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Bond - GCI Construction - 2008-06-23 PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND BOND NO 08872048 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 JUNE 23, 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. 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 THIRTY—SIX THOUSAND EIGHT HUNDRED FORTY and 00/100 Dollars ($ 136,840.00), 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 1 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 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 15 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 be performed thereunder All signatures shall be 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 .or �By/s/ /� �i -� w':"" ago' to. .mva s. In accordance with the Contract for CMSD #171 IRVINE PUMPING STATION SEWER FORCE MAIN REPLACEMENT (PHASE I) MESA DRIVE FROM IRVINE AVENUE TO REVERSIDE DRIVE 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. 111 Compat RI presentative M t EL D STO AT IRNEY-IN-FACT APPROVED TO FORM By/s/ ‘141-4.--7 Alan R. Bums. District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Graf)r� 1 On SJu ��qq ��L✓.�� nil ��/ 3 (9 S�. 160.5 before me, -SL f i� l 1 �{ 1-NUJ `!'j/lahl('� Upat ere Insert Name and T'l¢,pl the personally appeared FI GT. Vail'?GM- Name(s) of Stgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(a)-is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/.t#teir authorized capacity(iea); and that by his/her/their signature(e) on the A instrument the person(s); or the entity upon behalf of JANET L.RUSSELL which the erson S Commission#1624297 P (s) acted, executed the instrument. Y kid(± •7; Notary Public California t kN�g. orange County - I certify under PENALTY OF PERJURY under the laws My Comm,Expires Dec 21 2009 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seOLIO l. Signature (P--0--171A-Slgnatu or Nmaryvubli o Plac Notary Seal Above 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) Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGI1rrt1uhlRPRNT ❑ Partner—❑ Limited ❑ General CI Attorney in Fact OF SIGNER El Attorney in Fact .RIGHT OF SIGNERRNT ❑ Trustee Top of thumb her ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing:_ Signer Is Representing: t_24-L4-- -_ _. - ^w- tit4J' un-c^-cww n_-c,`_Av* 4A-c.<_WA—C•Lc.WA, au-ci,c4 w-_ . sw�cnat< 02007 National Notary Assooaton•9350 De Soto Ave PD Box 2402•Chatsworih,CA 91313-2402•www.NatlonalNotaryorg Item M5907 Reorder Call Toil.Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County/oft RIVERSIDE On //tY5/t-" J before me, R CISNEROS 'NOTARY PUBLIC' (He insert name and title of the off r) personally appeared MICHAEL D STONG who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s)'is/arrsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/US-their- authorized capacity(ies), and that by his/hec414 r signature(sjon the instrument the person, s% or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. R. CISNEROS WITNESS my hand and official seal. in r. COMM. #1796916 m f"`r ' NOTARY PUBLIC CALIFORNIA en , �'✓` t/ RIVERSIDE COUNTY +u'? My Comm Expires June 7 2012 Signatur of Notary Publi (Notary Seal) ® ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any ackncerledgn nr completed it Cal fomi must main verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appea ahoy di army cu eparate ekno eledgn nr form mutt be properly co tpleted id attached to that don at TI, nh epn if a down it to hi corded outside of California.. ler s cclr msran at'aliening (Title descripti of attached document) acknmrledgntent verbiage as may be printed such a document so long as the rbage does al require the notan•to do something that is illegal for atom Califomt fi ntn ig du authorized capacity of the signer). Please check the (Title or description of attached document no ed) do em efdlvfor paper now al rding and attach tit s fo frvgi red. Number of Pages Document Date State and Co ray nformation must be the State and County whe the document - signer(s)personally appeared befit the otary public for acknowledgment. Date of notarization must be the dale that the signer(s)personally appeared vhich must also be the same date the aekn vledgment is completed (Additional'nfommtion) The otary public must print his or her name as rt appears whin his or he eammissi folio cd by omma and then title(notary public) Print the namc(s) of document signers) rho personally appea at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off mewed forms(i e ❑ Individual(s) he/she/they;is/are)or circling the orrect forms.Failure to correctly indicate MI mfonnau ay lead to rejection of document recording. ❑ Corporate Officer The Drag seal impression must be clear and photographically eproducibie Impression must not coy text or lines.If at impression smudges, at if a (Title) sufficient area permits,otherwise complete dine cm elm vledgment form ❑ Partner(s) Signatu of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-in-Fact Additional nformation is of equ cd 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 Aber of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indi ate the title(i.e.CEO,CFO,Secretary). 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