Bond - Paulus - 2009-07-23 ADMITTED Best's A-XV
FAITHFUL PERFORMANCE BOND
BOND NO 2090636
PREMIUM. $11 250
EXECUTED IN THREE COUNTERPARTS
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE 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 the said Principal is required under the terms of said Contract and
Districts Operations Code Section 7 05 030 to furnish a bond for the faithful
performance of said Contract, including a one-year guarantee of the work performed
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S PARKER ST #3800 ORANGE, CA
(NAME AND ADDRESS OF SURETY) 92868
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 & N0/100'S Dollars
(5 775,048.00 ), said sum being not less than one hundred (100%) percent of
the contract price for the payment of which sum well and truly to be made we bind
ourselves, our heirs executors administrators and successors jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden
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 all the undertakings,
terms, 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. This obligation
covers a one-year guarantee on work performed after said work has been completed.
1
The one-year period shall commence on the date the Notice of Completion has been
recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs
and reasonable attorneys' 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 Contract 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 Contract or to the
work or to the specifications.
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 20 09
PRINCIPAL PAULUS ENGINEERING INC
CONTRACTOR/
By.
Company Rep esentative
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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY
By _� , ��O
Company Represent.: e CHARI7 S L FLAKE
ATTORNEY-IN-FACT
APPROVED A 0 FORM:
By /s/ i Lt/Lf'�
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California 1
County of Orange Jl
On 8 0 09"3 before me, Jan C Moran Notary Public
Dat Here Insert Name and Tale at the Officer
personally appeared Charles L Flake
Name(s)of Signer(s)
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.
)T.A i 4 ^ JAN C. MORAN
,- ��r � I certify under PENALTY OF PERJURY under the laws K.
U:' t comm. #1789349 of the State of California that the foregoing paragraph is
(5 NOTARY PUBLIC CALIFORNIA U true and correct.
5 �•r ° ORANGE COUNTY n
"I...,Trtreir COMM.EXPIRES FEB.17,2012 i
WITNESS my hand
�'and ,official seal.
nd,
Signature li 7,�/t(Yr )
Pia Notary Seal Abo Stgnatu of Not ry Public
OPTIONAL Ja C. Moran
Though the information below Is not required by law it may prove valuable to oersons 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).
❑ Partner—0 Limited ❑ General ❑ Partner—❑ Limited ❑ General
RIGNT,TNUMBPRINr r rlt:9- .•
❑ Attorney in Fact r-: oPSIGNEfl ❑Attorney in Fact •" •r 4•)�.L�L,�
❑ Trustee Top of thumb he ❑Trustee To of thumb he
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other ❑Other
Signer Is Representing- Signer Is Representing:
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NASSURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Instant cc Co ipany a corporation duly organized and existi ig under
laws of the State of Nei. Ilampsh re,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 SIIERWOOD
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf nd as its act and deed,bonds or other vritings
obligatory in the nature of a bond on behalf of each of said Companies,as surety on contracts of etyship as re or may be rem, ed or permitted by
lai regulation contract or otherwise pros ided that no bond or undertaking or contract suretyship executed nder thm itho ray shall ed the
amount of TWENTY-FIVE MILLION(525,000,000.00)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 24th 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 be,and eh or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney or fed
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 Attorne, to iy
certificate relating thereto by facsimile,and any such Power of Attorney certificate bearing such fats ile ignatu or facsi Ile seal shall be
binding upon the Company vhen so affixed and in th futu with regard to any bond,undertaking or contract of surety to which it is attached
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IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused th
official seals to be hereunto affixed.and these presents to be signed by their authorized offi th1 30th day of September 2008
North American Specialty Insurance Company
Wash igtor International In Co rpany
State of Illinois
County of Du Page ss:
On this 30th day of September 20 08,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,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company
peisonally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their resnecti
"OFFICIAL.SEAL" dynOia
DONNA ID-SKIERS
Sassy Publiq Swim of Illinois Donna D.Sklens Notary Public
My Commission Expires 10/p620I1
I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washingtm
International Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Compel and Washington International Insurance Company vhich is still full for and effect,
IN WITNESS WHEREOF I ha set ,y hand and affixed the seals of the Companies this 3rd day of Augus t 20 0 9 •
JamesA Cerpente V,ePr stile t&Amstan1Se ary of Wahmgro In Jena na Insurance Co panyt.
Note,Am can Specialty In ranee Company
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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.
'moo CYNTHIA J. VALENCIA
WITH- SS my hand and official seal. t ',..",-211 E Commlaron t 177J«7
i NotaO Public
County California I
Comm.i inadi OW 2011
Slifka ire or(otary Public (Notary seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
Faithful Perf Bond Individual
Title or description of attached document
Corporate Officer /Title
Number of pages Document Daft Partner
Attorney-In-Fact
Trustee
Other
Additional Information
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 11129
(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 CA
(NAME AND ADDRESS OF SURETY) 92868
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 & N0/100 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
II
By /s/ t/
In accordance with the Contract described above, all bonds shall be issued by an
admitted sure y 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
SURET NO: H AMERICAN SPEC TTY INSURANCE COMPANY
(PP 4,,By. /
Company'epresen 417 e CHARLES L FLAKE
ATTORNEY-IN-FACT
APPROVED A TO FORM:
By /s/ 1-474-47c'`"
Alan R. Burns District Counsel
Costa Mesa Sanitary District
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Orange J}
On 8-03 09 before me, Jan C Moran Notary Public
Dat Here Insert Name and Title of the Ofticer
personally appeared Charles L Flake
Name(s)of Styr 'sl
who proved to me on the basis of satisfactory evidence to
V'f'' s E :,t JAN C MORAN be the person(s) whose name(s) is/are subscribed to the
ue. COMM. #1789349 within instrument and acknowledged to me that
OMrw),""gel NOTARY PUBLIC CALIFORNIA +) g
Wil#7 ORANGE COUNTY 0 he/she/they executed the same in his/her/their authorized
"Ray COMM.EXPIRES FEB. 17,2012 a 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.
aaa -
JAN C MORAN ( I certify under PENALTY OF PERJURY under the laws
=;r ' COMM. #1789349 'A of the State of California that the foregoing paragraph is
-2m z: •M NOTARY PUBLIC CALIFORNIA
Lc. ,j, ORANGE COUNTY 0 true and correct.
.sr COMM.EXPIRES FEB.17,2012 "
v "
.. . . . 1 WITNESS my hand and official seal.
Signature
Pla Notary Seal Abe Sg t of Not Public
OPTIONAL Ja 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: Signers Name.
❑ Individual D Individual
❑ Corporate Officer—Title(s) U Corporate Officer—Title(s):
❑ Partner—❑ Limited U General RIGNT7NUMBPRINr. ❑ Partner—D Limited ❑ General
❑ Attorney in Fact 4a0FSIGNEBW4 U Attorney in Fact moksioNER:,�
❑ Trustee Top of m° ,n he U Trustee Top of thumb
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other U Other
Signer Is Representing Signer Is Representing:
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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
la vs of the State of New Hampshire,and have rg 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 SIIERWOOD
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deli 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 re or may be requ ed or permitted by
lm regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall ex ed the
amount of: TWENTY-FIVE MILLION(525,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the folios 1g 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 24th 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 be,and each 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 Monte. to m
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such fats ile ignatures or fact, ile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which It is attached.
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IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused th
official seals to be hereunto affixed, nd these presents to be signed by their authorized offic thi 30th day of September 2008
North American Specialty Insurance Company
Wash igtor International In ranee Company
State of Illinois
County of Du Page ss:
On this 30th day of September 20 08 hefor m a Notary Public personally appeared Steven P.Anderson ,President and CEO of
Washington International Ins ranee Company and Senior Vice President of North Ame mar Specialty Insurance Company and Dasnd M.Layman,
Senior Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insuranc Company
personally known to me,who being by me duly sworn,acknowledged that they signed the above Pos er of Attorney as officers of and
acknowledged said instrument to be the vole nary act and deed of their respective companies
"OPPICIAL SEAL'
•DONNA D.SIQ.ENS
Notary Public.,State of Illinois Donna D.Sklens Notary I'ubli
My Commission 1§p rat 10/0(y2011'
I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Compa 1y do h reby certify that the rhos and foregoing tr d cur et copy of a Power of Attor ley gi by said North
American Spe alty Insurance Col many and Washington International In Company vhich is still in full force and effect.
IN WITNESS WIIEREOF I have set ry hand and affixed th seals of the Companies this rd day of August 20 09
James A Carpenter.Slice Pr vdem&AV,SVt Soem of Wuhmpo burros nal Insurance Co pem&
North An can Specialty In ranee Co
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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.
WIT SS my hand and official seal. , .os CYNTHIA J. VALENCIA
_d t Commission 0 177 427
' 8 Notary Public CallfoiNo
$ yP�y':p.. ry
/ - `„o _,.� orange County
_..see Carr. Oot1 2011
Stgnale o 'votary 'u i (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
_ labor and Material Bond
Title des, inn of attached do ument Individual ill
Corporate Officer /Title
Nu iher pages Document Date Partner
rf
Attorney-In-Fact
Trustee
Other
Additional Information