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Project 183 - Bond - GCI Construction - 2008-07-16 FAITHFUL PERFORMANCE BOND PREMIUM $2 998 00 BOND NO 08872049 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND (District Contract) KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS. COSTA MESA SANITARY DISTRICT a California sanitary district. by minute order of the Board of Directors. adopted on JULY 16, 2008 has awarded to CONTRACTOR (Name & Address) GCI CONSTRUCTION INC 245 FISCHER AVENUE STE B-3 COSTA MESA, CA 92626 Hereinafter designated as the 'Principal' a Contract for the work described as follows: WHEREAS. the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract, including a one year guarantee of the work performed. NOW THEREFORE. WE. the undersigned CONTRACTOR. as Principal and SURETY (Name & Address) FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N BRAND BL SUITE PENTHOUSE GLENDALE CA 91203 Duly authorized to transact business under the laws of the State of California. as Surety are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of ONE HUNDRED SIXTY—SIX THOUSAND FIVE HUNDRED THIRTY and 00/100 Dollars ($ .66,530,00). 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 offices and agents. as therein stipulated. then this obligation shall become null and void. otherwise it shall he and remain in full force and virtue This obligation covers a one year guarantee on work performed after 1 said work has been completed. 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 paN 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 he properh notorized and a properly authenticated power of attorney must be submitted. IN WITNESS WHEREOF we have hereunto set our hands and seals this 25th day of JULY 2008. PRINCIPAL CONTRACTOR GCI CONSTRUCTION INC By /=i7 Company 'epresentative n 't3(Ll1 In accordance with the Contract for CMSD #183 GRAVITY SEWER AND SEWER FORCE MAIN REPLACEMENT AT VICTORIA STREET AT HARBOR BOULEVARD all bonds shall have 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Oje Company epresentative CHAEL D • aNG ATTORNEY—IN—FACT APPROVED TO FORM By /s/ 4174-44,4--7 Alan R. Burns. District Counsel Costa Mesa Sanitary District CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ce.cece State of California County off' Qr� Not On Cu kti 2& u.@ before me, Of k- (1] { 1 V oJt Upat ere_ Insert Name and Title of the er personally appeared F I �t!e s)of Sign r(s) /lSL/�T IT(- Name(s)of Sign qs) 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/tier/theirsignature*) on the instrument the person(s); or the entity upon behalf of JANET L.RUSSELL which the person(s)acted, executed the instrument. Commission#1624297 . `s' r Notary Public California ^, I certify under PENALTY OF PERJURY under the laws ` ;� Orange County [[ ty • My Comm.Expires Dec 21,20091 of the State of California that the foregoing paragraph is .. 8 true and correct. WITNESS my hand and official seal. /�/�� Signature ' _6/yj Pla Notary Seal Abo 1 Signatu of Notary u is OPTIONAL 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): U Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General R RIGHT THUMBPRINT IGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb he ❑Trustee Top of thumb he ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing: Signer Is Representing: •-cut-' ‘(-t ©2007 Nato at Notary Associate 9350 De Soto Ave PO Box 24102'Chatsworth,CA 91313-2402•www Nato alNotary erg Item$5907 Reorde Call Tot-Free 1-80-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 7/��11 d�5�0 g before me. R. CISNEROS 'NOTARY PUBLIC' (He insert amt nd title of lit.olft r) personally appeared MICHAEL D STONG who proved to me on the basis of satisfactory evidence to be the person(4whose name(s'is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/-herkheir authorized capacitv(.ies.), and that by his/herltheir signaturef,4 on the instrument the personfts% or the entity upon behalf of which the persons '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. ;;;.N,,ch R. CISNEROS- WITNESS my hand and official seal. 53 r- r \ COMM. #1796916 a /f ¢`•Xe,rl .:' NOTARY PUBLIC CALIFORNIA en ILIy// RD f �i My ComIVERSIm Expires E June COUNTY 7 2072 I. Signatu of Notary Publi l 1 t'/ LilJ�i (Notary Seal) O 0 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknoeledgn m ampteted California nut coma verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears also; ' th wary cn epar tr ckno rledgn 'It form mg be properly completed rd attached to that do in. The my epnon is if document to be recorded outside of California In di sian it chemist! (Title or description of attached document) cknmrledgment verbiage a)be printed on such document long as the rbmge does not requ th teary to do malting that illegal far man Calfann fi.e. certif Ig the mhoriced capacity of the sign r). Ple check the (Yule or description of attached document nti ed) docu eat carefullvfnr proper now of rding and attach eli fo if rem red. Number of Pages Document Date State and County information must be the State and County he the document signer(s)personally appeared before the notary public for actin vledgment Date of notarization must be the date that the signer(s)personally appeared vhich must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears vdhm his or he commission folio ved by a comma and then yo title(notary public) Print the name(s) of document signer(s) vho personally appear at the time of otarization CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i c ID (s) he/shelehey-is lace)or cling the once forms.Failure to correctly indicate this informati may lead to rejection of do ument recording ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible Impression must of text or lines If al impression smudges,re-seal if a (Title) sufficient area permits,othenvise complete different ackn vledgment form. ❑ Partner(s) Signatu of the notary publi must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additr al nformation is not requ ed but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title or type of attached document,nu the of pages and date. Indicate the apacity claimed by the mu If the claimed capacity is a orporate officer mdi ate the title(i CEO,CFO,Secretary) Securely attach tht document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 we.NotaryClasscs.com PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND BOND NO 08872049 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) 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 has awarded to CONTRACTOR (Name & Address) GCI CONSTRUCTION INC 245 FISCHER AVENUE STE B-3 COSTA MESA, CA 92626 Hereinafter designated as the 'Principal' a contract for the work described as follows. 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 SURETY (Name & Address) FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N BRAND BL SUITE PENTHOUSE GLENDALE CA 91203 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 HUNDRED SIXTY—SIX THOUSAND FIVE HUNDRED THIRTY and 00/100 Dollars ($ 166,530 .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 and 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 t amounts require 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 hercinabove. and in addition, in case suit is brought upon the bond. will pay a reasonable attorneys tee 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 filed 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 he performed thereunder All signatures shall he properly notorized and a properly authenticated power of attorney must be submitted. IN WITNESS WHEREOF we have hereunto set our hands and seals this 25th day of JULY ,2008. CONTRACTOR GCI CONSTRUCTION INC By /s/ A a to .r rt..• — _.Tir6LS In accordance with the Contract for CMSD #183 GRAVITY SEWER AND SEWER FORCE MAIN REPLACEMENT AT VICTORIA STREET AT HARBOR BOULEVARD all bonds shall have 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 surer SURETY FIDELITY AND DEPOSIT COMPANY OF MARYLAND B I/ By Compan ' fgepresentative, W CHAEL D ST G • TORNEY—IN—FA T APPROVED A TO FORM By /s/ IhStA'" -7 Alan R. Burns. District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT €rcccfaene(..seserxr.co.tee- n-e-ecrc-rcrc-ccecr.�c.oncecrcr., ecrcrwr.�r-crcrcrcrtirbr.�6crerer-.crcrcrcr,� State of California County of Oran On(J(,U iv a @ before me, n ' W C" [aW Date e and TXe oe r personally appeared F I QL Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(st whose name(e)-is/are subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in hisTher/their authorized ,. �_. �. pp capacity(ies); and that by his/her/theirsignature$e) on the JANET L.RUSSELL ® instrument the person(s); or the entity upon behalf of Commission# 1624297 [[ which the erson #1 p (syacted, executed the instrument. s+ � Notary Public California '1i^ Orange County I certify i under PENALTY OF PERJURY under the laws N1yCornm.Expires Dec21 2009 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se. . ' l Signature Plec Notary ^�Seal Above Signatu of No=� •ubbc OPTIONAL 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): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT El Partner—❑ Limited ❑General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb her ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing: ecx-cu" ^6-c_ mac,"- - ="w^w^wuww•w"_ r..i r.cx-c..,<.- _ +!,.wu w^ .^,-^r-��-r,u^�c.^ww•w<_ricte..^r-t.•w.": . 02007 National Notary Association•9350 tie Solo Ave PO Box 2402•Chatsworth,CA 91313-2402-w»w NationalNotaryorg Item#5907 Reorder Call Toll-Free l-1ID0-876-6827 CALIFORNIA ALL—PURPOSE CERTIFICATE OF ACKNOWLE 'I OMEN' State of California County of RIVERSSIDE On —3/42 5/0 eS before me, R CISNEROS 'NOTARY PUBLIC' • Were. en name and title of the ofli r) personally appeared MICHAEL D STONG who proved to me on the basis of satisfactory evidence to be the person,(arwhose name(a)'is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/laerk-heir authorized capacity, , and that by his/her/their signature(a)'on the instrument the personX,, or the entity upon behalf of which the personfa)'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. - ' ``'" R. CISNERQS" WI SS my hand and official seal. y , s,-,::y r COMM. #1796916 ¢ may,-,, .;�, - NOTARY M. #1796916 CALIFORNIA 9691 y RIVERSIDE COUNTY My Comm Expires June 7 2012 Signatu of Notary Pubh (Notary Seal) 14�..- s o ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment mpleted California tau coma verbiage chip as DESCRIPTION OF THE ATTACHED DOCUMENT appe rs above in the clan, en epu ate ckno rledgn m form nut be properly completed and attached to that do in. Th only eption if document is to tit corded outside of California In ch atan es. nt•airman (Title or descripti of attached document) acknowledgment verbiage ay be printed on such docimtent so long as the rbtage does of equ di awry to do metlnng that illegal for man, is California (i.e. certifim ig the uthoriced capacity of the sign r). Please check the (Title or description ofatlnched document nti ed) document efulh•forproper notarial rding and attach rh fo if required Number of Pages Document Date State and County information must be the State and County there the document signer(s)personally appeared before the notary public for ackn vledgment. Date of notarization must be the date that the signer(s)personally appeared vhich must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears vithin his or he . commission folio ed by omma and the you title(notary public) Print the name(s) of document signer(s) vho personally appear at the time of atanratt CAPACITY CLAIMED BY THE SIGNER Indicate the correct ngula or plural forms by crossing off incorrect forms(i ❑ Individual(s) he/shdihey-'s tare)or circling the affect forms.Failure to correctly indicate this informal' may lead to rejection of document recording ❑ Corporate Officer The notary seal impression must be clear and photographically eprodu tble Impression must not cover text or It If seal impr smudges, seal if a (Title) sufficient area permits,otherwise complete a drift nt eknowledgment for ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk, ❑ Attorney-in-Fact Addttt al nformation is not equ red but could help to ensure this ❑ Trustee(s) acknowledgment is of misused or attached to a diffe nt document. ❑ Other Indicate title or type of attached do ument,numbe of pages and date. Indicate the apacity claimed by the Igo If the claimed rapacity is a orporate officer,tndi ate the title 6 CEO,CFO.Secretary) Securely attach this document to the signed document 2008 Ve ion CAM v12.10 07 800-873.9865 Int.NotaryCtasses cam Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland,by WILLIAM J MILLS, Vice President, and ERIC D BARNES, Assistant Secretary in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hp\e ,dds by nominate,constitute and appoint Michael D.STONG,of Riverside,California, its true and s + t�-�15�1=A�'ttjo,.0-:.i -Fact,to make, execute, seal and deliver, for, and on its behalf as surety and . �+ :Itu.-•: a . •t r` t�,3 '4ktd undertakings,and the execution of such bonds or undertakings in puns ,° -idiot . n ent l3�0 • g upon said Company as fully and amply to all intents and purposes, a. 'a' r<-w''+Au y - .e wledged by the regularly elected officers of the Company at its office in - • i,.J d, n e, gioq t� .:- ans. This power of attorney revokes that issued on behalf of Michael D J��irte��a oar 71 ": \Uj3i The said Assistant S 2?eta •0,..ole • hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- sw ../i a°bC.- zany and is now in force. IN WITNESS W ' • OF the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 19th day of August, A.D 2004 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND '^D UFOs,I ti^ ro%. O a ° 1191 i /ny,�� c� ' '"'" p �' 7 By Eric D Barnes Assistant Secretary William J Mills Dice President State of Maryland City of Baltimore f ss. On this 19th day of August, A.D 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J MILLS, Vice President, and ERIC D BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written. ''3.a.‘sq g7tzic 3 . Dennis R. Hamden Milan,Public My Commission Expires: February 1 2009 POA-F 012-0629 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and to affix the seal of the Company thereto. CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELIT\ AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990. RESOLVED 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said Company, this �S!-1 day of ci 200 P Cho As sla it Se nary