Project 166 - Bond - Sancon - 2004-07-14 Aug 5 2004 1 0 25AM SANCON r+o LUZ r u u
FAITHFUL PERFORMANCE BOND
BOND NO 212-70-39
COSTA MESA SANITARY DISTRICT Number 212 70 39
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 14 , 2004
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
JOB NAME AND JOB ADDRESS
and Miscellaneous Work
WHEREAS, the said Principal is required under the terms of said Contract and
District's Operations Code Section 7.05.030, 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
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 Hundred Seventy Eight Thousand Five Hundred ThirtPollars
($578 , 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 officers 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
1
An 5 2004 IU 25AM SANUUN nut not r of u
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 pay 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 notarized and a properly authenticated power of
attorney must be submitted.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 5th
day of August 2004 P0_
PRINCIPAL
SANCON ENGIINEERING II INC
By' Zit Sec,
Company Represe tative
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 COMPANY F THE WEST
By.
Company prase tative
Michael R Lan an Attorney in Fact
APPROVED AS TO FORM:
By/s/
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
2
MAY-10-2004 MON 11 21 AM ICU GROUP '• • ' '
ICW GROUP
INSURANCE COMPANY OF THE WEST
TIC EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
114SSEl Camino Real BOND 22. 7U 39
Sin Diego,Ca 92130-2045
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000 00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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On August 5 , 2004 , before me, Katherine L. Banks, Notary Public ,
Date Name and Ttle or Ottic le g °Ja Doe,Notary Public")
p personally appeared Michael R. Langan
6 Name(s)of Sign rls)
im personally known to me `'i
fiEt proved to me on the basis of satisfactory
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KATHERINE L. BANKS u to be the personpg whose name(14) is/W i
v Co- C_)Mrw. # 1337229 < subscribed to the within instrument and
cc NOTARY PUBLIC CALIFORNIA acknowledged to me that he/ executed d
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the same in his/ham authorized a
ra My CoW m.Expires Jan.31,2006 capacity(iiW, and that by his/I 2
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fi the entity upon behalf of which the person($ i>'
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E. WITNESS y hand and official se:.
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jy Though the information below is not required by law,it may prove valuable to persons relying on the document
ry and could prevent fraudulent removal and reattachment of this form to another document.
6 Description of Attached Document s
n Title or Type of Document: Faithful Performance Bond #212 70 39 i
p
r Document Date: Number of Pages:
P Signer(s) Other Than Named Above: 3
• Capacity(ies) Claimed by Signer r
Signer's Name:
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cs ❑ Corporate Officer—Title(s):
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p Signer Is Representing: Insurance Company of the West
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01997 Natrona/Notary Assodaho 9350 De So a Av P 0 Bo 2402 Chatsworth,CA 91313-2402 Prod.No 5907 Re rde Call Toll-Fr 1-B00-376-6a27
No. 0000982
ICW GROUP
Power d Attorney
h trance Compam of the West
Th Explo In two Comp ty Independent Ca ally and St rely C spa sy
KNOW ALL MEN 1W THESE PRESENTS That In rance C mpany if th West,a Crrpotatiot duly organized under the la s tt the State of Calitornm,The
Explo In ira ce Co]ip iv, Corp( an duly rgai ized 'der the la ifth State )(Ai and Independet ce Ca ualty id St cry C spa sy,a Corporatiot
duly orgai ized under th la if the State if Texas (collectively eferred to th 'Compam ),do herehy app st
\IICHAEI,R. LANGAN
Chet true and lawful.Atli ey(s)-in-Fact ith autho ity to datt xecutt sic seal,and deliver or behalf ofth Co 'parries fidelity and surety bonds undertakings
sd
ills dar 'tracts ifsuretyship 'd sy related dt sts
h m vh reof,th Comp( ms have au ed ties presents to be executed by its duly author zed ifticer this 16th f January,2001.
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4E�aurexro lTiStlq �g`i Magic INSURANCE COMPANY OF THE WEST
e rm tie" '. THE EXPLORER INSURANCE COMPANY
3,cott oMra j u� 4.6.1-C;0\ 0 t
SEAL n m a V INDEPENDENCE CASUALTY AND SURETY
\N ci" 2,y 4'`d rr °° C KA /q " COMPANY
V
John II.C tg,Ass str it Secretary Joh L.H: Executive Vice President
State if Califon'
Cott vi of San Diegt
On December 5 2003,befor se,Mary Cobb,Notary P iblie,per ally appeared John L Hannum id John H Cr ig,per Illy knot a se a be
the pet ons vhose ies re subscribed h th ith ❑str it,and cknn vledged to me that the} executed the 'e their auth zed capacities at d that by
their tgt atures or th istru sent,the 'tits upon behalf of vhich the person cted,executed th sit sent
Wan my b d 'd diktat seal/
MARY COBB `'eL} CKJ
COMM.#1321341 n
U t NO TARP PUBLIC-CALIFORNIA to
N SANOIEGO COUNTY "n t./ My Commission Expires}u) SEPTEMBER 20.2005
Mar Cobb,Notary Public
RESOLUTIONS
This Pc ter of Attorney gr nted id tgned,sealed id na zed cub tac.n de signatures id eats under authority if the folk vmg resolution adopted by
the respective Boards tf Ds ectt of each tf.the Ct 'pastes
'RESOLVED' That the Pi sidem, an Executt Sen Vice President if the C( ip ry, togeth ith the Se etary sy As sta st
Secretary,are hereby authortrd tr execute Pt ver tf Attorney app m ig th per '(5) sed as Attt evl s)-ir-F ct tt date exec te,sic
seal,and deliver behalf sf the C 'parry,fidelity and surety ht ids undertaking nd othe d: ci itr cts ofsu etyshrp id any related
documents
RESOLVED FURTHER Th tt th au sf lh offi saki th ippointi it, d the tgnatt tf ny 'Ricer ernlyu the alidity
and current status if the appo ttr lent,may be fa ile ep tentati if those tgr att nd the tgnatt and seal if ry otary d the
seal if th Ct span say be fit site representati if tho say attires and seals id such fats mile representation shall have the same
force nd effect as if m nually tfti ed The fawn de representant referred tt h ren 'ay be aftised by stamping, p iii typi or
photocopying.
CERTIFICATE
I,the tinder ned.Assistant Se etary if It Ct ipa iy i(th West,Th Explo Ir Co spa'y at d Indcpendt ce C, ilty and St ety Cs 'p; sy,do
hereby certify that th tMegt ng Poi if Attorney is in lull R rte and effect, and has not been eked,and that the above resolutions vere duly adopted by the
specttve Bt rds if Di tto tf the C imp nd full for �
IN WITNESS WHEREOF I have set sy hand this G-1-4-1 /�"1 day if " G Cc 5C 'Lao Li
Joh H.Crai Assista a Sec etar
Ts_ verfi the authe ay if this Po if 4nurnex ay call 1-800-877-1111 nd sk fn the Surety Di Ple se refer d th Pt tfAtturney Nt ibc
the tit sed idt tdi il(s)and details tf the bt sd tt vhich the powe attach d. F ift dt fili ig cla please mast St ety Clar ICW Group,
1145i El Candi Real,Sa Diego CA 92110-2045 or all(85X)350-1400.