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1995-1026_BRONGO CONSTRUCTION_Bond Letter CITY i MEMBERS OCOLENECAM BELL C ATTH CAMPBELL GLUT HART mf incorrornlc CAROLYNS oe10 1961 cAROLVN rush 1776 DAVID SWERDLIN • + • CITY MANAGER " GEORGESCARBOROUGH October 26, 1995 Brongo Construction Attention: Len Brongo 33159-D Camino Capistrano San Juan Capistrano, CA 92675 Re: River Street Drainage Improvements, CIP No. 145 Dear Mr. Brongo: As we discussed, please submit project Performance Bond and Labor and Materials Bond on the enclosed forms. The bonds previously submitted are also enclosed. V truly yours, Brian Per ry Senior CBP:ssg enclosur cc: Dawn Schanderl L�- brian\10-26riv.let 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 • • Bond No. B95-013078 Premium $350.00 Final premium based on final contract price. ULICO CASUALTY COMPANY CONTRACT BOND-PERFORMANCE- CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That BRONGO CONSTRUCTION as Principal, and the ULICO CASUALTY COMPANY, a Delaware corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum Of FOURTEEN THOUSAND AND NO/100 --------------------------------- ----------------------------------------------------------- Dollars l$ 14.000.00--- 1, for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal has entered into a contract, dated OCTOBER 18 , 19 95 , with the Obligee to do and perform the following work to-wit: RIVER STREET DRAINAGE IMPROVEMENTS NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void, otherwise to remain in full force and effect. Signed and sealed this 18TH day of OCTOBER, 1995. BRONGO CONSTRUCTION // (Sea[) ULIC U P B W. MbrLANEN, Attomce in-f�t 501 9/95 . Bond No. B95-013078 Premium: INCLUDED Final Premium based on final coniract price. ULICO CASUALTY COMPANY CONTRACT BOND - PAYMENT-CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: that BRONGO CONSTRUCTION as Principal, and the ULICO CASUALTY COMPANY, a Delaware corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of FOURTEEN THOUSAND AND NO/100-------------------------------- -------------------------------------------------------- Dollars 1$14,000.00---- ), for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the 18TH day of OCTOBER , 1995 , entered into a contract with the Obligee for RIVER STREET DRAINAGE IMPROVEMETNS NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 18TH day of OCTOBER 1995 PRINCIPAL: STRUCTIO By Title Leonard BroPresident ULI MANY 5029/95 E MO Attorney-in-raft CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On OCTOBER 18, 1995 before me, J.K. CUNNINGHAM Notary Public Date Notary personally appeared JAMES W. MOILANEN Name of Sipa(a) impersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose the person(s) whose name(s) istare 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 "Ill the person(s) or the entity upon behalf of which the person(s)acted, executed the -;` J. K. CUNfiIPIGi!A.fv! i instrument. cl' ' " ` COMM. #970362 L^..: C�:,EORWAp WITNESS my hand and official seal. ORAiV_�E COUNTY N MY G")L.;!'"!^N C(P14ES SEP. 30, 1996 , SiWature of Notary Though the dtabelow y not rrywrd by law,it may prove valuable to paaoos ml)iry on the docurnrnt and could prwmt fnduleM tewachmmt of this fa CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLES(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES Rb{pTTORNEY-lN,FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of ORANGE On OCTOBER 18, 1995 before me, J.K. CUNNINGHAM Notary Public Data Notary personally appeared JAMES W. MOILANEN Name of Siper(s) J5,tersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose 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 J. K. CU ;I;iGFiAM f instrument. C0'0 ,1. ; 970362 alp v� WITNESS my hand and official seal. MY 30. 1996 Si cure of Notary >:,...,...: . ...::.:.:.:.:....:..:.::......:.,>,,:...,.>.....v'v-<a...ou:o.'a:`W:9Y:"2:9'4:':.:c»:v.','".';:9:.9.{:<.:>:>:.� NO NO IN cY°ist�OA- Though the duo below is not required by law,it may prove valuable to pe,aaru relying on the dmwtwtt and could prevent frwdalera eeatiwb a or this ram CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL(S) (] CORPORATE OFFICERS) TITLES(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 5dwroRNEY-IN-FACr• ❑ TRUSTEE(S) C1 GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ULICO 0 CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington,DC 20001 • ' 4 053 POWER OFATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors o/the Corporation effective on the 28th day o/January, 1993: RESOLVED: 'That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-0/-Attorney,qualifying the attorney named in the Powersof-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business.' RESOLVED: 'That the signatures and attestations of such officers and the seal o/the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached.' This Power of Attorney is signed and seated in facsimile under and by the authority o/the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: lames W. Moilanen, Mike Parizino, Margareta T. Hierl, Mechelle Hua, Judith K. Cunningham, and John M. Garrett of Willis Corroon Corporation of Orange County, in Santa Ana, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION($3,000,000.00)DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 27th day of July 1995. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. UficO Casalty CO y ALTy °, e District of Columbia ss: SEAL J 1'�o LIZ 1 ss /� Robert A.Georgina,Chairman and Chief x utive Officer On this 27th day of July 1995, before the subscriber,a Notary Pub Mc of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. u 'i�NOTAR PUBLIC, eBy.l p A Notary Pubic tty Brown Alsobtook>< �d My Commission Expires: CERTIFICATION Yy nnssioe Eximme April 14, 1999 1,Joseph A. Carabillo,Assfstznt Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are we and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,have hereunto set my hand and affixed the se LQf the corporation this 18TH dy f OCTOBER - 199 . �, PPaq` r' O 4� lF 9 1 SEAL )g By: Carabillo, t ec \\ e[=WSP UCB-102•POAI(09/94) ' PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and hereinafter called SURETY, are held and firmly bound unto the City of San Tuan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety wanes whatever !egal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that. 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shail be included costs and reasonable expenses and fees, including reasonable attamey's fees, incurred by City in successfully enforcing such obligation, to be taxed as costs and included in any judgment rendered. PB-1 Z. Said Surety, for value receivelpereby stipulates and agrees tnat -o change, extensibof time, alteration, or modification of the contract doctanents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, aiterauon, :r modification of the contract documents or of work to be performed thereunder. Executed this day of 19 at California. APPROVED AS TO FOR.'At (NOTARIZATION AND SEAL) jQ1 City Attorney (NOTARIZATION AND SEAL) Page 2 - PERFORMANCE BOND PB-2 LABOR AND MATERIALS BOND • KNOW ALL !AEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. hereinafter designated as "Principal", a contract for and _ WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety or this bond will pay the same. NOW, THEREFORE, we Principal, and as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for 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, i1 said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail p pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division i, Chapter 3 of the Government Code of California as amended, :hat the Surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit .s 5rought upon the bond, a reasonable attorneys fee to be fixed by the court. This bond LM-1 shall inure to the benefit of any and all persons, companies and corporations entitled tJ file claims under�d act, so as to give a right of !on to them or their assigns to any suit brought upon tt s; bond. 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 an this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurredby by City in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for ail purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the day of . 19 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL BY SURETY By APPROVED AS TO FOR 24jel CITY ATTORNEY Page Z - Labor dt Materials Bond LK-2