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Project 168 - Bond - Vadnais - 2007-06-14 (2) PAYMENT BOND BOND NO SU5023528 Premium. Included in cost of performance 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 June 14 2007 has awarded to Vadnias Corporation (NAME OF CONTRACTOR) 2130 La Mirada Vista CA 92081 (ADDRESS OF CONTRACTOR) hereinafter designated as the 'Principal' a contract for the work described as follows. Project # 168 Irvine Pumping Station Relocation (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 Arch Insurance Company 135 N Los Robles Ave Ste 825 Pasadena CA 91101 (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 One Million Seven Hundred Fifteen Thousand Eight Hundred Seventy Five* Dollars ($1 715 875 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. *and No/100 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 25th day of June 2007 CONTRACTOR Vadnais\Corporation Ci By /s/ J Jeff Anderson, Vice President 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 SUR " arch Insurance Company BY ALL 1St Company "esresentative Janina Monroe Attorney-in-Fact APPRO ED E 5/10 FORM: By /s/ r , Alan R. Burns, District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT coiiiiiiiiiii/iliiiil iiil iix—i iiiiiiitiiii ii��iiiiiiiiiii/lirritiiiiiiiii z State of California County of Orange 5 On 2 J 2001 before me, Melissa A. Covarrubias, Notary Public ` Name and Tree of(Aber(ey 'Jane Doe Notary Pun ') personally appeared Janina Monroe 1` Nam.*of swnuk) ® personalty known to me- OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) 1 whose name(s)is/are subscribed to the within Instrument S and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les),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, . MELISSA A. COVARRUBLAS executed the instrument. ,. 1 .♦ ommissbn C 1562658 �1I1.= C t`q '•2! Notary Attic Colitonuo {z WITNESS my hand and official seal. S-rj Orange Cagily - SI MyCorTm.Exples Ma 22.2009 a 1 kSignature of Notary Public OPTIONAL 1 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 o Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: kCapacity(es)Claimed by Signer(s) S o Signer's Name: Janina Monroe Signer's Name: ❑ Individual 0 Individual ❑Corporate Officer ❑Corporate Officer 0 1 1 ❑Title(s): ❑Title(s): ❑Partner—❑ Limited ❑General ❑ Partner—D Limited ❑General S ®Attorney-in-Fact ❑Attorney-in-Fact S ❑Trustee ❑Trustee 1 ❑Guardian or Conservator RIG OF SIGNER INT ❑Guardian or Conservator RIGHT THUMBPRINT OF SIGNER ❑Other Top of thumb here ❑Other Top of thumb here Signer Is Representing: Signer Is Representing: 80-1133 9/97