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1998-0721_MD CONSTRUCTION GROUP_Performance Bond EXERTED IN TRIPLICATE � BOA ;, -}86 SB 101061279 BCA PREMIUIM: $985.00 STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that MD CONSTRUCTION GROUP , as Principal (hereinafter called "Contractor"), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City"), in the amount of ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED SEVENTY AND NO/100** Dollars ($ 113,170.00*** ) • for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code toguarantee certain work, more particularly described as follows: CITY BRIDGE REPAIRS CIP NO. 117 NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be madefirst 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 shall be included costs and reasonable expenses and fees, including c:\wpwin601wpdocs\forms\perform.bnd -1- 06/17/98 t reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to-be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of statutory obligation, 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, alteration or modification, or of the work to be performed thereunder. Executed this 24T11 day of JULY , 19 98 , at ONTARIO , California. NDs . , I rev 0— ' (NOTARIZATION AND SEAL) APPROVE . AS TO FORM: III ,/ J i By A Joy R. Shaw, City Attorney TPAV ' CASUALTY AND SUR CONiPANY:.OF AMERICA . ,,. ,-,:;`-" fir _- I --'((f, /./� � I /j11 f _ . - ' (NOTARIZAI:1)N AND SEAL) /',`f • 2r57- 'K---‘ �r�rr`rrf " KELLY A. SAITMAN ATTORNEY-IN-FACT c:\wpwin60\wpdocs\forms\perform.bnd -2- 06/17/98 ALL4URPOSE ACKNOWLV.GEMENT STATE OF CALIFORNIA ' • ) s . s . COUNTY! OF SAN BERNARDINO On -11aLfi-95? before me, FRANCES LEFLER. NOTARY PUBLIC , personally appeared KELLY A. SAITMAN. ATTORNEY-IN-FACT X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(- ) whose namef-s) is/a.z.a. subscribed to the within instrument and acknowledged to me that (he/she/thcy) executed the same in i /her/t.hcir authorized capacity( ic.7) , and that the entity upon behalf of which the person(s+-acted, executed the instrument. WITNESS my hand and official seal. (SEAL) cog.,•0•09...000000,aciooaemooeciry.9 • • .;.! FRANCES LEFLER z • Al COMM.#1058976 s • 0113,1 NOTARY PUBUC-CALIFORNIA • •• ri .ifiTy SAN BERNARDINO COUNTY • = My Comm.Bcp.May 14,199D t, ( tet2t500.14**0*0000066eteACC.LI Signature of ot/ Public . • - ***********************4*******t***************************** CAPACITY CTATN7D BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s ) and Titles and Partner( s ) Limited General X Attorney-in-Fact Trustee( s) Guardian/Conservator Other: Signer is representing: *********************************************************** • ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: BOND Number of pages : • Date of document: Signer( s ) other than named above: MIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. 'us/lasts= . . . . Y • , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT e State of California ;j Vie'•. ss. q County of Ole C, 4 On ��L-/ Z7, )'NC( , before me, i�I FE(L M, k (Cz' i P�6Ltc- 'j Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pub d') q personally appeared 1)/1411\ 4• ,6EAbok , Name(s)of Signer(s) (e. ❑ personally known to me >> eproved to me on the basis of satisfactory q evidence 4 to be the person whose namejee erOtait i <<, subscribed to the within instrument and << o JENNIFER M.KNIGHT acknowledged to me thatsky executed r %� Commission# 1176904 Z the same in is berft reir authorized , Vie, z r,-,s-; Notary Public-California g capacity), and that by gLbe thEir >> Z . . Orange County signatureeKon the instrument the persory.s%, or Ce My Comm.F>iresMar20,2032 the entity upon behalf of which the person er C • acted, executed the instrument. le Cc WITNESS my andd,annd official seal/ ( k 44../ A� • 4.:.-0 4 Place Notary Seal Above / Signature of Notary Pu•.� (e r 4 OPTI dI , L Though the information below is not required by law, it m.,prove valuable to persons relying on the document )) and could prevent fraudulent removal and reattachment of this form to another document. eDescription of Attached Document Title or Type of Document: 5 iirp,--0e/ rk fob 7JC-� 6.1 1� ) (e Document Date: 7/ZY/'1 ' " Number of Pages: ) � Signer(s) Other Than Named Above: Kati f A • SA'rTNI ifJ ( >j ( Capacity(ies) Claimed by/�Signer /�(� >> (e SI ner's Name: DflV(D A, gi- Pc' RIGHT THUMBPRINT ( OF SIGNER ie X Individual Top of thumb here ❑ Corporate Officer—Title(s): , ❑ Partner—❑ Limited ❑ General j ( E Attorney in Fact 1 ( ❑ Trustee . E Guardian or Conservator ❑ Other: >j • 1 .5 Signer Is Representing: 1 Ce ) ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • jl , , EXECUTED IN TRIPLICATE �—� �� BOND N0: 86 SB 101061279 BCA ` Premium included IN PERFORMANCE BOND LABOR AND MATERIAL BOND . , II KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Ni) CONSTRUCTION GROUP License No. , hereinafter designated as "Principal", a contract for CITY BRIDGE REPAIRS CIP NO. 117 and . fl J 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, welvD CONSTRUCTION GROUP Principal, and TRAVELERS CASUALTY ANu SUKt►r LO PPNY OF AMERICA as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED SEVENTY AND NO/100"Ak DOLLARS ($113,170.00* , 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, if said Principal, his or its heirs, executors, administrators, successors or assigns, or srib-contractors, shall fail to • 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 3, Chapter 3 of the Government Code of California as amended, that 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 the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under..said act, so as to give a right of action to them or their assigns in any suit brought upon this 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 on 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, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. LM-L 11 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 24TH day of JULY I 19 98 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. _ - MD CONSTRUCTION GROUP • . PRINCIPAL ,l By TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,. _ SURE By �, O /�<�_ KELLY A. SAITMAN tiiRNEY-IN-FACTPrr, APPROVED AS TO FORM frr1/4.rf+7,rrtr;rr'a • I iI I ` R. SHAW, ' ATTORNEY I Lei-2 • - :• AL URPOSE• ACKNOWL GEMENT STATE OF CALIFORNIA ) • . ) s .s . COUNTY OF SAN BERNARDINO ) • On before me,• FRANCJANS LEFLER. NOTARY PUB! TC , personally appeared KELLY A. SAITMAN. ATTORNEY—IN--FACT i X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(-s-) whose name(-s) is/aa- subscribed to the within instrument and acknowledged to me that (ire/she/they) executed the same in h..e/her/ — authorized capacity(icz) , and that the entity upon behalf of which the person(-s)--.acted, executed the instrument. WITNESS my hand and official seal . - (SEAL) eQe**11+41****.00e*.*e*0(50 0012,;*:w ,* fi%""'% '• -FRANCES LEFLER e . s x 3,i COMM. #1058976 Z • ` NOTARY PUBLIC-CALIFORNIA •• P '' eiii\r' SAN BERNARDINO COUNTY • 'a'. My Comm.Exp.May 14,1999 z 94Ig_//1_ ► I_ .L� too:s<_:yaw***06+s'asr***000E401300**,:::>:, Signature of Nota ' Public - . . .• ********************:E***: *********************************:ir** CAPACITY CT.ATM1 D BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) ' Corporate Officer( s) and ' Titles and Partner( s ) Limited General X Attorney-in-Fact • Trustee( s ) Guardian/Conservator Other: Signer is representing: *********************************************************** - ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: BOND ' Number .of cages : • Date of document: . Signers ) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE_ KA S/189637 • , TRAVELERS CASUALTY/ SURETY COMPANY OF AMERICA Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CRTIFiCATE pp AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, TI-IAT: TRAVELERS "CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of fli6-State 6:f Qoaneetictit, and having its principal office in the City of Hartford, County of Hartford; State of Connecticut, Constituted and appointed, and does by these presents make, constitute and appoint Jay P. Freeman or Kelly4'.'Saitrpey.C=-*.T, of, Ontario, CA, its true and lawful Attomey(s)!;in-Fady:wfth:tftill power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. 1 , This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect: VOTED: That each of the'folloWing officers: Chairman, Vice Chairman, President, Any Executive Vide President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in- Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time, remove any such appointee and revoke the power and authority given him or her: VOTED: That any bond,-recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking:shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by'a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by'one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This POwer of Attorney and-Certificate of Authority it signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of -Directors •of TRAVELERS, CASUALTY AND SURETY COMPANY OF AMERICA,which Resolution is now in full force and effect: •- VOTED That the signature of each of the following 'officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any,Group Executive, Any Senior Vice President, Any Vice President; Any:Assistant Vice President, Any, ' Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings Obligatory in the nature thereof, and any such.power of attorney or certificatebearingsuch facsimile signature or facsimile seal shall be valid and binding upon the Company and any such Power sp executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ' : (aver) •