Calstate Construction - San Ysidro Park Rec. Building Remodel - Performance Bond
Executed In Duplicate
Bond Number: 12079523
Premium: 10,217.00
SECTION 00610
FAITHFUL PERFORMANCE BOND
~ow ALL. PERSoNs BY THESE PRESENTS. TH~T~":W*-lU~.~:
of &!! '. .",a....;,;....:lnafte. .f_inn..........iol..- "C' .. ha . 2011' ...........
'" . Qy."n~fG' r ~._....... u_ ity. s, on . ....~_,.. 8!'81VG'Y,
to. Calstate Construction, Inc. hereinafter designated as the "p~;" a Contract
for1tttit.:cc..an.lCBOIl of the San Y sidra Park Recreation Building Remodel + Addition + Site 1m raveme safld
WHEREAS. S$id Princ;ipal is required under the tel1J'1$,i()('..Oontractto
fOOli$b a~' for the faithf\.tlperforrnance of said Contract:
NOW. THEREFORE. WE. the Principal, and .*asS~~_,held BoO
firmly\~cuntD the City the penal sum of Seven Hundred Seventy One Thousand SevelJ
Hundred F orty- F our__m______mn___mmn___nm dollars ($ 771, 7 44.00m------~-~--~-i 'lawful
~~"the UnftedStates, for the payment of which sum well and,'~Ij',tQ.~ made. we
bind" Ou~; our heirs, executors, administrators, and SU~. jointly and
~",fiOnJY by these pres4l)nts.
TME cONorr'ONOF THIS OBLIGATION IS SlJCft.'l~.,Jf tneaoo~
~.~dpaJ. It or its heirs. executors. administrators, succes~Z'Of~.~t shan
in 811 ;tfIi+_nd to and abide.by. and well and truly keep and,......'",penorm the
~n..fX)llditlorlS, and agreements in lhe said contract and any. .~~rnadC!'~
Iher8fnp~ed. on it or their part to be kept and performed. at~,Q ~nd In t~
manner~in specified. and In all respects according to their true~_:8.ndmeaning~
aflf;i......{indemnify and saV$ harmless. the City, its officersand-:,.~~as t~Jl'l
stiJ)l.I~' the,n this obligatlorl shall become null and void; oth$~' it $In~ll be and
~'ifRlJuIf()rceand virtue.
It. is acknowl~d~that the Contract provides for a'CJi.le~~arW8mJnty
periOd.dtJtfrJ.9lNhich time this bond remains in full force and effect
'. And the said Surety, for value received. hereby stl~"~!~~H~t"~ tha~
no,~,extension of time. alteration, or addition to the term$~1b...~~ttact or to
'theWOrl('k) be penormedthereunder or the specifICations a~Yii\g' the. same
sball. In.y way. affect its obIipUons on this bond, and it does f1~bYW,ajve notice Of
any sUCh change. extension of time. alteration, or addition to the~oMheContract
or '\0 the. or to the specifications. Said Surety hereby waiv~Ute .provisions of
~.l$.and 2845 of the- Civil Code of the State of California.
" .'~ BoIkIng.RemodeI'" AcIdtion ... Sits Improvements
. '.;;t94.
RCllON;~'fO.!2
* The Guarantee Company of North America USA
IN WITNESS Wt'le~OF. the above bounden partleS';:..~tj(tthi$;
ins~ntunder their seals thiS 22nd day of Decemb~r ,~Q1t .....r-.~.nefl1~.8itd
~ '~ of each corporate party being hereto affixed 8nd;~F.~nta duly
signed bY itS undersigned representative. pursuant to authority oflts-~ngbOdY.
(Seail
Calstate Construction, Inc. ..,
Principal
Slg_Ior~ ....
ANDREW BORREGO, PRESIDENT
Title of Slgnator
The Guarantee Company of.North America USA
Surety
,(Sea~)
Francis E. Cook, Attorney-In-Fac,t
lltJe of Slgnator
-END OF SECTION-
,'. ~l'~I_':~BuHng' Remodel + AddICIon + Site ll11'rovements
Pto}licttijJZ>i3W:"194.
sec:T1Cltl1 oOe 10..:$3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~.w.w~~~.w~~~
State of California
}
County of Santa Clara
OnDecember 22, 2 Ollbefore me, Sarah M. Lorincz, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Francis E. Cook
Name(s) of Slgner(s)
SMiCJ1Ivl. LOrWiG?
f", '-
~ornrn!St~iGn -f! 1 BOfj(~;85
r';D/3ry Public Calif 01 ilia
San1;;; Clafrt
COrl"1"r;,
who proved to me on the basis of satisfactory evidence to
be the personOO whose namelX) isMiX subscribed to the
within instrument and acknowledged to me that
heM~Kexecuted the same in hisX1]{~OCauthorjzed
capacity~Xl, and that by his1{l}{rltOOl(signaturel)(l on the
instrument the personOO, or the entity upon behalf of
which the personOO acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
nd official seal.
.'~'
Signature ~
Place Notary Seal Above OPTIONAL'./ Signature of Notary Public
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:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Slgner(s)
.
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~,jf';~,,<"!!,~~,~~~~~~~
~2007 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402. Chatsworth. CA 91313--2402' www.NatlonalNotary.org Item #5907 Reorder. Call TolI.Ftee 1-800-876-6827
Executed In Duplicate
Bond number: 12079523
Premium Included In Performance Bond
SECTION OOf$20
PAYMENT BOND
KNOW ALL PERSaNS BY THESE. PRESENTS~THAf;~;WH$BiAS~ ,ax-'
of Gnrov. . ,hereinafter designated as the "City,- has, on ' ,'.',',,',' .".'., .' ' . 2011. ·
~.td Calstate Construction. Inc. . hereinafter designate(raa<~ ~rincipat: .s-
Cot:t'ttal:itfdrth.e<:onstructionoftheSan Ysidro Park RecreMinn Rllilrlin8..'R'i'~Q981..J..,Ael81Men + Site
Improvements and .
WHEREAS. said ,Principal is required to furnish a ~am~~.af)d:
with ..~, ~. pfOvidingtbat if said Principal, or any of it or its.:.~~~ sh81
fai1.top!i.tpr any materials. provisions. or other supplies used In..U~T::fif!:()f about-the
.p~~9fthe work (X)ntnlcted to be done. or for any work or "".\~:thereon of
anykihd;,the Surety of this bOnefWiI pay 1M same to the extel'\ttie~seff()fth:
NOW. THERefORE. we. the Principal, and ,* as. SJI~:i,:~~ -~, and
firmly bound unto the City the penal sum of Seven Hundred Seventy-One Thousand Se~en.
Hundred, F. orty- F ournmm____mm____mm____m_DoIlars ($ 771.7 44; Oo~-------------.,-J lawfUl
fl'lOI'lEtYqflte United States. for the payment of which sum welt and;~Wf.O~ ,made. we
bind 09~S. our heirs. executors, administrators, and suco~...ir~t JoirltlyanQ
.~.tKmly by these presents.
The Payment Bofld. for which this Section prov,Jd..tj~tsecui'e - the
payment' 9f.those persons' or entities to whom the Principal, its $~.ctof$ or itS.
heb. ex.ecutors, administrators. successors. or assigns. shaU-t)tt,I).eeome legall)'
ind~fOr'labor. materials, tools. equipment or services of anykin<l,-f,i~;()remployed
by the,. bidder in performing. the work, or taxes or amounts to be with~ thereon. The
Surety or Sureties will pay the following amounts should tll& Principal or a
su~fail to pay the same. plus reasonable attorneys'feetw.tle-'fixed by the
COUl1 if suit is brOught upon the bond: (1) amounts due to any of t1)c;;,~ns named in
Cal~Civil Code Section 3181; (2) amounts due undertl1e, 'Ut)efTlpbyment
1nst.i~-Codewi1h respect to work contracted to be done or any ~orfabdr thereon
of any kind: and (3) any amounts required to be deducted. withheld;~,pakI',over to
the EmPlOyment Development Department from the wages of$mpJ~s of the
Principal and SubCOntractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to the work and labor. This Paymel'll~~;$hal inure to
the~o8fJt of any of the persons named in Civil Code Section 3181'80:..to give a right
of aCtion to those persons or their assigns in any suit brought upon thls.t:iond.
~~._~n Buikin9R1m~ .. Addilion .. Site Improwmentl
~~NA.~t;;ew~194.
SE,CnON;OO6~
* The Guarantee Company of North America USA
And the said Surety, for value received. hereby stipu - ~;~;,agr._$ tt)at
nocba~. extension of time, alteration. or addition of the terms.. ,eFebntr80.t or to
" ") ," - ~ " . .- . . . ."- "-.:-- ...- . ..... '. ,
thewQfktbbe performed ,thereunder or the specifications a~gtl:1e,S$me.
sha'.io~yway, affect its obUgatioos of this bond, and it does her.~ive notice of
a~y(;t)a,.; extenmon of ti~, alteration, or addition to the terms~{;~,;'#mtract Of to.'
tne'wc:>>rk Qr to the specifICations. Said Surety hereby waives the ~Vi$iPnsof Sections
2B1Sand2845 of the Civil Code of the State of Califomia.
IN WITNESS \VMEfEOF. the above bounded partieS~>'J(~teQ this
in$tJU~m:...nd8rtheirsealsthi& 22nd , dayof December ,'.;' 201 1., the oame
and ~fPOfat&seal of each COI"POf'$le party being hereto affixed and:",::Pt8$eJlt$ duly
sigJl,q ~Jts undersigned representative, pursuant to authority of itsgf.lvemll1gbody.
Calstate Construction, Inc.
Principal
~;;;;;. ~~(seaQSlgnabJre (or ~ TltliI
~;"'.:l,RE
The Guarantee Company of North America USA
Surety
!~.)
Signature J r S
Francis E. Cook, Attorney-In-Fact
"'DOF SECTION.......
~~~;~RecreatlCln Building Remodel T Addition... Site Improv.m~ms
~NP;~~:..fW.194:
SEC11.ONO~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~..eQ~~~~~~~..eQ..eQ~~~~~
State of California
}
County of Santa Clara
OnDecember 22, 201lbefore me,
Date
Sarah M. Lorincz, Notary Public
Here Insert Name and Title of the Officer
personally appeared Francis E. Cook
Name(s) of Signer(s)
St\HAH ivL LOHlNCI
Cormn:ssicll :ff 1805235
t;otary Pl:blic - California
San~,:; Clara County
Ju! 1 2012
who proved to me on the basis of satisfactory evidence to
be the personOO whose nameOO is,?{O{ subscribed to the
within instrument and acknowledged to me that
heM~Kexecuted the same in hi&1{lX!1(OO,OCauthorized
capacityoeXl, and that by hi~.I(signatureOO on the
instrument the personOO, or the entity upon behalf of
which the personOO acted, executed the instrument.
z
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
)->
WITNESS my hand and official seal.
'm -
Place Notary Seal Above
OPT/DNA
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:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
.
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~~
\\>2007 NatJonal Notary Association' 9350 De Solo Ave" P'Q, Box 2402' ChalsWorth, CA 91313-2402' www.NationalNotary.org Item #5907 Reorder. Call Toll-Free 1--800-876-6827
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Danijela Mosunic, Patricia Simicich, Charles M. Griswold, Francis E. Cook, Vincent Scolari
Arthur J. Gallagher Risk Management Services - Cupertino
its true and lawful attorney(s)-in,fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise,
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s),in'fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the COrT"pany thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in,fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in'Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31st day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day
of April, 2010.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
tJ/tc ~
k'
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, Vice President
Randall Musselman, Secretary
On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27,2012
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
f1~ (). 'i~
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WIT!\JESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this2 2nd:Jay of December, 2011..
k'
Randall Musselman, Secretary