Loading...
1994-0921_D.M. KISLING CONSTRUCTION_Performance Bond No. 135079700 00 Bond No. 1350797 Premium $ 611.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT WHEREAS, the Board of Directors of the CAPISTRANO VALLEY WATER DISTRICT by Minute Order at the meeting held the --�/ day of �Itf Te�Gbei 199, has awarded to: D. M. KISLING CONSTRUCTION ' hereinafter designated as the "Principal," a contract for the VIA CASCADA MAIN RELOCATION AND CALLE DORADO MAIN EXTENSION WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW THEREFORE, we the Principal and INSURANCE COMPANY OF THE WEST as Surety, are held firmly bound unto the CAPISTRANO VALLEY WATER DISTRICT hereinafter called the "Obligee," in the penal sum of TWENTY FOUR THOUSAND FOUR HUNDRED THIRTY FIVE AND NO/100 ------------ Dollars ($ 24,435.00--------------------- ) , lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assign, jointly and severally, and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above -bounden 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 the 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 -RPLCIMRDTQFLC\CNTRCMCNTRABDE.DOC B-21 PERFORMANCE BOND I OF 0 • 0 • their true intent and meaning, and shall indemnify and hold harmless the Obligee, the Obligee's Representative, the Engineer/ Architect and their consultants, and each of their officers, directors, agents and employees, as therein stipulated, this obligation shall become null and void, otherwise, it shall be and remain in full force and virtue inclusive of the entire contract guarantee period. 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 plans and specifications accompanying the same, shall in any wise affect its obligation 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 plans or specifications. Principal and Surety agree that if Obligee is required to engage the services of an attorney(s) in connection with the enforcement of this bond, each shall also pay obligees reasonable attorney(s) fees incurred with or without suit. IN WITNESS WHEREOF, four (4)counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the 28TH day of SEPTEMBER , 19 94 ict Coifnsel) I6/ZV4k/ --RPLCWUtDTHFLC1CNTRCT\CNTRABDE.DOC B-22 PERFORMANCE BOND 2 OF 5 00 (Attach Acknowledgment) (Seal) ISO D. M. KISLING CONSTRUCTION PRINCIP L By DAVID M. KISLING Title PRESIDENT Any claims under this bond may be addressed to: INSURANCE COMPANY OF THE WEST (Name and address of Surety) 1111 E. KATELLA AVENUE, SUITE 250 ORANGE, CA 92667 WILLIS CORROON OF ORANGE COUNTY if 1551 N. TUSTIN AVENUE. SUITE 1000 SANTA ANA. CA 92701 (714)633-9640 (714)953-9521 (Attach Acknowledgment) (Seal) NOTICE: (Name and address of agent or representative in California, different from above) (Telephone number of Surety and agent or representative in California) INSURANCE COMPANY OF THE WEST SURE ,J By &a/w, _ JNA BEAUDRY Title ATTORNEY-IN-FACT No substitution or revision to this bond form will be accepted. Surety companies executing bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. -RPLCIMRDTDFLC\CNTRCT\CNTRARDE.DOC B-23 PERFORMANCE BOND 3 OF 5 0 • 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On 9/9RIQL before me, J.K. CUNNINGHAM Notary Public Date personally appeared JANINA BEAUDRY Name of Signer(s) Opersonally known to me - OR - ❑ 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 hie/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)or the J. K. CUNNINGHAM If entity upon behalf of which the person(s) acted, 04 o <� NA COMM. #970862 `z executed the instrument. NOTARY PUBLIC - CALIFORNIA 0O ORANGE COUNTY 1\y WITNESS my hand and official seal. MY COMMISSION EXPIRES SEP. 30, 1996 Ii 'gnature of No Though the data below is not required by law, it may prove valuable to penom mlying on the document and could prevent fnudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TITLE($) PARTNERS(S) ❑ LIMITED ❑ GENERAL G�ATTORNEY-IN-FACT TRUSTEE(S) U GUARDIAN/CONSERVATOR ❑ OTHER• SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTLTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TILE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 0 • 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On�6:2715>:L before me, J.K. CUNNINGHAM Notary Public Date personally appeared DAVID M. KISLING Name of Signer(s) O personally known to me - OR -roved J. K. CU1 7 NGHAM IF o m COMM. #970862 NOTARY PUBLIC - CALIFORNIA aO ORANGE COUNTY IV it MY COMMISSION EXPIRES SEP. 30, 1996 I� 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 signatures) on the instrument the person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and,official seal. Signature of Nota Though the data below is not =qui=d by law, it may prove valuable to persons =lying on the dxumem and could pmeM fnudulem teanachmem of this forth. CAPACITY CLAIMED BY SIGNER O INDIVIDUAL CORPORATE OFFICER TIILE(S) O PARTNERS(S) O LIMITED O GENERAL [:]ATTORNEY-IN-FACT O TRUSTEE(S) O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTn'Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TIPLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE