1998-0721_MD CONSTRUCTION GROUP_Performance Bond (3) _ `r
EXECUTED IN TRIPLICATE t+
L BOND f,; ;236 SB 101061279 BCA
PREMIUIM: $985.00
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that
MD CONSTRUCTION GROUP , as Principal (hereinafter called
"Contractor"), and TRAVELERS CASUALTY AND.SURETY COMPANY OF AMERICA
as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City"), in the amount of
ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED SEVENTY AND N0/100** Dollars ($ 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 to guarantee
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 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 98 19 98 , at
ONTARIO , California.
ND#270
(NOTARIZATION AND SEAL)
APPROVE AS TO FORM:
By 411/ '
Jo R. Shaw, City Attorney
TRAVE CASUALTY AND SURETY COMPANY OF AMERICA
•
(NOTARIZATI•4 ND SEAL),--34?-;:f, F t ,
KELLY A. SAITMAN ATTORNEY-IN-FACT
c:\wpwin60\wpdocs\forms\perform.bnd -2- 06/17/98
. " , • _..
, •
. • ALL---''URPOSE ACKNOVL-()GEMENT
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STATE OF CALIFORNIA ' )
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s . s . • .
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COUNTY OF SAN BERNARDINO )
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On -71a419K before me, . •
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FRANCES LEFLER. NOTARY PUBI TC , personally appeared . .
KELLY A. SAITMAN. ATTORNEY-TN-FACT
X personally known to me; •
or proved to me on the basisof satisfactory evidence to be the •
person ) whose. name(-6.) is/arta- subscribed to the within instrument and
acknowledged to me that ( e/she/they) executed the same in
- 1s/her/thoir 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) 01,611*******0080*0123000004,0404.)5:on
CI ,_,,D._".""4 ,, FRANCES'LEFLER z
_._. . ,. .
Z ;(.6„,,pA,,.* COMM. #1058976 s
' ' • -*,1,1,,g„,"0! NOTARY PUBLIC-CALIFORNIA
- .P 'N.,,,.—j SAN BERNARDINO COUNTY '., •
1 -,-,0i,- My Comm.Exp.May 14,1999,•!,
• • .
' • ciaer,4•eoc.:temacacoadoWaggtotactt.va:te=
Signature of Not Public tiA..._
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**************** ********************************************
CAPACITY CMATy-RD 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 : .
1
Date of document:
Signer( s ) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
KAS/189837
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._ ., ...._ _- . . —.____ • . ...__ ......._____
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BOND NO: 86 SB 101061279 BCA
EXECUTED IN TRIPLICATE .
• lPremium included
1` IN PERFORMANCE BOND
LABOR AND MATERIAL BOND
I
KNOW ALL. MEN BY THESE PRESENTS; That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
••1 County, California, has awarded to ND CONSTRUCTION GROUP , License
No. , hereinafter designated as "Principal", a contract for
CITY BRIDGE REPAIRS CIP NO. 117 ; and
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.
!f
NOW, THEREFORE, we ND CONSTRUCTION GROUP
Principal, and TRAVELERS CASUALTY ANU SUKtI r CONPANY OF MICA
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/10O**** 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 sub-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 asrequiredby 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.
CM-1
1 fr
11 IN WITNESS WHEREOF e deemed(3) identical counterparts of this instrument, each
of which shall for all purposes med an original thereof, have been duly executed by
the Principal and surety herein named on the 24TH day of IJULY
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.
IT CONSTRUCTION GROUP
P• CIPAL
By
TRAVELERS CASUALTY AND SURETY CONPANY,OF.„AN(ERICA.
SUR TY
B 0.4 1 �r,., �► ;
KELLY A. SAITMAN •RNEY-IN-FACT
APPROVED AS TO FORM ,7.,-;„. •
II
I
R. SHAW, ATTORNEY
Lit-2
'ALI( ',URPOSE ACKNOWL )GEMENT- . •
STATE OF CALIFORNIA )
. ) s . s .
COUNTY O'F' SAN BERNARDINO )
On (� 1�� before me, .
FRANCES LEFLER. NOTARY PUBJ 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(-s) whose name) is/aa subscribed to the within instrument and
acknowledged to me that (he/she/they) executed the same in
hos/her/thcir authorized capacity(icc ) , and that the entity upon
behalf of which the person(s+-acted, executed the instrument.
WITNESS my hand and official seal .
(SEAL) - �*********race******************
FRANCES LEFLER
Z t. COMM. #1058976 s
S ? ', NOTARY PUBLIC-CALIFORNIA is
F.` SAN BERNARDINO COUNTY
1 - ' My Comm.Exp.May 14,1999
ocitc *****p********fie*t��ds�eT*'::::A
sA.a,;� �, .ems - _V .
Signature of Not y Public - - • • .
*********xdc�c�c*** *******:fr***:k****:fr*:fr*****fir******************
CAPACITY C'T.ATKRD 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.
KAS/189637
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' • 4�` ") TRAVELERS CASUALTY :) SURETY COMPANY OF AMERICA
`Sig•-,..,:...,',• • Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE6,F AUTHORITY OF,ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, 'THAT TRtiVE LERS CASUALTY AND SURETY COMPANY OF AMERICA, a
corporation duly organized under the laws of the State Of Cnnnecticiit, and having its_principal office in the City of Hartford,
County of Hartford, State of Connecticut, hath.�niade,;,,cortstituted and appointed, and does by these presents make,
constitute and appoint Jay P. Freeman or Kelly A:,Saitin n "'.;.,. .
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 same were sighed 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; ,
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
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 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 the signatureof 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 andother writings obligatory in the nature thereof;'and any
such power of attorney or certificate-bearing such facsimile signatureor 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)