Loading...
Bonds - GCI Construction, Inc. - 2016-09-22 FAITHFUL PERFORMANCE BOND PAGE 1 EXECUTED IN TRIPLICATE Bond No. 0608931 PREMIUM: $5,643.00 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California Sanitary District, has on September 22, 2016 awarded to GCI Construction, Inc. Attention: Terry Gillespie 1031 Calle Recodo, Suite D San Clemente, CA 92673 (714)957-0233 hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows: CMSD Project #200-C South Coast Plaza Pump Station Force Main Replacement. Said AGREEMENT is fully incorporated herein by reference. WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety) hereinafter designated as the "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: Four Hundred Twelve Thousand, Four Hundred Eighty-Two and 00/100 ($412,482.00), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves and our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened PRINCIPAL, his/her/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 AGREEMENT 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 its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0608931 In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney's 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 AGREEMENT 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 AGREEMENT or to the work or to the specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of SEPTEMBER , _2016 GCI Construction, Inc. Attention: Terry Gillespie 1031 Calle Recodo, Suite D San Clemente, CA 92673 PRINCIPAL: '.C Con ruction, Inc. By: Te D. t illespie - President In accordance with the AGREEMENT, all bonds shall have been 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 INTERNATION L FIDELITY INSURANCE COMPANY By: _ A �A ��► Company Rep ntative MI4HAED D. STONG, ATTORNEY-I -FACT APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary District By/s/ 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .-.�Talc:•.�.a/.�.a aar�.a�a 'a^r^a�,�c�af-•.a�.�a�a.....s.:..�..v.. aC-7.a.�.aha!;ai-.a�a�a�a...a�a!:a.da�•.a�c�a.�.a�asa.ra . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the not thetruthfulness,accuracy,or validityof that document. document to which this certificate is attached,and State of California County of Orange On September 8, 2016 before me, Janet Gillespie- Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie Name()of Signer($) who proved to me on the basis of satisfactory evidence to be the person(4) whose name() is/WO subscribed to the within instrument and acknowledged to me that he/$Jl$/t)'yi# executed the same in his// f/J authorized capacity(0),and that by his/F/#/)Wit signature(4)on the instrument the person($), or the entity upon behalf of which the person(/) 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. JANET GILLESPIE WITNESS my hand and official seal. Commission # 2049968 Notary Public -California D n ..' z `r'' a'r Orange County Signature / f i ��'� / "i S My Comm.Expires Dec 2_1,20_14 Signature of Notary Pu• is Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 \t!vC.4\..�t.'.�t! t�'.�t!9\t�4�t!s\tiv�C!v�N'At.12 1t.12.1t.o\t.s\✓ t!...\.4.�2.vet,Sit.At.a.at.lt.s\t.O�t.a.1.i..v..v��t.�t. t'�t.'.�t.4\t.s\t.c\t.L\t. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County ofRiverside On R//m," before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s)of Signer(s) I , who proved to me on the basis of satisfactory evidence to be the person(o) whose name(I) is/ave subscribed to the within instrument and acknowledged to me that he/sate/they executed the same in his/her/their authorized capacity(iefi),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R.NAPPI is true and correct. �'` "'•� COMM-#2152652 0WITNESS my hand and official seal. 21/4 1." . .. NOTARY PUBLIC•CALIfORNIA N `} i1 RIVERSIDE ane 1.1.2020 NTY MyComm•ExD• Signature Sign u of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: • 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 PAYMENT BOND EXECUTED IN TRIPLICATE PAGE 1 PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. 0608931 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California sanitary district, has on September 22, 2016 awarded to GCI Construction, Inc. Attention: Terry Gillespie 1031 Calle Recodo, Suite D San Clemente, CA 92673 (714) 957-0233 hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows: CMSD Project #200-C South Coast Plaza Pump Station Force Main Replacement Said AGREEMENT is fully incorporated herein by reference. WHEREAS, said PRINCIPAL is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety) hereinafter designated as the "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: Four Hundred Twelve Thousand, Four Hundred Eighty-Two and 00/100 ($412,482.00), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves and our heirs, executors and administrators, and successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said PRINCIPAL or his/her/its 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 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 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. PAYMENT BOND PAGE 2 Bond No. 0608931 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7TH day of SEPTEMBER , _2016 GCI Construction, Inc. Attention: Terry Gillespie 1031 Calle Recodo, Suite D San Clemente, CA 92673 PRINCIPAL: GCI nstruction, l c. By: Terry D. Gill spie- President In accordance with the AGREEMENT, all bonds shall have been 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 an admitted surety. SURETY INTERNATIONAL FIDELITY INSURANCE COMPANY By: 1_ _ OM ��� Company - •' -ntative MICHAEL D. STONG, AT IRNEY-IN-FACT APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary District By/s/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ..T•,T-.a.,T e�<!ac!a.<!:e <!s�< «'ofc.<i•.<!�'e.�.<!�<.c�e-c. ...�.E�.�..c.-.T�v e�'<�.' <!T<ra..Te��e!c�<!s�'<!ne�c�«'< <!r<.c.<.c.<.c e.-.� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On September 8, 2016 before me, Janet Gillespie - Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie Name()of Signer($) who proved to me on the basis of satisfactory evidence to be the person(4) whose name() is/4M subscribed to the within instrument and acknowledged to me that he/0J1//tJ t executed the same in his/llipt/ftt authorized capacity(iM),and that by his/I•) /,t) $ signature(q)on the instrument the person($), or the entity upon behalf of which the person() 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. JANET GILLESPIE WITNESS my hand and official seal. 'N Commission #2049968 L Notary Public -California 1 /i / 3 `r.'4' JO / Orange County Signature 4 Comm.Expires Dec 2_1201 E Signatu - •f Notary Pub c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 4Z,,4 "✓.•"Y.h'y4\-.4�.Sv4\:�i\✓.�i\:.4 4\✓4C'✓,4\_.4�.4\G_ '4‘=4 .''/''L '�/'t/'a'+'m. y a4'YS"Y4�4\=4<:.4\:.S�.i�,4�,4�i\•✓,4\�i\.: ,G.+/S.L,. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside On i/7/J, before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iet),and that by his/her/their signature(e)on the instrument the person(e), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph e-- R.NAPPIis true and correct. COMM.•2152652 w WITNESS my hand and official seal. Z ' "'"IL ' -• NOTARY PUBUC•CAUFORNIA - j My RIVERSIDE COUne e11 �- Comm.FsD.Ju1,1020 Signature Signare of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — ❑Limited 0 General 0 Partner — 0 Limited ❑General ❑ Individual 0 Attorney in Fact 0 Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator 0 Trustee ❑Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Tet.(973)624-7200 INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the taws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennnysylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint MICHAEL D. STONG, JEREMY PENDERGAST Riverside,CA. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute rule,regulation,contract or otherwise and the execution of such instrument(sUin rsuance of these: presents,shall be as binding upon the said INTERNATIONAL IDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,20T0 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED that (1)the President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on'behalf of the Corporation and affix the Corporations seal thereto,bonds,undertakings, recognizances, contracts of indemnity and othr written oblations in the nature thereof or related thereto; and(2).an such Officers:of the Corporation may appoint and revoke the appointments of Joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and (3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed byfacsimile to any power of attorney or`certification given for the execution of any bond,undertaking, recognizance contract of indemnity or other written oblgation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being ereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the orporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012. __ Y/ � 7)' STATE OF NEW JERSEY 'Q►)� County of Essex Si. , to SEAL lii 1936 "c CP of litt 43 rf 4r * ROBERT W.MINSTER * �1 A�.�,l! 0� Executive Vice President/Chief Operating Officer ► "�NSYIN� (International Fidelity Insurance`company) - and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ,.ti+r++wk«aaa. at the City of Newark,New Jersey the day and year first above written. S ii '�`,Alt/ ‘C°,•'"gti z A NOTARY PUBLIC OF NEW JERSEY Q •e My Commission Expires Mar.27,2014 `'Sfl,OPP4014 3*`•'•• r�'`onivii,004 � CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with,the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this }. day of I ao II to --"4_.efe._____4*......le,4,1--dffidelgice-cf;'-- CCJ't;AssistantSecretary.