEREFORE. WE the undersigned CONTRACTOR. as Principal and SURETY (Name & Address) FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N BRAND BL SUITE PENTHOUSE GLENDALE CA 91203 Duly authorized to transact business under the laws of the State of California. as Surety are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of- ONE HUNDRED SIXTY—SIX THOUSAND FIVE HUNDRED THIRTY and 00/100 Dollars ($ 166,530.00). 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 burden 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 pa all court costs and reasonable attorneys' 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 Contract 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 Contract or to the work or to the specifications. All signatures shall be properly notorized and a properly authenticated power of attorney must be submitted. IN WITNESS WHEREOF we have hereunto set our hands and seals this 25th day of JULY 2008. PRINCIPAL CONTRACTOR GCI CONSTRUCTION INC AseCarr Company •epresentative n Sul 0),TrQ2,S- In accordance with the Contract for CMSD #183 GRAVITY SEWER AND SEWER FORCE MAIN REPLACEMENT AT VICTORIA STREET AT HARBOR BOULEVARD all bonds shall have 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 admitted surety SURETY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By w ,� Company epresentative 111 CHAEL D • LNG ATTORNEY—IN—FACT APPROVED TO FORM ^`,c By /s/ '!J Alan R. Burns. District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT crc-r.-cc..t.--- rcececc.- crcrcr.2rere.".oc tcce ccr-cc.ercrerercc.cccrccorer'.eocco cecccecrcrerc-a-ec.cccrc< State of California County off1 ��Q��ttra / / ( /��,/-/ On(J6� 26 before me, (_d 9'o { I-f f cEW Mb De ere— Insert NameanaT-t--lme AWeer personally appeared Fl QA�GZ,�/nJrf^/hn(.}n(J—/( 1!- Name(s)of Sign r(s) who proved to me on the basis of satisfactory evidence to be the person(aj whose name(s)-is/are subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in his/ker/their authorized capacity(ise); and that by his/bet/their signature$) on the ` . —a it, instrument the person(s); or the entity upon behalf of �� JANET L.RUSSELL which the person(ayacted, executed the instrument. alt Commission#1624297 Notary Public California y� ,js�br Orange County I certify under PENALTY OF PERJURY under the laws My Comm.Expires l7eczt,2009 of the State of California that the foregoing paragraph is - - - W true and correct. WITNESS my hand and official al. Signature Pla Notary Seal Abo 1 Signatu of Notary ub i�/is 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT OF SIGNERRINT y 0 Attorney In Fact Top of thumb here Top of thumb here here Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑ Other Signer Is Representing: Signer Is Representing. "`W_"W,N.A.. yAssoiamio 9350 De Soto "-402 char-VW'4±CA. 2402-!-4'.4sWC,c,-C.'e.rg Item#5907 "eorder,<S=4,ll-Free 1-am-76%6827 ®2901 Natio at Notary Assoaa0o 9350 De Soto Ave PO So 2402•Chatsworth,CA 913132402•www NationalNolary org Item#5907 Reorder Call Toll-Free t-800-8)6662] CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 7/2 5`0 g' - before me. R. CISNEROS 'NOTARY PUBLIC' (lie insert name and rule of the officer) personally appeared MICHAEL D STONG who proved to me on the basis of satisfactory evidence to be the person(4whose name(sris/are-subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/her/their authorized capacity(aes), and that by his/her/Thee signatureKon the instrument the person s% or the entity upon behalf of which the personjsfacted, 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. • ' 1, R. CISNEROS WITNESS my hand and official seal. COMM. #1796916 yam ' NOTAR7 PUBLIC CALIFORNIA rat ... RIVERSIDE COUNTY >ter My Comm Expires June 7 2012 Signatu of Notary Pubh (Notary Seal) • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any ocknmrledgmenr omplered Califomm our contain rbmge exactly os DESCRIPTION OF THE ATTACHED DOCUMENT appe abet in die want en epa ale (In rledgn ni four lust be properly co whited and attached to that do in. Th only epn if do n u to tic recorded outside of California.In ch ma es, nu allemmn (Title or description ofmmehed document) cknmrledgnent rbmge as ay be printed on such a document so long as the rbmage do or equ re the wary to do soureth ng that is illegal for a otam Califon; (i riffyi g the authorized capacity of the signer). Pleas check the (Title or description of attached document corm ed) do in gully for proper note al) rding and attach di s fo ifrequr ed. Number of Pages Document Date State and Co my nformation must be the State and County 'he the document signer(s)personally appeared before the notary public for cknowledgment. Date of notarization must be the date that the signer(s)personally appeared vhich must oh be the same date the ackno vledgmcnl is completed. (Additional infommmion) The notary public must print his her name as it appears thin his or he commission followed by omma and then your title(notary public) Pnnt the camels) of document signers) vho personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect fonts(i e ❑ Individual(s) k/shehbeyr t lave)or circling the orreet forms F ilu to [meetly indicate du information may lead to ejection of do ument recording. ❑ Corporate Officer Thc otnry seal impression must be clear and photographically eproducible Impression must not coy text lines.If seal impression smudges, -seal if a (Title) suffi nt permits,otherwise omplete different acknowledgment form ❑ Partner(s) Signatu of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional nformation is not requ red but could help to nsure this ❑ Truslee(s) acknowledgment is of misused or attached to a different document ❑ Other lath ate title or type of attached do ument,number of pages and date. Indicate the capacity claimed by the igner If the claimed capacity is a corporate officer,Inds ate the title(i.e CEO,CFO.Secretary) Securely attach this document to the signed document 2008 Version CAPA v12.10.07800-873-9865 +vtt.NotaryClasses. om PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND BOND NO 08872049 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS. COSTA MESA SANITARY DISTRICT a California sanitary district. by minute order of the Board of Directors, adopted on has awarded to CONTRACTOR (Name & Address) GCI CONSTRUCTION INC 245 FISCHER AVENUE STE B-3 COSTA MESA, CA 92626 Hereinafter designated as the 'Principal' a contract for the work described as follows. 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 SURETY (Name & Address) FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N BRAND BL SUITE PENTHOUSE GLENDALE CA 91203 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. ONE HUNDRED SIXTY—SIX THOUSAND FIVE HUNDRED THIRTY and 00/100 Dollars CS 166,530 .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 he done. or for any work or labor performed by any such claimant or any amounts require 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. Said bond shall be exonerated 35 days after the Notice of Completion is filed unless any pending claim remains unresolved. 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 All signatures shall be properly notorized and a properly authenticated power of attorney must be submitted. IN WITNESS WHEREOF we have hereunto set our hands and seals this 25th day of JULY .2008. CONTRACTOR GCI CONSTRUCTION INC ta By /51 to fir tfirrer In accordance with the Contract for CMSD #183 GRAVITY SEWER AND SEWER FORCE MAIN REPLACEMENT AT VICTORIA STREET AT HARBOR BOULEVARD all bonds shall have he 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 b) admitted surety SURETY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By (Ukk 0: AA Company Representative I W CHAEL D ST G TORNEY—IN—FA T APPROVED A TO FORM By /s/ • Alan R. Burns. District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r:C.M�.carC.4ie,er .isGC�-eticoce".cecQEC4`'.G'-'-C cerct'.CC.C'()Cr4-coke)G'>S:()G`t)G cer.cC.c.:-.G.ecce4`()C oce,coc<'.G`r)Ge.te.c"S`c'.c'r State of California } County of Orally) / / /J/- On du j �8 vll t-3 before me, Qtk_ ( a°,11-( V G't l7�CJ!/l'r� , oat V tore Insert Name rid Tnle,ot me personally appeared I ,{°��nUrlehrvl/SC^it{f� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)-whose name($-is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/J er/their authorized I% .--.- a a r a A capacity(ies) and that by his/her/their signature(e) on the JANET L.RUSSELL instrument the person(s);or the entity upon behalf of �` j Commission#1624297 which the personjs3 acted, executed the instrument. •. +e . Notary Public California t tnl'i r^ - i Orange county I certify under PENALTY OF PERJURY under the laws My Comm.Expires Dec 21,200 �' of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se. . / Seal Above Signature Place Notary Signatu of No • -ubla: 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb he ❑Trustee Top of thumb her ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other' ❑Other Signer Is Representing: Signer Is Representing: a-c^ c_.r.A '�oR_-V+_4._ _-www^w^w-w^win.cuwuSA A.7e v^wu!./..wcteuttw:..^w& _^JAPIta-^w.T241 •cc. _^r-cu 02037 National Notary Assooabon•9350 De Soto Ave..PO Box 2402•Chatsvorm,CA 91313-2402•wow NabonalNotantorg Item x5907 Roomer Call Toll-Free 1-6036766621 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSSIDE On 7/20 `J before me, R CISNEROS 'NOTARY PUBLIC' (He insert name and title of tht ofli r) personally appeared MICHAEL D STONG who proved to me on the basis of satisfactory evidence to be the person,(6f whose name(eris/arrsubscribed to the within instrument and acknowledged to me that he/shefthty executed the same in his/-her/Their authorized capacity(aes), and that by his/1=4W(signature(a)on the instrument the person K, or the entity upon behalf of which the personf8)'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. WI SS my hand and official seal. y(,,,, R. CISNEROS i T Y ¢ -x. r�s COMM. #1796916 a[� ;7 NOTARY PUBLIC CALIFORNIA I !AaJIIn , ! RIVERSIDE COUNTY (Notary Stal) A..,—.1r` My Comm Expires June 7 2012 Sinnott' of Notary Publi 4 4 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any cimmrledgmenr completed (Worm must ntarn verbiage cdy as DESCRIPTION OF THE ATTACHED DOCUMENT appe abet in the Oran. en epurase elm eledgn ni foms rust be properly co Ogled and attached to that does nt The nir ex ems if a down a is to be recorded outside of California. In ch stan es.on a/tenion (Title or description of attached document) acknmrledgmens verbiage ay be printed such a document so long as the rbrage does ea require the mar,so do something that is illegal far omen Cali/brit: (i.e. renting the urhariced capacity of ds sign rl. Ple check the (Title or description of attached document nti ed) doer nt efulh for proper nom a/i rdi ig and attach di fa ifrequ red, Number of Pages Document Date State and County information must be the State and County whe the document signer(s)personally appeared befo the notary public fa ckn vlcdgmenl Date of notarization must be the date that the signer(s)personally appeared flitch must also be the same date the acknowledgment is completed (Additional'nformati n) The notary public must print his he name as it appears vt him his or her commission followed by omma and the yo title(notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i c. ❑ Individual(s) he/she/hew-is fare)or circling the orreel forms Failure to correctly indicate thi informal' may lead to rejection of do lament recording ❑ Corporate Officer The otary seal impress' must be clear and photographically reprodu ible Impression must not cover text or lines If a) impressio smudges, al if (Title) sufficient area permits,otherwise complete a dd.& nt ckno vlcdgmcnt form. ❑ Partner(s) Signature of the otary public must match the ignatu file with the office of the county clerk. ❑ Attorney-in-Fact Additi al nformation is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused attached to a different document. ❑ Other Indicate title or type of attached document, umber of pages and date Indi ate the capacity claimed by the ign If the claimed capacity is a orporate officer,Indi ate the title(i e.CEO,CFO.Secretory). Securely attach this document to the signed document 2008 Verst CAPA v1.10.07800-873-9865 'swss.NotaryClasse.com Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland,by WILLIAM J MILLS,Vice President,and ERIC D BARNES,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, : rare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date I - e-!fa•©-. @r by nominate, constitute and appoint Michael D.STONG,of Riverside,California, its true and s u 1i" .•m'• •tto•• Fact,to make,II execute, seal and deliver, for, and on its behalf as surety and . W �• •<-•: a ' .q i 14.43 d undertakings,and the execution of such bonds or undertakings in purs d - ent 1 - '• t g upon said Company as fully and amply to all intents and purposes,a Ffy1� •u e h '. •wledged by the regularly elected officers of the Company at its office in •iyt 4 iP4t&in`fh- • k ns. This power of attorney revokes that issued on behalf of Michael D4 �te,�a ary The said Assistant c a •ow+ i%�• t .t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- .;e.�-. CPA and is now in force. IN WITNESS W • OF the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 19th day of August, A.D 2004 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND otvos,l n s tI90 By. Erie D Barnes Assistant Secretary William J Mills Vice President State of Maryland ss. City of Baltimore On this 19th day of August, A.D 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J MILLS, Vice President, and ERIC D BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written. �NisOi Dennis R Hayden Nolan,Public My Commission Expires. February 1 2009 POA-F 012-0629 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and to affix the seal of the Company thereto. CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990. RESOLVED 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said Company S kthis day of Ski-121 d•O°P As an it Se ctny