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05-1010_CALEX ENGINEERING COMPANY_Payment Bond # 9379479• Bond #: 6379479 Premium: included within Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Safeco Insurance C are held firmly bound unto the City of San Juan Capistrano, a 1 of orange. State of Califomia, hereinafter called the "Owner entity, organ¢ea and the sum of: as Surety, in the County One Million Eight Hundred & Eighty Four Thousand & 00/100 dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and Severely, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Wcrk as specified or indicated in the Contract Documents entitled: KRUM RESERVOIR PIPELINE REHABILITATION NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid overto the Employment Development Department from thewages ofemployees of the Contractor and its subcontractors pursuantto Section 13020 of the Unemployment Insu,ance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided thatthe persons, companies, or corporations so furnishing said materials, provislons, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said suretywlll pay the some in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either sale Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 10th day of October 2005 ConlractQivdQx EnqOserini Co. By yar ei Title Vice President Surety Safecojnsuragi mpany of America By Title Kevin Bogart, Attorney -in -Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORMPAYMENT BOND =2 11886 ATTACHMENT 5 0 Safeco , POWER OF ATTORNEY E Safeoo Insurance Companies PO Box 34526 Searle, WA 96124-1526 No. 13176 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ••""*'•"'••'"""'•"KEVIN S. BOGART; JAMES E. GUTMANN; SCOTT M. MILNE; DONALD L. WOOD; Tustin, Cfllifornia•"•`•""""`"""•****••'•"" Its true and lawful attomey(s)4n-Fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this day of STEPHANIE DALEY-WATSON, _SECRETARY MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2005 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Yce President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerof-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10th S-097411DS 4MS day of October 1 2005 A,:V u, '4 fa ✓ STEPHANIE DALEY-WATSON, SECRETARY Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. �Jff& County of .,� On D� hPr 126 i before me, � Date _ Name and Tide of OMoer 0,9-. personally appeared r"'O�ROSEF M Notary Public - California orsnty county 00—MYClimm. Fires Jun 7, 2111011 - 311,0111110-4 Pf personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personof whose naml is/ara subscribed to the within instru ent and acknowledged to me that he/sheFtbey executed the same in his/her/thl authorized capacity and that by his/ber{SpeiF signaturer(sf on the instrument the persoroj or the entity upon behalf of which the persorl(seJ acted,_aXecuted the instrument. E mymlz ature Notary PUWa 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: ID r vOD-E) Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Trile(s): ❑ Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Top of thumb here 01989 National Notary Aa,n.nhta, • 9350De Soto Ave., PO. Box 2402 • Chaelaorth, CA 913132402 • w natloealnotar,ory Prod No. 5907 Reorder'. Call Toll+roe 1abu-anti-0ar, 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ll State of California c� "/�' 1/� County of P-r/ )619_F� ss. On 00. 11 .1 O S� before meAV=1,'_ rei Data n Name and Title of officer (e.9 , "Jane Ded. Notary Public) personally appeared PATRICIA L. CHISLER Commission # 1523266 -i Notary Publk • California Los Angeles County My Comm. ExPlim Nov 15. 2008f personally known to me D proved to me on the basis of satisfactory evidence to be the person,Fsf whose namejs)' is/ase subscribed to the within instrument and acknowledged to me that hefshekhey executed the same in hisArerRheir authorized capacityi(ii and that by hislherftheir signature(e)-on the instrument the person(e)-or the entity upon behalf of which the persQn(e) acted. executed the instrument. hand and official 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 Title or Type of Document: �DA) Document Date: 00-,T to Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual TOn f ll mb ne,e ❑ Corporate Officer — Ttle(s): J Partner —❑ Limited C General -I Attorney -in -Fact Ll Trustee J Guardian or Conservator Other: Signer is Representing: )(51A e_r7o AIei 01999 National Notary Association -9350 De Soto Ave -PO. Box 2402•Cbatsworlb. CA 913132402• www notonalnotarx am Prod No. 5907 Peortler'. Call Toll -Free 1-800076{527