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Project 129 - Performance Bond - Paulus Engineering - 2009-07-23 ADMITTED BEST'S A-XV FAITHFUL PERFORMANCE BOND BOND NO 2090636 PREMIUM. $11 250 EXECUTED IN THREE COUNTERPARTS COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND (District Contract) KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS COSTA MESA SANITARY DISTRICT a California sanitary district, by minute order of the Board of Directors, adopted on JULY 23, 2009 has awarded to PAULUS ENGINEERING, INC NAME OF CONTRACTOR 2871 E CORONADO STREET ANAHEIM, CA 92806 ADDRESS OF CONTRACTOR hereinafter designated as the 'Principal' a Contract for the work described as follows: BRISTOL STREET SEWER REPLACEMENT-FROM AUTOPLEX TO BIRCH STREET CMSD 11129 JOB NAME AND JOB ADDRESS WHEREAS the said Principal is required under the terms of said Contract and Districts Operations Code Section 7 05 030 to furnish a bond for the faithful performance of said Contract, including a one-year guarantee of the work performed NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S PARKER ST #3800 ORANGE CA (NAME AND ADDRESS OF SURETY) 92868 duly authorized to transact business under the laws of the State of California, as Surety are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of SEVEN HUNDRED SEVENTY-FIVE THOUSAND FORTY-EIGHT & NO/100 S Dollars ($ 775,048 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 officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one-year guarantee on work performed after said work has been completed. 1 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 pay 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 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 3RD day of AUGUST 20 09 PRINCIPAL PAULUS ENGINEERING INC CONTRACTOR By Company Rehr:sentative 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 SURETY kORTH AMERICAN SPECIALTY INSURANCE COMPANY By ..� Company Represent RLES L FLAKE ATTORNEY-IN-FACT APPROVED AS TO FORM: By/s/ Alan R. Burns, District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 8 03 09 before me, Jan C Moran Notary Public Pa Here Ince t Name and Title of the Officer personally appeared Charles L Flake Name(s)of S,gner(s) 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 1 . . . . . . . ( which the person(s) acted, executed the instrument. JAN C. MORAN 0 � COMM. x1789359 (.9it('.d.r..+'r�yt NOTARY PUBLIC CALIFORNIAO I certify under PENALTY OF PERJURY under the laws 2 t,C Mwr ORANGE COUNTY 0 of the State of California that the foregoing paragraph is v4t1 COMM.EXPIRES FEB.17,2012 true and correct. WITNESS my hand and official seal. Signature C ^I,Nl4n Pla Notary Seal Abo Signatu of Notary Public OPTIONAL J C . Moran 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). 0 Corporate Officer—Title(s): ❑ Partner—U Limited ❑ General AIGHTT7UMBPAINT. ❑ Partner—❑ Limited ❑ General RIGHTtTHUMBPA NT ❑ Attorney in Fact 5 . OF SIGNER=`4 ❑Attorney in Fact ll'OF SIGNER-4V ❑ Trustee Top of thumb he p Trustee Top of thumb ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing. 02007 National Nctan rlS4Y]aV011.9350 Ce Soto Ave.,PO Box 2402•Chatsworth,CA 91313-2402•wwv Neaona'NO aryorg Item 45907 Reorde.CaSToLFr x1800-876-6827 .o...•bT, .iLc, •....,c+K -y, -b xssy\; t,c: .e'+':.:T.u,41,:nsr_itstia.rUr-if;1+:ririC.ASrPY4 gaS:"rS(.,...z.4.?f".. "'vi..*igekx'.—.it.-„i,..I:.. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and ha ng its principal office the City of Itasca,Illinois,each does hereby make,constitute and appoint. DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomev(s)-in-Fact,to make,execute,seal and deliver,for and a its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond of behalf of each of said Companies,as surety on contracts of suretyship as re may be emu ed or permitted by Im regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship exec 10.11 ode this uth ity shall exceed the amount of: TWENTY-FIVE MILLION(S25,000p00 00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the fnllot ing Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 21'a of March,2000: `RESOLVED,that any two of th Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President. the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney nar led in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and alt contracts of surety and that ch or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach the the seal of the Company and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney to iy edit-mate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facst ih ignatures or fat, fie seal shall be binding upon the Company vhe so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached ' l0ur 0 an 5 F”y, B ti0?�oavory es622�tE 5. SEAL :n= Sc P. Y P n i&cma ex a coin arW hack m ' at msma 3e, SEAL •ri- Ty Ip]3 w;n� &St Vi e Pmid f Na @ American Specblry In eCompanv a o: :m 1" 4: fr.lalYt.',4' WIPIDSfribr By boitm ina. P David M.Lavma ,Se- V Reside taf WA Nark " I eComp ny &vr ePres of North Amentan specialty lly a I eCompany IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, nd these presents to be signed by their authorized officers this 30th day of September 20 08 North American Specialty Insurance Company Nash igton International In ranee Company State of Illinois County of Du Page ss: On this 30t11 day of September 20 08,befor Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vi President of North Ame scar Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurane Company, personally known to me,who being by me duly sworn.acknowledged that they signed the above Powe of Attorney as ofE of and acknowledged said instrument to be the voluntary act and deed of their respect] om n OFFICIAL SERI: /sue- a,f q DONNA D SICLENS �'n� �a✓lpX6n,Q Notary PiNig Smote at Illinois Donna D.Sklens Notary Public My('ummi,skon 13pims 10/0612011 - w II Y I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washingtoi International Insurance Company do hereby certify that the above and foregoing tr id correct copy of a Power of Attorney gi by said North American Specialty Insurance Company and Washington International Insu anee Company which is still in full force and effect. IN WITNESS WHEREOF I have set ty hand and affixed the seals of the Companies this rd day of August 20 0 9 ran s A Carpenter,PI side It&Assistant Seer sty of Wash no Dna nal Insurance Company 8 Noah A can Specialty In ranee Co y fl{` r, da3±.G sb,J +C` d� i.Sa ^"a' h z .` ytN1, 'o {fi'7 e b 'e,+.. r.. a +,t/ 3.e..m9�.a.:' .�.1:a..,A-- s ...—J...,'�eu5.,..aa�- , :..�, .Y.c_.6' � c-wr�'S.w.....� r_s._ .e.-K/ '9 .. . ..._� �...-.m..u.r.?' ,�., .. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange On Aug. 3, 2009 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 t me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) 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. WITN S my hand and official seal. -o CYNTHIA J. VAlENC1A y ��� Commb>slon ♦ 177J�17 Notary Public California J `f'9f Orange County / " Carm.E+ tres0etl 1011 Signature of° otary Puhh/ (Notary Seal) • ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Faithful Pert Bond Title or description of attached dccament Individual Corporate Officer /Title Nut fiber of pages Document Date Partner Attorney-In-Fact Trustee Other Additional Informati PAYMENT BOND BOND NO 2090636 PREMIUM. INCLUDED IN PERFORMANCE BOND EXECUTED IN THREE COUNTERPARTS 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 JULY 23, 2009 has awarded to PAULUS ENGINEERING, INC. (NAME OF CONTRACTOR) 2871 E CORONADO STREET, ANAHEIM, CA 92806 (ADDRESS OF CONTRACTOR) hereinafter designated as the 'Principal' a contract for the work described as follows BRISTOL STREET SEWER REPLACEMENT-FROM AUTOPLEX TO BIRCH STREET CMSD #129 (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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S PARKER ST #3800 ORANGE CA (NAME AND ADDRESS OF SURETY) 92868 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 SEVEN HUNDRED SEVENTY-FIVE THOUSAND FORTY-EIGHT & NO/100 S Dollars ($ 775,048 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 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 3RD day of AUGUST 2009 CONTRACTOR PA US ENGINEERING INC By /s/ In accor nce 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 SURETY NORTH AMERICAN SPECIALTY INSURANCE COMPANY By 71) Company Represent e CHARLES L FLAKE ATTORNEY-IN-FACT APPROVED AS TO FORM: By /s/ Alan R. Burns District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rc-rc4ct erre-C'e ercrcrer'0O154c rr-rerec.ererererer neAer-..:r.= . .r.,r- -.r=nr:e,rep`.e rscr..�rmr-.C•4%c•;-e.�rcas State of California County of Orange J} On 8-03 09 before me, Jan C Moran Notary Public Oat Here Insert Name and Title of the Officer personally appeared Charles L Flake Name(s)of Sir r t(s) 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 ,�' '4,k JAN C. MORAN g I certify under PENALTY OF PERJURY under the laws Ua'> y COMM 41789349 of the State of California that the foregoing paragraph is (7"� � Hw NOTARY PUBLIC C.4 Fo. gkO true and correct. iWit.a. ORANGE COUNTY () v COMM.EXPIRES FEB.17,2012 i WITNESS my hand and official seal. Signature te I� elai ) Pla Notary Seal Abc Signatu of Notary Public OPTIONAL J C. Moran 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 -IG THUMePRU7T ❑ Partner—❑ Limited ❑ General RiGHr¢THUMBPRINr ❑ Attorney in Fact astOF SIGNER t- ❑Attorney in Fact iS 0F.SIGNER'r rt ❑ Trustee Top of thumb he ❑Trustee 'op or umo rte ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing: ®2007 Nalronal?iotary Assaiaoon•9350 De Soto Avg PO Bon 2402•Chatsvcrih,CA 91313-2402•www Natio alNotaryorg Item$5907 Re rde CaIlT011-Errs-800876-6827 .._.n.-_ .A,-.,_'•,�. :..._. .VrvKG,•A-s*� _si..,SIr.U.._ t-�1>..-,.X'�.:.,.,T,'ti! •V._.Y+fA+:;,F , �.. .:.;ln'.e».'et5 , _.d i NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY i I GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company a corporation duly organized and existing under laws of the State of New lampshire,and haul Ig its pr Ictpal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall ex ed the amount of: TWENTY-FIVE MILLION(S25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the follows ig Resolutions adopted by the Hoards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings dub'called and held on the 24th of March,2000: 'RESOLVED,that any two of the P esidents,any Managing Di ector,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be and ach or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, ndertakings and all contracts of surety and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach the in the seal of the Company. and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facst He signatures or facsimile seal shall be binding upon the Company vhe so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached. �snyu-purv`uoq ,{y�//}/�], py yak" e�APGY'L_ By t/r t'" ygggpte aRt'Y'iQ- _3 SEAL m- n P.An y P able t&Chief a,laths OM of W ahlagi Immo Os el In c Company `SEAL • � Ew•,'5r 1175 argm &5<n:u cPmldml°(Naar At rim spec&tY eCampany ∎F ;ter H'.... ate 19,( o • eet ammo` By �` yyk :a Dnid at.m.yme ,Semo V Preddm n i CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange On Aug. 3. 2009 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 t me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. :'� CYNTHIA J. VALENCIA WITN SS my hand and official seal. ,., Commlaalon r 1773127 L�� /-rs$ Notary Public Callfornlo J fJ'f Orange County _ J� Comm. OW 2011 Stgnatu &Jf Notary Pub 1? (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Labor and Material Bond Title or description of attached document Individual Corporate Officer /Title _ Nut fiber of pages D ocument Date Partner Attorney-In-Fact Trustee Other Additional Inforn m