19-0115_SANCON ENGINEERING, INC_Perf Bond No. 1069452 00 61 13- BOND FORMS
1.1 Performance Bond. NO. 1069452
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as"City")has awarded
toSAN('ON TE('IINOLOGIES, INC, (hereinafter referred to as the "Contractor") an agreement for
Contract No. 18701, (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated .IAN. is, 2019 , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
*SANCON TECIINOLOGIICS, INC.
NOW, THEREFORE, we, * , the undersigned Contractor and
IIANOVE12 INSURANCE COMPANY as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ** DOLLARS,
($ ** ), said sum being not less than one hundred percent(100%)of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents. **EIGHT IIINIREJ) FORTY b'ODU rFIIO('SAND, FOUR 111 NI)REI) EIGHTY NINE I)OLARS
($844,481.00)
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, 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 Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney's
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section (I
337.15.
Sewer Rehabilitation Program, CIP 18701 -42- 00 61 13—BOND FORMS
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The 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 Project 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 Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Sewer Rehabilitation Program, CIP 18701 -43- 00 61 13-BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23RD day of
JAN., 20151 , 20_
(Corporate Seal) SANCON TECHNOLOGIES, INC.
Contrac or/ P ' al
By
Title C hIAGI P tf5o .S - 'Pry.5 i(AA.4(Corporate
—(Corporate Seal) HANOVER INSURANCE COMPANY
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title MICIIAEL R. LANGAN, ATTORNEY IN FACT
The rate of premium on this bond is 51.9 8.1 /PER `iber thousand. The total amount of premium
charges is $ 7,740.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to: f;
(Name and Address of Surety) HANOVER INSURANCE COMPANY
i MUTTON CENTRE DRIVE, #1000
SANTA ANA, ('A 92707
(Name and Address of Agent or SAME
Representative for service of
process in California, if different
from above)
(Telephone number of Surety 714-415-3808
and Agent or Representative for
service of process in California)
Sewer Rehabilitation Program, CIP 18701 -44- 00 61 13—BOND FORMS
A
• ( A notary public or other officer aompieliEg this 1
certfficate verhes ordy the iciest*/of the inffiviclual
who signed the document to vetch this certificate is
attached,and not the trothigrhess,accuracy,or
validity of that document_
Stale,may f Las Angeles
o ! r j`�, Z - before me, NEVINE F , AYAD, NOTARY PUBLIC
(insert carne and title oft*officer)
PersonalY aPPeared blchael R.Langan
who proved to me on the basis of dory evidence is be the person whose namrne(S)ism
subscribed to the wain ins'triaitent and acknowledged to me that he/ executed the same in
his/bee/mar authorized capes,and that by theses sigria on the instrument the
per,or the entity upon behatf of which the person)fid,executed d the insiniffieft
certiTy under-PENALTY OF PERJURY under the laws cif tie State of Cama that the foregoing
paragraph true and correct
NEVINE F.AYAD
WITNESS my hared and s seal ', * '- COMM.#2024775 m
•.t,�. NotaryPublic-Ca l domia�,
r.'"}I LOS ANGELES COUNTY is
q " TMy Cann.EOct 24,2020
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THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing
under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws
of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint,
Michael R.Langan
Of Michael Rushing Langan of Pasadena, CA each individually, if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,
execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds,
recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in
pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the
Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to
bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said
Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,
any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to
attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted
and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted
September 7,2001—Citizens Insurance Company of America)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 23`d day
of August,2018.
The Hanover Insurance Company The Hanover Insurance Company
Massachusetts Bay Insu(rance Company r+ Massachusetts Bay Insurance Company
Citizens Insurance Com any of America
41'):1C9),;> Citizens Insurance Company of America
• t BEAL tare
1rQ {tC tfi
, 111:111John C.Roche,EVP andPresident James H.Kawiecki,Vice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER )ss.
On this 23'd day of August,2018 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance
Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and
Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
OIAN[.1. MARINO •
Net.ry r„eMs
afideftt.•
Co�lulee*Meir Diane 1..V io.Notary Public
.. My Corrvmssion E!cpires March 4.2022
I,the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of
America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do
hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 23rd day of JANUARY 2019
CERTIFIED COPY
_theffte, to
Theodore G.Martinez.Viet hisideat.�
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On January 25, 2019 before me, C.Vizcarra, A Notary Public
(insert name and title of the officer)
personally appeared Chuck Parsons
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/#e+/their authorized capacity(+es), 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
C.VIZCARRA66
�=. COMM. #21943 s
Notary Public•CaWornsa
WITNESS my hand and official seal. _fir r, Orange County °
Comm.braes Oct.30 2020
Signature (1 / l,AiL/ci (Seal)