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Project 129 - Payment Bond - Paulus Engineering - 2009-08-03 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 CA868 (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 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 ULUS ENGINEERING INC By /s/ 1111.-/ In ac o dance with the Contract described above, all bonds shall be issued by an admitted sur-ty 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 Sill•TY INSURANCE COMPANY By cwy4 an P Y Com Represenc 'LES L. FLAKE ATTORNEY-IN-FACT APPROVED AS TO FORM: By /s/ £ Lc4-*ti Alan R. Burns, District Counsel Costa Mesa Sanitary District 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4£ ::C l'S:rc pea ccC.-R£'GY'i('.F-r•S`-" '.G"-o2M.q(�K'.e5)G<---ti�-G<'•c('.G°.c:C'�v Mi 5�"'GG°<Gf.'.r4'<'-C>C -vG :4':'�^^."_�'�3. State of California County of Orange On 8 03 09 before me, Jan C Moran Notary Public pal Here Insert Name and Title •I t'e Carer personally appeared Charles L Flake Name(s)of Sym e;(sl 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. to ., ,. a' .�n��, JAN C. MORAN I certify under PENALTY OF PERJURY under the laws () .� �s COMM #1789349 (9M'*,sbriy NOTARY PUBLIC CALIFORNIA 0 of the State of California that the foregoing paragraph is ❑ ar ORANGE COUNTY true and correct. v"vn.:+. comm.EXPIRES FEB.17,2012 WITNESS(((myy hand and official seal. Signature C. P's Notary Seal Ato Sgnal of Notary Pubic 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): C Partner—❑ Limited ❑ General RIGHTTHNMBPRiNF ❑ Partner—❑ Limited ❑ General RIGHLTHUMBERINT ❑ Attorney in Fact ..e.OE SIGNER:"C; ❑ Attorney in Fact -4-OF SIGNER.d'' Tap cf thumb he ❑Trustee Top of thumb he ❑ Trustee ❑ Guardian or Conservator Li Guardian or Conservator ❑ Other._ ❑Other Signer Is Representing: Signer Is Representing. C200I Fla 'L?z far Ass4 bo c.3002.' Lrc,t7 `r-c.±-N,`taXra Item rde Gall Fr t.+830-876.682 02007 rla anal Wary.AsSOoxbo •9300 De Soto as PO Lb 2a02•CYata.crai CP 91313-2402• Naito a No arycrg Item 99C Re rde all Tall Fr Ro0-876-682 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 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 ed tht amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March,2000: `RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary he,and rich or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsi He signatures facsunile seal shall be binding upon the Company vhen so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached. pplUaalliY Ib/ip yy++a+ 'mm'ye ?"Sg6erwzrro z By — ! ;a0 RtW�� y' SEAL :O St P.Antic oa,PrSJtat&Chad Eaccativ.Ome or'Radiant Inlet foul la um eCompnp 7l£' SEAL a;?� 'aft IW] yang. &&nior Via Prnidal of Notlh Anutiva Specialty last eCamping o m 4y4jlWt nn�ele„ By � & d *at+ 0,td Ai.Lryma,Senior Sin President oofWashiarl intrmafianaliawrun Comps &Vi a Pn.idnt of North Amman Specially lawman Company IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their author zed offi crs this 30th day of . September 200$ North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page Ss: On this 30th day of September 20 OS,before me a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman f Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company personally known to me,who being by me duly sworn,acknowledged that they signed the above Powe of Attorney as officers of and acknowledged said instrument to be the voluntary net and deed of their respective companies. "OFFICIAL DONNA P.SPAT' 'v- n DONNAD.SKLENS Notary wWa,Sale of Illinois Donna D.Sklens,Notary Public My Commission Bathes t WY2mt I, lames A Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company do hereby certify that the above and foregoing is a tr and correct copy of a Power of Attorney gl by said Nonh American Specialty Insurance Company and Washington International Insurance Company which is still in full force and effect. IN WITNESS WHEREOF I have set my hand and affixed the seals of the Companies this 3rd day of August 20 09 James A Grpnler,Vin Prevdent&An'sunt Smetary or Wuhmpoo mtemmind[mormaCompany& North Amerman Spemallylnsurmce Conpaoy -;`. .'i;.-' 4, 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. WI ESS my hand and official seal. CYNTHIA n J VALENCIA y �.�'L� Commission • 177427 ni Notary Public California y ne�:` `C„�1. Orange County I_ "'Comm.6cctresOd132011 I Signature if Notary tiet INotary Seal) V 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 Number ii pages Document Date Partner oc Attorney-In-Fact Trustee Other Addili al Intl ati