Project 129 - Payment Bond - Paulus Engineering - 2009-08-03 PAYMENT BOND
BOND NO 2090636
PREMIUM. INCLUDED IN PERFORMANCE BOND
EXECUTED IN THREE COUNTERPARTS
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 sanitary
district, by minute order of the Board of Directors, adopted on JULY 23, 2009 has
awarded to
PAULUS ENGINEERING, INC.
(NAME OF CONTRACTOR)
2871 E CORONADO STREET, ANAHEIM, CA 92806
(ADDRESS OF CONTRACTOR)
hereinafter designated as the 'Principal' a contract for the work described as follows.
BRISTOL STREET SEWER REPLACEMENT-FROM AUTOPLEX TO BIRCH STREET CMSD #129
(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
NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S PARKER ST #3800 ORANGE CA868
(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
SEVEN HUNDRED SEVENTY-FIVE THOUSAND FORTY-EIGHT & NO/100 S Dollars
($ 775,048 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
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 3RD
day of AUGUST 2009
CONTRACTOR ULUS ENGINEERING INC
By /s/ 1111.-/
In ac o dance with the Contract described above, all bonds shall be issued by an
admitted sur-ty 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 NORTH AMERICAN Sill•TY INSURANCE COMPANY
By cwy4
an P Y Com Represenc 'LES L. FLAKE
ATTORNEY-IN-FACT
APPROVED AS TO FORM:
By /s/ £ Lc4-*ti
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
4£ ::C l'S:rc pea ccC.-R£'GY'i('.F-r•S`-" '.G"-o2M.q(�K'.e5)G<---ti�-G<'•c('.G°.c:C'�v Mi 5�"'GG°<Gf.'.r4'<'-C>C -vG :4':'�^^."_�'�3.
State of California
County of Orange
On 8 03 09 before me, Jan C Moran Notary Public
pal Here Insert Name and Title •I t'e Carer
personally appeared Charles L Flake
Name(s)of Sym e;(sl
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
to ., ,.
a' .�n��, JAN C. MORAN I certify under PENALTY OF PERJURY under the laws
() .� �s COMM #1789349
(9M'*,sbriy NOTARY PUBLIC CALIFORNIA 0 of the State of California that the foregoing paragraph is
❑ ar ORANGE COUNTY true and correct.
v"vn.:+. comm.EXPIRES FEB.17,2012
WITNESS(((myy hand and official seal.
Signature C.
P's Notary Seal Ato Sgnal of Notary Pubic
OPTIONAL J C Moran
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):
C Partner—❑ Limited ❑ General RIGHTTHNMBPRiNF ❑ Partner—❑ Limited ❑ General RIGHLTHUMBERINT
❑ Attorney in Fact ..e.OE SIGNER:"C; ❑ Attorney in Fact -4-OF SIGNER.d''
Tap cf thumb he ❑Trustee Top of thumb he
❑ Trustee
❑ Guardian or Conservator Li Guardian or Conservator
❑ Other._ ❑Other
Signer Is Representing: Signer Is Representing.
C200I Fla 'L?z far Ass4 bo c.3002.' Lrc,t7 `r-c.±-N,`taXra Item rde Gall Fr t.+830-876.682
02007 rla anal Wary.AsSOoxbo •9300 De Soto as PO Lb 2a02•CYata.crai CP 91313-2402• Naito a No arycrg Item 99C Re rde all Tall Fr Ro0-876-682
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca,Illinois,each does hereby make,constitute and appoint
DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON,
and LEXIE SHERWOOD
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall ed tht
amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24'h of March,2000:
`RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary he,and rich or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsi He signatures facsunile seal shall be
binding upon the Company vhen so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached.
pplUaalliY Ib/ip yy++a+ 'mm'ye
?"Sg6erwzrro z By — ! ;a0 RtW��
y' SEAL :O St P.Antic oa,PrSJtat&Chad Eaccativ.Ome or'Radiant Inlet foul la um eCompnp 7l£' SEAL a;?�
'aft IW] yang. &&nior Via Prnidal of Notlh Anutiva Specialty last eCamping o m
4y4jlWt nn�ele„ By � & d *at+
0,td Ai.Lryma,Senior Sin President oofWashiarl intrmafianaliawrun Comps
&Vi a Pn.idnt of North Amman Specially lawman Company
IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their author zed offi crs this 30th day of . September 200$
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page Ss:
On this 30th day of September 20 OS,before me a Notary Public personally appeared Steven P.Anderson ,President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman f
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company
personally known to me,who being by me duly sworn,acknowledged that they signed the above Powe of Attorney as officers of and
acknowledged said instrument to be the voluntary net and deed of their respective companies.
"OFFICIAL DONNA P.SPAT' 'v-
n
DONNAD.SKLENS
Notary wWa,Sale of Illinois Donna D.Sklens,Notary Public
My Commission Bathes t WY2mt
I, lames A Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company do hereby certify that the above and foregoing is a tr and correct copy of a Power of Attorney gl by said Nonh
American Specialty Insurance Company and Washington International Insurance Company which is still in full force and effect.
IN WITNESS WHEREOF I have set my hand and affixed the seals of the Companies this 3rd day of August 20 09
James A Grpnler,Vin Prevdent&An'sunt Smetary or Wuhmpoo mtemmind[mormaCompany&
North Amerman Spemallylnsurmce Conpaoy
-;`. .'i;.-'
4,
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of Orange
On Aug. 3, 2009 before me, Cynthia J. Valencia, Notary Public
personally appeared Jason Paulus .
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged t me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of
which the person(s) 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 ESS my hand and official seal. CYNTHIA n J VALENCIA
y �.�'L� Commission • 177427
ni Notary Public California
y ne�:`
`C„�1. Orange County
I_ "'Comm.6cctresOd132011 I
Signature if Notary tiet INotary Seal)
V
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
Labor and Material Bond
Title or description of attached document Individual
Corporate Officer /Title
Number ii pages Document Date Partner
oc
Attorney-In-Fact
Trustee
Other
Addili al Intl ati