THE CONDITION OF TIDS OBLIGATION IS SUCH THAT:

Transcription

1 Executed in Three (3) Counterparts Bond Number: Premium is included in Performance Bond LABOR AND "MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that we, PW Construction, Inc. Principal, and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto CITRUS COMMUNITY COLLEGE DISTRICT hereinafter "Obligee", in the penal sum ofthirteen Million Six Hundred Forty Nine Thousand and NO/100 Dollars ($13,649,000.00) in lawful money ofthe United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF TIDS OBLIGATION IS SUCH THAT:. as WHEREAS, the Obligee, by resolution ofits Board oftrustees passed on _,-> 20, has awarded to the Principal a Contract for the Work described as Bid # , Vocational Technology Complex. WHEREAS, the Principal, on or about November 19th,20 07, entered into a Contract with the Obligee for performance of the Work, the Agreement and all other Contract Documents set forth therein are incorporated herein and made a part hereof by this reference which contract is by this reference made a part hereof. WHEREAS, by the terms ofthe Contract Documents, the Principal is required to furnish a bond for the prompt, full and faithful payment to any Claimant, as hereinafter defmed, for all labor materials or services used, or reasonably required for use, in the performance ofthe Work. NOW THEREFORE, if the Principal shall promptly, fully and faithfully make payment to any Claimant for all labor, materials or services used or reasonably required for use in the performance of the Work then this obligation shall be void; otherwise, it shall be, and remain, in fun force and effect. The term "Claimant" shall refer to any person, corporation, partnership, proprietorship or other entity including without limitation, all persons and entities described in California Civil Code '3181, providing or furnishing labor, materials or services used or reasonably required for use in the performance of the Work under the Contract Documents, without regard for whether such labor, materials or services were sold, leased or rented. This Bond shall inure to the benefit ofall Claimants so as to give them, or their assigns and successors, a right ofaction upon this Bond. In the event suit is brought on this Bond by any Claimant for amounts due such Claimant for labor, materials or services provided or furnished by such Claimant, the Surety shall pay for the same and reasonable attorneys fees pursuant to California Civil Code '3250. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, deletion, addition, or any other modification to the terms of the Contract Documents, the Work to be performed thereunder, the Specifications or the Drawings, or any other portion of the Contract Documents, shall in any way limit, restrict or otherwise affect its obligations under this Bond; the Surety hereby waives notice from the Obligee of any such change, extension of time, alteration, Citrus Community College District Bid # , Vocational Technology Complex Bid Due Date: Thursday July ]2,2007 2:00 p.m. Page 33 of 115

2 deletion, addition or other modification to the Contract Documents, the Work to be performed under the Contract Documents, the Drawings or the Specifications of any other portion of the Contract Documents. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this 27th day of November by their duly authorized agent or representative. (Corporate Seal) PW Construction, Inc (pri 1 al Name) By: (Signa Jason Bollinger (Typed or Printed Name) Title: Vice President (Corporate Seal) (Attach Attorney-in-Fact Certificate) Liberty. al Insuranc.e co.mpan Y ~. I L <:::~..eyt. BY:_ct=..,.rore ofatt-yt!'" fa< Smetyl-----(7-.. Penny E.!:<ell~.. (Typed or Printed Name ofattorney-in-fact) (714 ) (Area Code and Telephone Number ofsurety) CitIUS Community College District Bid # , Vocational Technology Complex Bid Due Date: Thursday July 12, :00p.m Page 34 ofl1

3 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No State of County of CALIFORNIA San Diego NOV DATE personally appeared --'-~~_---''-- Penny E. Kelley JOHANNA SMITH COMM. # NOsTARY PUBLIC-CALIFORNIA 0 AND/EGQCOUNlY ~ My Commission Expires JUNE Johanna Smith, Notary Public NAME, TiTlE OFOFFICER E G. "JANE DOE. NOTARY PUBLIC" NAME(S) OF SIGNER(S) [ij personally known to me OR 0 proved to me on the basis of satisfactory evidence to be the persorus) whose narnets) is/a:t~ subscribed to the within instrument and acknowledged to me that ~:e/she/tbey executed the same in ~is/her/~eij authorized capacity6i~~, and that by btis/her/tbeir signature~ on the instrument the person~, or the entity upon behalf of which the personje) acted, executed the instrument. WITNESS my hand and official seal. If: t OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. _ CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER o PARTNER(S) ATIORNEY-IN-FACT TRUSTEE(S) o GUARDIAN/CONSERVATOR TlTLE(S) o LIMITED o GENERAL o OTHER: --_._ DESCRIPTION OF ATTACHED DOCUMENT TITLEOR TYPEOF DOCUMENT NUMBER OF PAGES DATEOF DOCUMENT SIGNER IS REPRESENTING: NAMEOF PEASON(S) ORENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 1993 NATIONAL NOTARY ASSOCIATION 8236Remmet Ave., P.O. Box7184' Canoga Park, CA

4 :t::.~ o C. CD '0.,lC1Il CCD m,$.qc...n f! :.a f!m TH,IS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint VALERIE M. PEARCE,JA1ES.BALDj:\S&ARE, JR.,LAWRENCE F. MCMAHON,,4.IERICASAN MARTIN, PENNY E. KELLEY, JAMESR. SOMMERVIL,lJ:,CHRISTINEA. PATERSON,,4.l.L OF THE CITYOF SANDli:GO, ST,4.TE OF CALIFORNIA ii.. ii li -. ii.- - -Ii.. Ii;,; ;, W.lI.iIi - Ii. a iii - -w io.,-. -'-, each individually if there be morelhan onenalt)ed, its true and lawful attorney-in-factta make, exectjte, seal, acknowledge and deliver, for and on its ~I~a~~[i~rSrt~6 i6~j1cmr*~*~;;~*frx*~~?*~ii undertakings, bonds, recogn~~~car~nf$0wgio8b;liog?8&~!i~~rjn the penal sum)~~~~~~~~d:g~ execution of such undertakings, bpnds, rec()gnizancesand other surety obligations, in pursuance()f these presents, shall be as binding upon the Company as if they had been duly signel:iby the president and attested by the secretary ouhe Company in their own properpersons, That this power is made and executedpl1rsuant to and by authority of the following By-lawand Authqrization: ARTICLE X- Execution of Contracts: Section 5 Surety BOndsand Undertakings.. Any officer of the Company authorized for that purpose in writing by the chairman or thepresident,andsubject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations., Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company., When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys..in-fact: Pursuant to Article X, Section 5 of the By-Laws, Garnet w.. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to. appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations., i U CD That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ' C'll..,.- CD::> IN WITNESS WHEREOF, this Power ofattorney has been subscribed by an authorized officer or official of the Company and the corporate seal of... 0 C.... m Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 17th~ day of _-",-M""a,..y_~_~~~, ::: ~ J!::s , n'o 'O~ a' LIBERTY MUTUAL INSURANCE COMPANY... '0,,2f! iii CDC 3=m CD 0 n... CD 0... C.m...- CD... mill mcd,s)a; I e n..,$... om-:.- '0> =u mc >CD..,' 0'" z~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By~-4:M-.a?'~- Garnet w.. Elliott, Assistant Secretary On this 17th _ day of May, 2006, before me, a Notary Public, personally came. Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixe corporate seal of Liberty Mutual Insurance Company thereto with the authority and atthe direction of said corporation. IN TESTIMONY WH first above written, CERTIFICATE BY~/~ Ter6sa Pastella, Notary Puplic :>. m '0 CD C 'iii ::s.q > C m _c -0 ~1- >-00 CDW s. ~.!!!o.co ~ en Oc >-CD.'!::: CD '03= =t; ~.Q CDO nto subscribed my narne andafflxsd my notarial seal at Plym()uth Meeting, Pennsylvania, on the day and year.c-=:t... N e~... N ;;::~ I, the undersigned, Asslstan etary ofl.iberty Mutual Ihsur~nce Company! do hereby certify that the original powerof attorney of which the foregoing is a full, true and correct copy, is in fuflforce and effect on the date of thisgertificate; andldo furthercertify.that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman orthe presidentto app()intattorneys-in-fact as provided in Article X, Section 5 of the By-laws of Liberty Mutual Insurance Company, This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed NUV 9. 7 Z007 Ee C. 00 U.,.. 0<0 I-~ IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of

5 ACKNOWLEDGMENT State of California County of Los Angeles On November 27,2007 before me, Josephine C.. Chien-Notary Public ---_...:...-_-----~----, (here insert name and title of the officer) personally appeared Jason Bollinger ---=:...- _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s} whose namets) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacltyties), and that by his/t:lefltretf signature(s} on the instrument the person(s}; or the entity upon behalf of which the persoms) acted, executed the instrument WITNESS my hand and official seal. Signature _-----j!==-~~~::---,- ~ _ ~.e e JOSEPHINEC. CHIEN... Commission # i.-. Notary Public California ~ ", los Angeles County - My Comm. Expires Sep (Seal)