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Bond - GCI Construction, Inc - 2020-09-23Executed in two original counterparts. FAITHFUL PERFORMANCE BOND THE FINAL PREMIUM I5 PAGE 1 PREDICATED ON THE Bond No. 0788264 FINAL CONTRACT AMOUNT Premium: $18,394.00 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 23, 2020 awarded to GCI Construction, Inc., 1031 Calle Recodo, Ste. D, San Clemente, CA 92673 hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows: #318 President Pump Station Reconstruction. 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 Harco National Insurance Company, 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806 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: One Million Six Hundred Twenty -Six Thousand One Hundred and 00/100 ($1,626,100.00), 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. 0788264 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 1st day of October , 2020. GCI Construction, Inc., 1031 Calle Recodo, Ste. D, San Clemente, CA 92673 PRINCIPAL GCI Construction, Inc. Bye Company Rep entative 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 Harco National Insurance Company By: Company resentative Michael ID, Stong, Attorney -In -Fact APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary District By /s/ CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: 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 ) SS. County of C ) On —t010912020 before me " J^r2A /42i2r NAS`Ra1yf Notary Public, personally appeared lRiCHAgLk 6 j�IAv who proved to me on the basis of satisfactory evidence to be the person(4 whose name ► /are subscribed to the within instrument and acknowledged to me that she/they executed the same i hi /her/t eir au capacity(, and that by&-s"her/their signature on the instrument the thorized which the person acted, executed the instrument. person), or the ent►ty upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal [NOTARIAL SEAL] tit Q,ZiZ1 A/,q a 1: Z • `ti • o o O °° 4f4f. #2a230.° Tea 'y a i My comm�i�s� A �I(r i� �1 20-23 HEL6850CA (I / 15) Sig ture _ A 1�-A AZIz. i N)AN t N i Print Name ACKNOWLEDGMENT 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 October 1, 2020 before me, R. Nappi , Notary Public (insert name and title of the officer) personally appeared Michael D. Stong 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �l OF R. NAPPI WITNESS my hand and official seal. - ts..-::,......yF .- �P` Notary Public -California _ _ ' Z Z R Riverside County Z Commission # 2327975 `40 Foa"�P My Comm. Expires Jun 7, 2024 Signature (Seal) �yl(� STATE OF NEW JERSEY STATE OF ILLINOIS ,r�� County of Essex County of Cook ca SEMIrM �. � 1604 ey Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY Bond No. 0788264 INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint MICHAEL D. STONG, BEN STONG, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attomey(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(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-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 Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any 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 by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby 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 Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019 := SEAL. 0• J0, »►s• On this 31 st day of December, 2019 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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, 1 have hereunto set my hand affixed my Official Seal, at the City of Newark, ``.`'E A L •••••••�� �' New Jersey the day and year first above written. Q►•, E-P. . o° �p"/q*,moo .1.64'•. r 0. W JEVtS,.I'' Shirelle A. Outley a Notary Public of New Jersey CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the cony 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 (evoked and is now in full force and effect. IN TESTIMONY WHEREOF, 1 have hereunto set my hand on this day, October 1 st, 2020 A00835 Irene Martins, Assistant Secretary THE FINAL PREMIUM IS PREDICATED ON THE PAYMENT BOND Executed in two original counterparts. PAGE 1 Bond No. 0788264 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation, by minute order of the Board of Directors, adopted on September 23. 2020 has awarded to GCI Construction, Inc., 1031 Calle Recodo, Ste. D, San Clemente, CA 92673 Hereinafter designated as the "Principal", a contract for the work described as follows: #318 President Pump Station Reconstruction 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 Harco National Insurance Company, 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806 (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: One Million Six Hundred Twenty -Six Thousand One Hundred and 00/100 ($1,626,100.00),--said sum being set per Civil Code Section 9554 at 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 9100 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 Employment Development Department from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance 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 9100 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. 0788264 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 1st day of October, 2020 GCI Construction, Inc. Contractor Name 1031 Calle Recodo, Ste. D San Slemente, CA 92673 City, State, Zip Code PRINCIPAL GCI Construction, Inc. Company Representative In accordance with the Contract for #318 President Pump Station Reconstruction 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 an admitted surety. Name Harco National Insurance Company 2400 E. Katella Ave., Suite 250 Anaheim, CA 92806 SUREW Harco tion Insurance Company By; A A , ) Conipay epresentativ Michael . Stong, Attorney -In -Fact APPROVED AS TO FORM: Alan R. Burns, District Counsel Costa Mesa Sanitary District By /s/ CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: 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 ) SS. County of O &44_ ) On j 0 1Cq J&azo before me, `TAB AZjzl —NAMINi Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person( ( whose name(, �sf re subscribed to the within instrument and acknowledged to me that e/` he/they executed the same in I;/�`ier/� authoriz ed which the person( Iacted, executed the instrument. p ), or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal [NOTARIAL SEAL] lo111111111,f NZtZI'N'j.4 �� %' �� a 0\SS10Aj ��j 010 m � s b tZ �pY PO ft *y f �~sw • � . C�-; t�R w °�I� �' y� gyp° ®spa �•`� � GE My comm s®44 5�Ash ,\t � =Z HEL6850CA (1/] 5) S' ature Print Name ACKNOWLEDGMENT 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 October 1, 2020 before me, R. Nappi , Notary Public (insert name and title of the officer) personally appeared Michael D. Stong 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S�►lOr R. NAPPI ;..:•e.; 1:�7 Notary Public -California Z Z �� = Riverside County > Z r �° Commission # 2327975 w My Comm. Expires Jun 7, 2024 Signature (Seal) rl,i STATE OF NEW JERSEY STATE OF ILLINOIS ,fir p SiEAfI SFAL ` ► County of Essex County of Cook `� % Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond No. 0788264 Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27606 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint MICHAEL D. STONG, BEN STONG, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attomey(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(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice 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 Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any 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 by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby 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 Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31 st day of December, 201 Z7 40#64•0, SEALo 11984 i. On this 31 st day of December, 2019 , 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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. `tiE A IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, �' •••••••.•, '. New Jersey the day and year first above written. a TA WjE Shirelle A. Outley a Notary Public of New Jersey 1� �111111/%, CERTIFICATION My Commission Expires April 4, 2023 1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 on this day, October 1:st, 2020 A00835 Irene Martins, Assistant Secretary