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Project 185 - Bond - Sancon - 2011-06-01 (2) -� .. ... .... ... ...... ....... ,..... ... JW rt)UL)/GYlc1 C'JOD FAITHFUL PERFORMANCE BOND PAGE 1 Bond No.1973 770 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS,the COSTA MESA SANITARY DISTRICT a municipal corporation and sanitary district,by minute order of the Board of Directors,adopted on June 1 9 n 11 ,has awarded to CONTRACTOR SANCON ENGINEERING, INC. 5841 Engineer Dr. Huntington Beach,CA 92649 (714)891-2323 hereinafter designated as the 'Principal' Contract No. CMSD#185 for the work described as follows: SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I. Said Contract and all of its obligations, covenants,terms and conditions are fully incorporated herein by reference. WHEREAS,the said Principal is required under the terms of said Contract 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 MASSACHUSETTS BAY INSURANCE COMPANY, 2 Macxthux dace, Santa Ana, CA 92707 (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$455,683.00,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 burdened 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 offices 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. The one year period shall commence on the date the Notice of Completion has been recorded. 18 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 19 -- '- -. ,°"• `•,"� •� 1-300 r IO 1ldbLL b-b,J FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 1973 770 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 Documents or to the work to be performed thereunder 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 Documents or to the work. IN WITNESS WHEREOF we have hereunto set our hands and seals this 6th day of June, 2011 , 2011 Sahcon Engineering Inc Contractor Name 5841 Engineer Drive Street Address Huntington Beach, CA 92649 City,State,Zip Code PRINCIPAL By: q7ir�1 ,. t � 5E, Company Representative' In accordance with the Contract for SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I, 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. MASSACHUSETTS BAY INSURANCE COMPANY Nat MacArthur Place StSiNTAfeA1NA, CA 92707 city,State,Zip Code 'SURETY By Michael R L ngan, Attorney in Fact Company Repre entative -APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary By is/ 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cr-c cer-erecserracsereceFce trerer..ceccercrasever.coceicora caer,eceeerc, ,crerc-rerc-wrote ,orcy State of California County of Los�lA�ngele$ Jl On lithe to l /^� before me, _ Kendra Banks, Notary Public Date He In rt Name nd Title of the Mc personally appeared Michael R, Langan Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(cwhose name(®) is/ace subscribed to the KENDRA BANKS within instrument and acknowledged to me that C% , w COMM. # 1766750 he/gheit y executed the same in hisgae authorized (:r4° �? _'. NOTARY PUBLIC CALIFORNIA rN•+ capacity(iga), and that by his/II:Q*1 u signature(g) on the '"}.� Comm.Epirus ut.7 2 instrument the person(0), or the entity upon behalf of My nm ,Expvw 0ct.) 2031 p O� y p which the person(a) 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 nd and offi.'al seal 44� L���S /�//I Signature � atst Pla Notary Seal Abo Sgnatu of Notary Public OPTIONA 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. e C`L'd rn ay\ to_ ao n d,_ Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Michael R, Langan Signer's Name. ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): — ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT 1:1 Partner—❑ Limited 111 General RIGHT THUMBPRINT 15—Altorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb he El Trustee Top of thumb he ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing: URANCE COMPANY 02007 Natio at Notary Assoaatio •9350 De Soto Av PO Box 2402-Chatsworth,CA 91313-2402•www Natio alNotaryorg-lie #5907 Reorde Call Toll-Fret-800-876-6827 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint MICHAEL R. LANGAN Of Pasadena,CA and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal, acknowledge and deliver for,and on its behalf, and as as act and deed any place within the United States,or, if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows- Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authonzed and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons (Adopted October 7 1981 The Hanover Insurance Company,Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7 2001 Citizens Insurance Company of America) IN WITNESS WHEREOF THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 12th day of July 2010. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY rWW CITIZEN SURANCE COMPANY OF AMERICA 0 6 ' Mary Je .:d_ o Vice Pres del Robert K Gr nan As istan ice Pr sident THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 12th day of July 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations n" was moi emu ic ,/Cmiliwrrd Notary Public - My commission expires on November 3,2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with ny Assistant Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therei wer manually affixed, ev though one or more of ny such signatures thereon may be facsimile' (Adopted October 7 1981 The Hanover Insur Company,Adopted April 14, 1982 Mass chu efts Bay Insurance Company,Adopted September 7 2001 Citizens Insurance Company of America) `t GIVEN under my hand and the seals of said Companies, at Worcester,Massachusetts,this 64" day of „ait,>„e, 20 i 1. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI•S INSU' • CE COMPANY OF ERICA i Step,' .8raul,Assistant Vice Pres•-nt