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Project 171 - 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 B\ 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 I 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 attorneys 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 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/ /1-�� - MT: •,• • ,. ,Trets In accordance with the Contract for CMSD if].71. 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 IC�� By. I ComparYy 'presentative M it a EL D STO AT IRNEY-IN-FACT APPROVED 4TO FORM By/s/ 4-4-64---7 Alan R. Burns. District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cr. ^zr .cep rtirtircce. �.tcr. erect.eteec� ...Ir—a—s. zrce,cs-rcrcce,r � State of California County of O eM(..y✓���7 ( )�`/ �/ / On(Ju� �,XA 8 before me, k_-" ` 1-I os I�f i U4 ere end rue of ma omla personally appeared F I� �/"�—GlnJ7v(�rnUd-E- Name(s)of Signer(a) who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(e)-is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ifefr authorized capacity(iee); and that by his/her/theirsignature(e) on the n instrument the person(s); or the entity upon behalf of JANET L.RUSSELL which the person($-acted, executed the instrument. _ Commission# 1624297 gAt&r:Act, Notary Public California 'kart' 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 seal. Signature 1 .I.A -r--' V \�1.J� Place No ary Seal Above `J Signatu of Notify-Pudic 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—0 Limited ❑ General RIGHTTHUl.1aPRItJT ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact OF SIGNER RIGHT TSGNERRINT y 0 in Fact OF SIGNER CI Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing: <-c^e.c.^u__ 02007 National Notary Assocauon•9350 De Sato Ave. PO Box 2402•Chatsvorm,CA 913112402•www NationalNotery org Item#5907 Reorder Call Toll-Free 1-8'0-8766827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIIVERSIDE On —0 5/D" 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,(.df whose name(s)'is/atrsubscribed to the within instrument and acknowledged to me that he/shekHey executed the same in his/.her/their authorized capacity(ies), and that by his/herltttcir signature(sron the instrument the person 5 or the entity upon behalf of which the person('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. CISNEROS WITNESS my hand and official seal. y i',) COMM. #1796916 a L ' 4F- y _ NOTARY PUBLIC CALIFORNIA en AA x��2222'�r"' 'L RIVERSIDE COUNTY ;y,,` My Comm Expnes June 7 2012 Signatu of Notary Publi (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledge nt mpleted Calfornt must marl verbiage city as DESCRIPTION OF THE ATTACHED DOCUMENT appears atom th man' coo eparule char,vledgn ni form must be properly completed ed attached to that do nt. Th only except; f a docun it to la recorded outside of California In such swan es. nt'ahernan (Title or description of attached document) ckno ledguteni verbiage as ay be printed on ch a doctnnent so long as the rbrage does no; egu the notary to do so nedh ng that is illegal for a notam Calfomr (i.e. eerhlYtng rht authorized opacity of the signer). Please thee);the (Title or description of attached document corm ed) do vial))for proper norm al mg rg and attach th fo if required. Number of Pages Document Date State and Co my nformation must be the Stale nd County whe the document signer(s)personally appeared before the notary public fo cknowledgmenL Date of notarization must be the dale that the signer(s)personally appeared vhech must also be the same date the ackn vledgment is omplemd (Additional informed n) The notary public must print his or he name as it appears vithin his or her eommisst folio vcd by a comma and the yo title(notary public). Print the names) of document signer(s) vho personally appear at the time of ' otarizntion. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i c. helshe/Mey;-is/are)o ncling the orrect forms.Failu to correctly indicate the ❑ Individual(s) nformate may lead to rejection of document cording. ❑ Corporate Officer The otary seal impression must be clear and photographically reproducible Impression must of test li If at imp- smudges, -seal if a (Title) sufficient area permits,othensis°complete diffe nt eknowtedgrnent form. ❑ Partner(s) Signatu of the otary publt must match the signature on Ole with the office of the my clerk. ❑ Attorney-in-Fact Additional nformation is not required but could help to ensure this ❑ Trustee(s) acknowledgment not me ed attached to a different document ❑ Other Indi ate title or type of attached document,numbe of pages and dale. Indi ate the capacity claimed by the mgner. If the claimed capacity is a corporate officer,Indi ate the title(i.e.CEO,CFO,Secretary) Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 wwss.NotaryClasses.cam