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Bond - Charles King Co. Inc. - 2012-08-20$2719.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 024047189 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on August 4, 2012 has awarded to Charles King Co., Inc. 2841 Gardena Avenue Signal Hill, CA 90755 hereinafter designated as the "Principal', Contract No. CMSD #192 for the work described as follows: SYSTEM WIDE SEWER RECONSTRUCTION- PHASE II. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, the said Principal is required under the terms of said Contract 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 First National Insurance Company of America - 790 The City Dr., South, 1200. Oranee, CA 92868 (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 Hundred Eighty Eight Thousand, Eight Hundred Twenty -five 00/100 Dollars ($188,825.00), said sum being not less than one hundred (100°/x) 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 burdened 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 offices 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. 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 20 reasonable attorneys' fees as fixed by the court. 21 FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 024047189 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 Documents or to the work to be performed thereunder 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 Documents or to the work. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 6th day of August 2012. Charles King Company, Inc. Contractor Name 2841 Gardena Ave. Street Address Signal Hill, CA 90755 City, State, Zip Code PRINCIPA j s King Company, Inc. By: Com epr en` — Debra K. King — President /Corp. Secretary In accordance with the Contract for CMSD PROJECT #192, SYSTEM WIDE SEWER RECONSTRUCTION- PHASE il, 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 an admitted surety. First National Insurance Company of America Name 790 The City Dr., South, 1200 Street Address Orange, CA 92868 City, State, Zip Code SURETY : First National ZK.le Company of America By: Company Representative — Le — Attorney in Fact APP /V���TYORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District - 22 r� California All- Purpose Acknowledgement State of California } County of Los Angeles On / / (�. before me, personally Debra Kin �,�j1��111N 1l911pfppp 1pp� Notary Public Seal Description of Attached Document Sarah Criscuolo , a Notary Public who proved to me on the basis of satisfactory evidence to be the person(X whose name(§ is /aX subscribed to the within instrument and acknowledged to me that X/ she/t executed the same in lXs/her/tX& authorized capacity(iK), and that by 4i�/her /thXr signature(A on the instrument the person( ,X, 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. WITNESS my hand and official seal. Notary Public Signature Title or Type of Document: �1 l � f & Imo' YI (/U/1 G-f � OYt y{ Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) D Individual W Corporate Officer: Pres./ Sec /. Tres. ❑ Partner - D Limited D General D Attorney -in -Fact D Trustee • Guardian or Conservator • Other: Signer is Representing: OPTIONAL D Individual D Corporate Officer: D Partner - D Limited D General D Attorney -in -Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: CALIFORNIA • ACKNOWLEDGMENT zavay. �ay.��..a��s�v^�_1.G= 'aCS�v.��. sa�,'�1.v ? 1. 1`�'t�� � qCr� '.v.*�L�'�`v^�.�'av'�,..�v'!��u �v.� .� cu'�R�v v.��. �� .. �v✓TV.�v� State of California County of Orange On ` 0 G before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle Nan e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name isYsubscribed to the within instrument and acknowledged to me that MARY MARTIGNONI he75 executed the same in hi authorized 06 COMM. # 1947853 z Lclp.3clyod and that by hiss signature04 on the Z_ - NOTARY PUBLIC -CALIFORNIA instrument the person, Or the entity upon behalf Of lit ORANGE COUNTY which the person acted, executed the instrument. My Comm. Expires Sept. 9, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat r Place Notary Seat Above Signat a of N Lary Public 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: Les M. Mantle ❑ Individual • Corporate Officer — Title(s): ^ • Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: First National Insurance Company of America RIGHTTHUMBP81NT. OF SIGNER lop of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT - OF SIGNER . •• of thumb here ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.Natioro Notaryorg Item #5907 Reorder: cap To fl-Free 1-800.876 -6827 vw �S3,Ud e pksseiuisn'wAu lot!,V. 1puyq`we� e mv, �e .......... 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Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. 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 790 The City Drive, South, #200 First National Insurance Company of America — Orange, CA 92868 (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 Hundred Eighty - Eight Thousand Eight Hundred Twenty Five Dollars ($188.825.00), 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 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 16 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. 17 PAYMENT BOND PAGE 2 Bond No. 024047189 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 6th day of August 2012. Charles King Company, Inc. Contractor Name 2841 Gardena Ave. Street Address Signal Hill, CA 90755 City, State, Zip Code PRINCIPAL Vtees_Kinqg Company, Inc. By: Company presen - Debra K. King - President /Corp. Secretary In accordance with the Contract for CMSD PROJECT #192. SYSTEM WIDE SEWER RECONSTRUCTION- PHASE II, 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 an admitted surety. First National Insurance Company of America Name 790 The City Dr., South, 1200 Street Address Orange, CA 92868 City, State, Zip Code SURETY = First National Insura a Company of America By: 2�- Company Representative - Les M. Mantle - Attorney in Fact APPR V A O F M: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District 18 w r By /s/ WF'] California All- Purpose Acknowledgement State of California } County of Los Angeles On e / ?) Im before me, Sarah Criscuolo personally Debra Ki �v�i of :�t� �lv Notary Public Seal Description of Attached Document a Notary Public who proved to me on the basis of satisfactory evidence to be the person(X whose name( is /aX subscribed to the within instrument and acknowledged to me that D(/ she /tM executed the same in fXs /her /t) authorized capacity(A), and that by lXs /her /thXr signature(A on the instrument the person( $(, or the entity upon behalf of which the person(M acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AMAKI.� Notary Public Signature Title or Type of Document: La io w MA kl,+ef i of I T✓ eYt d Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ,lip Corporate Officer: Pres./ Sec /. Tres: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL Q Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited Li General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE • �v. ��.. �a` �s�� ..s�>,''s�..��n�+au.- a�v.�.�v .'� >d.."•'�y'a..��.v+^�a� ��v'�. a� `vr�a'k'aa'r��v"!�,.'� '1v..� s���a'�c��.,�1.. �� �� .t R��,..�v� - State of California County of Orange On 6O _ x `�) before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the officer personally appeared Les M. Mantle Name(s) of Signer(s) 00-1-A-ft Am MARY MARTIGNONI COMM. # 1947853 z ' m NOTARY PUBLIC - CALIFORNIAN ? ORANGE COUNTY My Comm. Expires Sept. 9, 2015 who proved to me on the basis of satisfactory evidence to be the persono whose name�;j ism subscribed to the within instrument and acknowledged to me that helsh6_AWaj executed the same in his,/l*V*h6r authorized capacity and that by hiss signature$ on the instrument the person or the entity upon behalf of which the person ,K 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. WITNESS my hand and official seal. Signatur Place Notary Seal Above - Signa re o tary Public OPTIONAL Though the information below is not required by law, R 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual ■ ■ ■ ■ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: First National Insurance Company of America RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER. Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 31 3 -2402 - www.Natma(Notary org Item #5907 Reorder. Call Toll-Free 1.800-876 -6827 s IS N NOTfVALID UNLESS ITjS PRINTED ON RED-BACKGROUND' v 53 °0.622 �✓�V This Powerof Att`rney.limitsae actsofithose named herem; ^an`d -theyf ave,no authontyto bmd the Company'except m the,m�anner and to the eztent;he[eih stated: !;, \lam`. v���f ✓� v �• -'mil r - ^✓ : -.- '�.1� -,�`J --� ;.-� �::�-^.� �,,✓-•; /� �- - ✓`✓�Certifcate No-= ti- %:� ��- _ r _ l _�� First National In = surance Compan of Amen _ ...,�..� ✓-vim ;� .��. = -!' = �'� --�✓�� - 1�, =_ �` � eneralinsuran yofAmenca- - n Safeco:Insurance Company ofAmenca ca POWER OFATTORNEY - �- = KNOWWAWPERSONS =BY THESE PRESENTS:�That First National Insurance Com an "�of America; General�Ihsurance -Com an of- America; and -Safe o Insurance;Com an of Amer^ are corporationsdulyvorgan2ed u de the laws;ofth^e`State f New fiampshire_(herem collectively called the = Companies) pursuant =to and, by; authority- hereinset,fo-th, -does --1 - thereby name constitute and appoint fLES M MANTLE; RYAN S MANTLE �' ✓^ J...ti;. � .'-._. ._.�.. �... ....,��-;.............,,� ..�i ................................... '-ti:� -�._• r all.of•the_citv:of ULLERr °oN� -� - .✓�- f� v a _ _ . StatB:ofaCACIFORNIA -� �%parh.individiially iffhara hamn�otfian nno n�mcri =lthereto.this� is 5 clay";of. nprll v , c ° ✓�\ v JQ p °T 91 � cow °k 4 "^ i�,J °^ 1 ^ r r - / _- r v ��rSt NationaLlhsurance Company.of,America ^`i ^: I92 1 _ 923 g x-99 5 'I � � - - General) lnsu rice Compa "ny o � � � � ,. _ fAmenca, �r _ Safe ✓✓nsu ance_Gompany�oAmenca l tn. erg ry� a e port Assistant Secretary�M O �. ✓' _ �- i ,../^ � ✓,,�/' �J�"'�.1� v +r: STATEiOF WASHINGT N ss = - ✓�' _ ` ^� �✓ ✓- ✓ _ 1 �, l�� ea: COUNTY ORKING - �,- L,..� ✓���,,,,^✓,= i; ' _ _ ;�:` �--� = `_' %= � = -'� ,i " _`_ = �. -�✓i_;�.��. eta, ;'a��: � .-'_� -� ✓�� ,, _" mi=l- _ � �� ,-� � ._ � _ . �, �:� -�i- ✓��- -� ESS:WHEREOF I have hereunto subscntied my name and affixed my notanafseal at Seattle Washington on the day andyear- firsYabove written �= blic ant to th\ Bylaws of the Company authorizes Gregory W Davenport�Assistant Secretary= to= appoiht`such= 4- eh: akev.execute; seal; acknowledge: and' deliver- asaurety ;any�and,all_undeitakings twnn ecogniza cn es.,nd: - r CJ Tom. - �� v �✓ . ✓ �� - irs the Company consents that facsimile or mechanically r produced lgnature of any assJstant sec et ry ✓ r of attorney issuedsby the_ Compan�mvconnection� with surety- tion8s; shall be valid and biding upon ^ - � -- .- ��°rti^ �...��- �`� ��'-'� r �.s� f✓-�.. _ice:%,,, _. -�°a - bth day A st 20� 2_- � �✓� ice= my:hand:and affixed the seals ofsaid Companies-this day of _Carey,, . ssistantiSecreta - J!:- - = �'`�: -1�,'r �- \jl/-�� r -` - �;-•, /r i- vim. /� ✓" "�/