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Project 133 - Bond - Schuler - 1994-08-18 A STOCK COMPANY - ESTABLISHED 1890 HOME OFFICE O F MARYLAND B A L T I M O R E • '1 n0- f I` eac APP• •VED AS TO FORM: a�s+ 5 rA if v 16k1�, C�a Faithful Performance Bond Bond No 30537953 • ATT•R EY FWIFPISTRICT Public Work (The premium charged on this bond is$_1,001 00 being at the rate of $ 1(2 00 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: • THAT WHEREAS, the_ Cosa Mesa Sanitary_ District State of California, entered into a contract dated_ August 18, 19 94 with Schuler Engineering Corporation _hereinafter designated as the Principal, for the work described as follows. Pump Station Maintenances Project No 112100-133 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion organized and existing under the laws of the State of Maryland,and duly authorized to transact business under the laws of the State of California, as Surety are held and firmly bound unto_ Costa Mesa Sanitary District in the penal sum of One Hundred Thousand One Hundred -Dollars ($100,100 CO ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind our • selves, our heirs, executors,administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION Is SUCH, That, if the above bounden 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 the 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. 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 specifica- tions accompanying the same shall in any wise 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. IN WITNESS WHEREOF We have hereunto set our hands and seals this 2Qtb day of_ September A9 94 Schuler Engineering Corporation' „ Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Michael .R. Langan Abney-in-F¢cl • C3173(CA)- ■S.2-78 205059 • t = o � ° A ' mp z � i / a 0 ., H ] O o Q C, O N HJ1 J ® x F Va f Ref W Aa m d u � m .bw z ` W. , $ i 0 a z 00 min im W! 0 Ott O a W i o d *I mil 'ON u o U7 ,L_47- 0 o �" 2 2. FA F 6 ^/�d� [r.. in p„ I T O A . N RIDER To be attached to and form a part of Faithful. Performance and Bond. No. 30537953 Payment dated the. 20th day of. September .19. 94 issued by the hie AND Daroalt CourANY M MARYLAND. as Surety on behalf of. Say.]er Engineering, Corporation as Principal, inthepenalcamof. One Hundred Thousand One Hundred and in favor of. Costa Mesa Sanitary District In consideration of the premium charged for the attached bond,it 1s hereby agreed that the attached bond be amended as follows: Penal Sum is changed to One Hundred One Thousand One Hundred and no/00 Dollars ($101 100 00) - APP OVED AS TO FORM: A TORNEY R DISTRICT Provided, However that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider 'hall become effective as of the. 20th .day of September 19 94 Signed, sealed and dated this. 28th day of September 1994 Angst: ^- J. Schul .ngineering Corporation .PNINC1rAL FIDELITY AND DEPOSIT COMPANY OF M LAND ACCgMTID: Co Mesa Sanitary District V ... BY Michael . Lan(an A orney-in-Fact 11123-3O$, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE MD KNOW ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Mary land,by C. M.PECOT JR. Vice President and C. W ROBBINS,Assistant Secretary in pursuance of authority granted by Article VI, Section of the By-Laws of said Company which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael R Langan of Pasadena, Calif. . ' - s rue any lawful agent and Attorney-in-Fact, to make, execute, seal T.±:ver for its behalf as surety and as its act and deed any and all bonds and undertakings ` . A St. •n e execution of such bonds or undertakings in pursuanc V se prese N Qall be as binding upon said Company as fully and amply to all intents and purposes, as if they had been duly 40:1-d and ackt� ged by the regularly elected officers of the Company at its office in Baltimore. Md. in their own proper perm"! is p• %.. of attorney revokes that issued on behalf of Michael R Langan dated, ember A? 1985 The said Assistant Secretary does hereby certify tic xtract set f on the reverse side hereof is a true copy of Article VI, Section of the By Laws of said Company and is now \r�,, 'e IN WITNESS WHEREOF the said Vice-Pre,'�n1Ct'��,�and Assi to 2+ ecretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPPUSYt COMPA MARYLAND this 16th day of April A.D 19 93 ( it\ sY�`�t FIDEL[ �D DE'O``tJ OMPANI' OF MARYLAND ATTEST: . ■ Or �V By Assistant S. lice- resident STATE OF MARYLAND O\ COU\T1 OF BALTIMORE On this 16th day of April A.D 19 93 before the subscriber a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT JR Vice-President and C. W ROBBINS, 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 .with, 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. APPR•VED AS TO FORM: V S CAROL 1 FAD R / i Nnan•Pubis c . c � My Commission Expires- August I 1996 ATT•R EY FO' •ISTR'CT CERTIFICATE I. the u'dersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is 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 of the By Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This 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 16th day of July 1969 RESOLVED. That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company whether made heretofore or hereafter wherever appearing upon 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 this 28th day of -September_ 19 94 '� � m As sraat Sec eit' L 2sc -012-7454 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND Article VI, Section 2 The Chairman of the, Board, it [hi. President, or any Executive Viet-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 thL Secretary or any om, 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, undertakings, recognizances, stipulations, policies, contracts agreements, deeds, and releases and assignments of judgements,dLciees mortgages and instruments in Ihi,nature of mortgages, and to affix the seal of the Company thereto