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1998-0721_MD CONSTRUCTION GROUP_Performance Bond (2) ,EXECUTED IN TRIPLICATE BOND ti; 36 SB 101061279 BCA PREMIUIM: $985.00 STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ND CONSTRUCTION GROUP , as Principal (hereinafter called "Contractor"), and TRAVELERS CASUALTY AND SURETY CC PANY OF AMERICA as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City"), in the amount of ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED SEVENTY AND NO/10O** Dollars ($ 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 to guarantee certain work, more particularly described as follows: CITY BRIDGE REPAIRS CIP N0. 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 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 shall be included costs and reasonable expenses and fees, including c:\wpwin60\wpdocs\forms\perform.bnd '1- 06/17/98 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 24TH day of JULY , 19 98 , at ONTARIO , California. ND iVig' "UC �N GROW / & (NOTARIZATION AND SEAL) APPROVE/ AS TO FORM: By 41/ ' / Joy R. Shaw, City Attorney ' WAVE i° CASUALTY AND SURETY COMPANY,OF-ANIERICA ;; =, / /. ( ` 'i, (NOTARIZA iN AND SEAL-}: - �r h^ rrr N{w KELLY A. SAIIMAN ATTORNEY-IN-FACT c:\wpwin60\wpdocs\forms\perform.bnd -2- 06/17/98 • ALL,;URPOSE ACKNOWL.__J)GEMENT STATE OF CALIFORNIA s . s . COUNTY OF , SAN BERNARDINO On Id•Hqe before me, FRANCES LEFLER, NOTARY PUB I IC personally appeared KELLY A. SAITMAN, ATTORNEY-IN--P.ACT X personally known to me; or proved to me on the basis of -satisfactory evidence to be the person(--s.) whose names.) is/aa. subscribed to the within instrument and acknowledged to me that (11-e/she/tkcy) executed the same in authorized capacity(los ) , and that the entity upon behalf of which the person( s+-acted, executed the instrument. WITNESS my hand and official seal . ( SEAL) FRANCES LEFLER z‘4 s COMM. #1058976 c NOTARY PUBLIC-CALIFORNIA SAN BERNARDINO COUNTY Pi , My Comm.Exp.May 14, ma 0 Signature of N ary Public ************************************************************* rxPACITY CT.A1-747D BY SI=R: Though statute does not recuire 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: THIS CERTIFICATE MUST BE ATTACTrED TO TtiE DOCUMENT DESCRIBED ABOVE. • 'us/lase:a . . /-' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ) State of California j ss. c County of dAc-> E., j ) On "1-1A1-1 27 I`M`t , before me, -(1E �f Fly tt, 4.1141-t-( $o"�n-(� eCA61.�C., j Date' Name and Title of Officer(e.g.,"Jam Doe,Notary P blip") ( ) ( personally appeared QAvi b A. S€A-Qok ( Name(s)of Signer(s) ❑ personally known to me ( proved to me on the basis of satisfactory j ( evidence ( c to be the personX whose namostf fs,ar e subscribed to the within instrument and ( acknowledged to me that Ysheftl�y executed �! _ JENNIFER M.KNIGHT the same in I1 / elr authorized ( /'e ,,"\ Commission# 1176904 . capacity(ie�)', and that by eir z r-ffi , Notary Public-California ; signature 'on the instrument the person,(a); or 2 ( Z `.9. "- Orange County r ) ( My Comm.Expirestvtar20,2002 the entity upon behalf of which the person) ) acted, executed the instrument. j ( j c WITNESS m, hand and offi ial s- - j ( ( S., O1 R1 c Place Notary Seal Above Signature of Notary- bli ; c / ) OPT IIAL ( 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. cDescription of Attached Document ( Title or Type of Document: tiC 12i regroI-Md°r C(- &r' b ) � a Document Date: 7,/ //1 D --- Number of Pages: 3 t Signer(s) Other Than Named Above: KUL/ A . S P'1-f- l/ 1 j Capacity(ies) Claimed by Siignerr, • 1 SI ner's Name: A'J 1 A . DE/AN:),, RIGHT THUMBPRINT Individual ER Top f thumb b here ( ❑ Corporate Officer—Title(s): ( ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact E Trustee ❑ Guardian or Conservator l ( ❑ Other: j j Signer Is Representing: j ( j 1.`: cfs:�: :: 1 ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call ToIl-Free 1-800-876-6827 BOND NO: 86 SB 101061279 BCA EXECUTED IN TRIPLICATE • �1' Premium included IN PERFORMANCE BOND LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange • I� County, California, has awarded to P4) CONSTRUCTION GROUP License No. , hereinafter designated as "Principal", a contract for CITY BRIDGE REPAIRS CIP NO. 117 and 1 ..11 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 PC CONSTRUCTION GROUP Principal, and TRAVELERS CASUALTY AND SUKt1 Y uNIFANY 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 N0/100"AAk DOLLARS (5113,170.00* , 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 szib-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 5, 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 thebenefit 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-1 ' l 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. _ - ND CONSTRUCTION GROUP -11 PRI• IPAL BY V. g(1 TRAVELERS CASUALTY AND SURETY CCVIPANY;.OF ;ANIERICAI SUR TY BY �►.�AA lA \ / (Jr KELLY A. .AI °TTORNEY-IN-FARCr :• APPROVED AS TO FORM c't "' ii ilk • R. SHAW, ATTORNEY • Lit-2 'MLIrvri� iIR • ALL 1JRPOSE ACKNOWL __ -)GEMENT STATE OF CALIFORNIA ) • s . s . COUNTY OF SAN BERNARDINO � ) On �a�l�(Bbefore me, FRANCES LEFLER, NOTARY PUB! IC , 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 name(- ) is/ate- subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in 1 - =/her/=h`i_ authorized capacity( ics ) , and that the entity upon behalf of which the person( s*-acted, executed the instrument. WITNESS my hand and official seal . ( SEAL) f":�•[:^fiMt�H�iCa�14G 5fiJL"�R�.?kl�a E.Z GiQ(.L L?G16y!�`>'••"•• z :;,."''''�. FRANCES LEFLER c;r-=I COMM. ##3.058976 • NOTARY PUBLIC-CALIFORN f. O, a1�f`'' SAN BERNARDINO COUNTY My Comm.Exp.May 14,1292 Signature of No ary Public *****x******************************.************************* CAPACITY CT.ATW 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 pages : • Date of document: Signer( s ) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KA 5/189637 —, -ti's 1`!ELRS CASUALTY J SURETY COMPANY OF AMERICA Hartford, Connecticut 06183-9062 • POWER OF ATTORNEY AND CERTIFICATE,OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT'TRAVELERS`CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the Sttatt(•of'C.onriecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath .made;' constituted and appointed, and does by these presents make, constitute and appoint. Jay'0. Freeman or Kelly A. Saitman ** of, Ontario, CA, its true and lawful Attomey(s)-in-Fact, with-full 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 samewere signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. 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 Vice President, Any r:Group Executive; Any Senior VicePresident, 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 Companyand 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 bevalidand 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 is 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 thesignature 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 attomey'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 certificatebearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any,such power so 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. (over)