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Project 187 - Bond - Wright Constructors - 2009-08-27 (2) "Admitted Best's A-XV" PAYMENT BOND BC ND NO 0 297°1 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 August 27, 2009 has awarded to Hp. rd S Yr nht Cons nt,. LP (NAME OF CONTRACTOR) 2121 Alton Parkway Suite 150-A Irvine CA 92606 (ADDRESS OF CONTRACTOR) her er after des:gnatedd as the 'P''nc:pal' a cont-act for the work described as follo• 's. Costa Mesa Sanitation District Corporate Yard New Building & Site Improvements (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 Fidelity and Deposit Company of Maryland P 0. Box 301 Oct:- 11 WA 98041-3012 (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 Two Million One Hundred Sixty One Thousand Five Hundred Forty Six & No/100 Dollars (6 2,161 546.00 ), said sum toeing not iess than one hundred c1 007o) peruCiit 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 inintly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his suH'on`rsoto"S or th.e heirs oyarutors ar'Hmin'=t"atnr5 cucneosors nr as igns thereof shall fail to pay any of the persons named in Section 3181 of the Ci""il 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 wurk 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 006 �,Oiv i r�r1CTCiR and his subcontractors pursuant to Seuiiun ibuUO OT 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 a' - n �. the court. This bond shall inure the pay a casCi iav'Ic attorneys fee to be •=d b• aforesaid Civil Code Section to the benefit of any and all named in the ction 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 chance eAt-trsion of time at;on Vi modticatioi of the contract documents or o f 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 ___ Periy authenticated power of attorney must be submitted and ° Pi� day of IN WIT, .S W -EOF we have hereunto set our hands and seals this y 20_ CONTRACTOR By Gane4 es C Constance CFO In accordance with the Contract described above all bonds shall be issued by an a•mitted 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 belch Surety certifies that yi le bvi,l.i$ a;ie issued by admitted surety SURETY Fica_ity -no uepc, t Cumpany of iaiyian By jj 1 4 �v Compa y Representative Ju1'a M. Glover Attorney-in-Fact APPROVED TO�j FORM By is/ Alan R. Burns District Counsel Costa Mesa Sanitary District 2 e H®w °? S.Wv �' nt ti onst actors y ALL PURPOSE ACKNOWLEDGEMENT State of Oregon County of Multnomah I certify that I know or have satisfactory evidence that James C. Constance is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it is as the CFO of Howard S. Wri2ht Constructors, LP to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated. o (Notary Seal) Signature ni/ia,4 ' .�'`*• OFFICIAL SEAL ��"" ALISON J KLINK Title: ��/i /, NOTARY PUBLIC-OREGON MY COMMISSION}WIRES AUGUST 1532013 a l My Appointment Expires: 7a /51 /, ATTORNEY-IN-FACT ACKNOWLEDGEMENT STATE UP VA ashmston ) ) ss: COUNTY OF Kin,_ ) On this day of before me, the undersigned, a Notary Public in and for the said State, personally appeared Julie M. Glover known to me to be the Attorney-In-Fact for Fidelity and Deposit Company of Maryland whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same. & - di 47 "� NO AR 11/.LIC Darlene P Jakielski Notary Public • • Mate of\Washington • DARLENE P JAKIELSKI My commission expires 4/6/2013 ' MY COMMISSION EXPIRES ' • April06 2013 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 FRANK E. MARTIN JR. Vice President. and GREGORY E. MURRAY Assistant Secretary in pursuance of authority _ranted by Article VI. Section-, of the By-Laws of said 'tnl{ ny which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dale''� / 6x-hereby nominate, constitute and appoint Nancy J. OSBORNE Darlene JAKIELSKI,Ju ' M : \)�rarand`4a A. LAMB,all of Bothell,Washington, EACH its true and lawful agent and t na u d deliver, for,and on its behalf as surety and as as act and deed: any an -nll n d ( xecution of such bonds or undertakings in pursuance of these preset IN��,4774.iti in° cpT i y as fully and amply to all intents and purposes. as if they had heen d 6 Lnd'atl:n let h&-Marty elected officers of the Company at its office in Baltimore, Md. i cl p t Yper nt FL wLlPcrl attorney revokes that issued on behalf of Nancy J OSBORNE. Darlen �' KL�`. l t'R, V iki BAUM,Theresa A. LAMB.dated February 14. 2006. 4 The said Assistant era xjttirres erehy certify that the extract set Birth on the reverse side hereof is a true copy of Article VI. Section 2,of the By-Ls'f'aid Company and is now in force. IN WITNESS WHEREOF 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 23rd day of May A.D 2007 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND t �e`a���/- d� t O( T. MO yil u. :-t 7 1 4 wn,. 1 ° By Gregory E. Murray Assistant Secretary Frank E. Martin Jr Vice President State,of Maryland ss. Baltimore County On this 23rd day of May A.D 2007 before the subscriber a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR. Vice President. and GREGORY E MURRAY Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to he the individuals and officers described in and who executed the preceding instrument. and they each auknowledeed the execution of thu same. and bein_, 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 siimatures 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. iA t :u+.; c. Yw. I s..r S -V, __. i ;;;;S- Dennis R. Hayden Notary Public My Commission Expires. February I 201 POA-F 180-2466A 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 hoods, undertaking recoenizances, 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 foregoinc Power of Attorney is still in full force and effect on the date of this certificate, and 1 do further certify that the Vice-President who executed the said Power of Attorney was one or 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 he signed by facsimile under and by authority of the followin_ resolution of the Board of Directors of the FIDELITY 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 appea in_ upon a certified copy ul any power of attorney issued by the Company shall he valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscrihed my name and affixed the corporate seal of the said Company this day of •.A its to it Si PNn'