Bond - Sancon - 2004-07-14 Aug 5 2004 10 25AM SANCON HU 1101 r of u
PAYMENT BOND
70-39
BOND NO
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
(District Contract)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, COSTA MESA SANITARY DISTRICT a California 0 i sanitary
district, by minute order of the Board of Directors, adopted on 4 has
awarded to
SANCON ENGINEERING II INC
(NAME OF CONTRACTOR)
5941 Engineer Drive Huntington Beach CA 92649
(ADDRESS OF CONTRACTOR)
hereinafter designated as the "Principal' a contract for the work described as follows:
Project 1112100-166 Manhole and Pump Station Rehabilitation
Coating and Miscellaneous Work
(JOB NAME AND JOB ADDRESS)
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
INSURANCE COMPANY OF THE WEST
17852 E 17th Street #111, Tustin, CA 92780
(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
Five HundredSeventy Eight Thousand Five Hundred Thirty Dollars
($578, 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 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
1
Aug 5 2004 10 25AM SANCON NI CIO( r I iiu
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 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 recorded 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 notarized and a properly authenticated power of
attorney must be submitted.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 5th
dayof August, 2004 20
CONTRACTOR
SANCON ENGINEERING II I C
By/s/ Se-c-
In accordance with the Contract described above, 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 admitted surety
SURETY
INSURANCE OMP NfOF THE WEST
By. /`R., .f.K-,
Company,Rep s ntativV L`
Michael R Langan, Attorney in Fact
APPROVED AS TO FORM:
By/s/
Alan R. Bums, District Counsel
Costa Mesa Sanitary District
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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cp State of California
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On August 5 , 200 at before me, Katherine L. Banks, Notary Public
( Date Name and Tile of Offs (e.g. "Ja Do Notary Public')
0 personally appeared Michael P.. Langan ,
q Names)of Sign r(s)
20 2f personally known to me n
• ❑ proved to me on the basis of satisfactory
es
evidence
k inn
KATHERINE L. BANKS w to be the (A9 (� r
,,,,, ♦ m��� < person whose name is/2f��
P 1n ja,--,a:- , COMM. * 1337229 subscribed to the within instrument and et
Ct i �' -k in: NOTARY PUBLIC CALIFORNIAN acknowledged to me that he/�executed
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4 My Comm. Expires Jan.31,2006 the same in his/1 dkfPf authorized e.
`r capacityfiggig and that by his/Ii r
signature(g) on the instrument the persontt), or
(4 the entity upon behalf of which the person(s) r
nacted, executed the instrument.
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,5 WIITT�N��tS my hand and official se?t
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pis Pta Notary Seal Abov ,gnab a rotary Public
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b Though the information below is not required by law, it may prove valuable to persons relying on the document
f: and could prevent fraudulent removal and reattachment of this form to another document 9
, Description of Attached Document
1is Tiitleor Type ofDocument: Payment Bond #212 70 39 e
0
El Document Date: Number of Pages- `i
( Signer(s) Other Than Named Above:
p Capacity(ies) Claimed by Signer r e
Signer's Name: RIGHr TNUMBPRrwr )
❑ Individual OE:SIGNERC
Top of thumb he
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
■ XI Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
' ❑ Other r
,} Signer Is Representing: Insurance Company of the West a
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a 1997 National No ary Associabo 9350 De Soto Av P 0 Bo 2402 Chats orth.CA 91313-2402 Prod.No 5907 Re rde Call Toll-Fr 1-800.876-6827
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No. 0000952
ICW GROUP
Potter d Atto ney
Insurance Company of the West
The Explorer Insu ice Company Independent. Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS. That It ur ice Company of th West,a Corpor Inc duly organized under the I ■ if the State of Californi The
Expli rer Insurance Ct ip ny,a Corpc an dull organ zed tinder the laws ofth State of An id Independc Casualh and St t ety C ipa Ct rporan
duly ed ide th la ifthe State if Tex (collects ely efe ed lx th 'Cc span¢, 'I,do herebi appo it
MICHAEL R.LANGAN
the' true nd la ski'Attorney(s)- -Fact vith uthonty to date execute, al, id deliver of behalf if the Cc manic fidehtt and orety bonds,undertakings,
nd oth sit ilar co masts of retvshtp,and related docut its
In stases di reof,the Co ip ises have cat sed th se presents tc be executed by its duly suthonzed offic tin 16th day if Jan Lary,2001
/3.00pm,0 1NStlq �9°"bTV MaeG INSURANCE COMPANY OF THE,WEST 0.
/j/oorimi�w£ 4r-/ P��4.41Py, e, m .p tA THE EXPLORER INSURANCE COMPANY
_I SEAL INDEPENDENCE CASUALTY AND SURETY
WMai st r .'yr a Lc ��/a\, stoo COMPANY
��\\e one
imveo o+H.( OCI °A% a cr
Joh] 11 Craig.As sta it Secretary Joh L.Hanmu Executive V ce President
State if Californi l
SS
Ct ny if Sa Diegc
On Decemhe 5 2003,befo Mary Cobb,Non ry P iblic,pet ally appeared Joh L Hann at d Job H Craig,per sally known to to be
the person vhose res are ibscribed h the vithm instrument,and ackn Hedged tome that Chet executed the then auth zed spa asses nd that by
then signature on the mstnu rent,th entity upon behalf of duck the person cted,executed the m lent
W'anes ry hand id official seal
U q CM # 1 47 p
O1323cn -/ / -b
b>n NOTARYPOgUC d AOF ORNIA
to a. SAN DEGO COUNTY .J U r vM Commission Expires
a SEPTEMBER 20.2005
P Mary Cobb,Nola' Public
RESOLUTIONS
This P er if Attorney is granted and igned,sealed nd itanzed ith fa de ignatures nd seals under iutho ay of the follot resolution 'dnpted by
the respective Boards of Di ctor of ch if the C ip
'RESOLVED That the Pr side it, at Execute. Senio Vice President of the C ipany, together vith the Secretat or any Assistant
Secretary. re het eby authorized to execute Po crs if Attorney appointing the per on(s)named as Atto ens)- -Fact to date xecute, ign,
seal,and dell on behalf if th Cc ipany, fidelity nd surety be ds idertakii d other sit ialm cc'tracts of suretyship,and any elated
docume its
RESOLVED FURTHER' 'II it th ignite if tit iffi ern ski ig th app an it, id th ignature of iy offi rtifyi ig the alsdity
and current status of the appo sit tent,may be fact de representan of those cures nd the sn, tore nd seal of ny rotary,and the
seal of the Lc ipany, say be (acs ile representatic if thos sig.nab res and seals id ch fats tie representation shall have the same
force and effect as if nu ally iffixed The ft ile repres rant eferred to h rer may be affixed by stamping, p m ig, typing, of
photocopyng
CER'T'IFICATE
I,th ide igned,Assistant Secretary if It nce Cc ipa ry if the W st.Th Explcrer Is Cc ipa iy,and It depende ce C. Tin id St sty Cot ip iy,do
hereby certify that the ti res, rg Pc ver if Attorney full ft nd effect, id ha it been res eked. nd tint the above res Ilan vere duly adopted by the
spectt Bo rds if Di cto of the Co up nd frill fo n .
IN WITNESS WIIEREOF I have set my hat d this Ste) day if �_KGaSI -__u_,_7-00 It
Joh H.Cr ig,Assista it Secreta
Ti nfy the authenticity of th Pc ver if Ala iey yt call 1-800-877-I1ll id ask ft th Si ety Di ision. Ple Ise efe to the Power of Attorney Number
the ibs tamed nth ids ids) nd details ofth bond R Ouch the pc ver sttached Ft nformatun or filing slat please contact Surety Claims, ICW Group,
1145'El Camino Real,Sat Diego,CA 92130-2045 or call 1355)350-'400