Project 166 - Bond - Sancon - 2004-07-14 (2) u8 5 2004 10 25AM SANCON Nu ( IOC r 3/ lu
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 is sanitary
district, by minute order of the Board of Directors, adopted on 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
Aug 5 2004 ID 25AM SANCON ' '
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 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 property 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/ '3, I // I� Sfti
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 OMPANt OF THE WEST
By.
Company epresAntativd-1
Michael R Langan, Attorney in Fact
APPROVED AS TO FORM:
By Is/
Alan R. Bums, District Counsel
Costa Mesa Sanitary District
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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pOn August 5 , 200$before me, Katherine L. Banks, Notary Public ,
Date Name and Title of Off re (e.g °Ja Doe,Notary Public")
P.
p personally appeared Michael IL Langan
Name(s)of Signer(s) )
e. 12F.personally known to me
P ❑ proved to me on the basis of satisfactory I.
evidence
�mnm
' KATHERINE L. BANKS to be the
15 !`" � 1 whose name( isle n
f' cn .vez �f: , . COMM. # 1337229 < subscribed to the within instrument and
)h > ;" .,? 1V NOTARY PUBLIC CALIFORNIA acknowledged to me that he/�executed ",
) r9 -: orn . Expires an.31, the same in his/tom authorized
6 _ m� My Comm. Expires Jan.31,2006
capacity(?i9 and that by his/9
signature(*) on the instrument the person(t), or '+
P the entity upon behalf of which the person($
acted, executed the instrument.
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co WITN :S my hand and official se./
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MPla Notary Seal Abov ignatu o re Cry Public c1
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h Though the information below is not required by law, it may prove valuable to persons relying on the document
fi and could prevent fraudulent removal and reattachment of this form to another document. 0,
fi Description of Attached Document
eTi tle or Type of Document: Payment Bond ##212 70 39 e,
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cl Document Date: Number of Pages:
5
Signer(s)Other Than Named Above.
(i e
Capacity(ies) Claimed by Signer
L. Signer's Name: RIGHT THUMBPRINT
S ❑ Individual !`.."-2OF.:SIGNERI _.;
'.'1.) Top of thu nb here
❑ Corporate Officer—Title(s):
`s ❑ Partner—❑ Limited ❑ General
¢ 6O Attorney in Fact
P ❑ Trustee
❑ Guardian or Conservator
}' ❑ Other
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( Signer Is Representing: Insurance Company of the West 'I
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®1997 Na onal Notary Assocatio 9350 De Solo Av P 0 Bo 2402 Chatsworth,CA 91313-2402 Prod.No 5907 Re rde Call Toll-Fr 1-B00-876-6827
No 0000982
ICW GROUP
Pm er of Attorney
Ii see Company of the West
Th Explorer Ir ice C sp iv Independence C ally id St etv Company
KNOW ALL MEN BY TI IESE PRESENTS That In ral Company of the West,a Corporation duly or"anized icier the Ias of the State if Cal, The
Explo It Cc we sy, Corp al, duly rgantzed sder the la vs of the State of Arizona.and Independence Casualty and Surett Company, Ct rporanon
duly rga sized tinder th Ir of th State 'Te (collect, ely efe cd to th 'Cc spa les'1,di he eby app It
MICHAEL It LANGAN
their true nd la vEil Attu ev(s)-ii-Fact ,th autho ity tt date, ecute sit, al, sd deliver or behalf sfthe Cc spa les fidelity td surety bonds sdertakings
id sther dar Cr ntraets If suretyship id sy elated di Bents
In in vh rein'.the C spa les li ve tau ed th pres its to be xecuted bs its duly authorized officers this 16th day sfianuar 2001
Nr,
k5Plusro (---aISUq' J9i MagG INSURANCE COJIPA\1'OF THE WEST
nwgr o°a�°pax y� m p .P 'NSURANCE CRIPA NY OCE EWES\l'q 3° n " SEALa n r a ` INDEPENDENCE CASUALTY AND SURE Y
W.uxs m r q r a ?CDR COMPANY
�„ r F toro�s/t(/�_7�/i�j(. 91 1.l\/ �QA7 .v sr
John H.Crate As scant Secretary John L.Han m n,Executive V et Pr Went
State )f California l
1 Ss.
Cc sty sfSa Diegt
On Decet shet 2003 before me,Mary Cobb,Not:ry P fblie,pe ally appeared Joh L Ha d Joh H.Craig,pe ally kn to me to be
the person vhose sat les are subscribed to the nhm sn sent,and ackn vledged to me that they xecuted th same in their autho zed capa ales d that by
the ignatt res on the strument,the itch To behalf of vhich the person eted, ecuted the a strument.
Moses my Is rd sd '115 a1� d.
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GU oNOTARYPUELIC•CALIFORNIA m m +' SAN DIEGO COUNT "n '% yjt 0 fraa My Commsuwn Expires:
L,
SEPTEMBER 20.2005 0 Mary Cobb,Nota Public
RESOLUTIONS
Thi Power of Attorney is granted and ,geed,sealed sd wtarized vith facsimile signatures id seals under auth sty of the folk sang resolutie adopted by
the ;pective Boards sf Direct() of each sfthe Co spanie
'RESOLVED That the President,an Executive Senior Vice Pi esident )(the Cr span together uh the Secretary or sy As sta st
Secretary, hereby authonzed to execute Po ver of Attorney app sh sg the per i(s)named as Attorney(s)- -Fact is date, xec ne,sit
seal, nd deliver behalf of the C span lidel tv and surety la nds undenaki ig. Ind oth sit sitar nracts II suretyship, nd ny related
documents
RESOLVED FURTHER: Tint the igt an if th )f( aking the appointment, nd th 'gnats} if sy offi rt,fyi th alidity
and ct rent.tan of the appointment,ma be flies de repr sentah sf th se sign mire and the sig''Mire sd seal of sy gar and th
seal of the Cc mpany,ma be f. ale epresentanc of th me atures and seals sd such fats de epresentanot shall have the
force and effect as if manually affixed The facsimile representau referred is here' may be affi ed by stampu print]ig, typing,
photocopyi
CERTIFICATE
I,tilt Bile Igned,Assista it Secretary 11 11 Bur set Cr spa sy sf th West,Th Explo It surar C imam and Independence Casualty nd Surety Cot spa do
hereto certify that th fi egt sg Pt of Attorney full f,rte rid effect, id ha not he geed, nd that th shot alum to duly adopted bi the
specs Bo rds If Di etc if the C ip ses id re lull fo
IN WITNESS WHEREOF I b et h sd th 5+in das of AM.G IA-'j I /-0 t-1`Cll' i
John H.Cr As slant Secretary
T ifs the amhenn sty i th Po of Ant ley yo all 1 S00-877-1111 nd sk fn the Su en Di Ple se refe tc th P vet if Attorney Ni fiber
th ib' led mdi (Malts) nd details sfth bond te vh eh th po stir shed F inn sans filing cla please cc ntact Surety Claims ICW Group,
1145 El Camino RtnL Sa [hew CA 92130-2045 call(853)'150-'400.