HomeMy WebLinkAboutPantera Park - Bid Bond_S.Payan_BlueCollarContractorsBond No.72711507
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS the City of Diamond Bar ("City"), has issued an invitation for bids for the work
described as follows:
PANTERA PARK IMPROVEMENTS Pra'ect No. FP23503
Sport court resurfacing, miscellaneous site furnishings and site lighting refurbishment
WHEREAS SEAN PAYAN dba BLUE COLLAR CONTRACTORS
1939 N. VALLEJO WAY, UPLAND CA 91784
(Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
WESTERN SURETY COMPANY
151 North Franklin, 17th Floor, Chicago, IL 60606
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto Public Agency in the penal sum of Ten Percent of the Amount Bid
Dollars($ 10,o ), being not less than ten percent (10%) of the total bid price, in lawful
money of the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded a contract for the work by City and within the time and in the manner required by the
bidding specifications, entered into the written form of contract included with bidding
specifications, furnishes the required bonds, one to guarantee faithful performance and the other
to guarantee payment for labor and materials, and furnishes the required insurance coverages,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and
effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by
City in the suit and reasonable attorneys' fees in an amount fined by the court. Surety hereby
waives the provisions of California Civil Code § 2845.
30
1293492.1
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 72711507
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint MICHAEL DARE BENOIT
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Sean Payan dba Blue Collar Contractors
Obligee: City of Diamond Bar
Amount: $1, 000, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal
under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent
dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by
digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be
considered the act and deed of the Company."
If Bond No. 72711507 is not issued on or before midnight of May 27th, 2025 all
authority:cAV e&med n this Power of Attorney shall expire and terminate.
=s V4�a ess Whey —::Western Surety Company has caused these presents to be signed by its Vice President, Larry Kasten, and its
cqi `aie.sa l? v:be a��*is 27th day of February 2025
WESTERN SURET COMPANY
CA,SI}13F SZiTJTI3DA
Larry Kasten, Vice President
COUNT 6 3 ffg` Vk.aAHA
On this 27th day of February in the year 2025 , before me, a notarypublic, personally appeared
Larry Kasten, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act a49 deed of said corporation.
S. GREEN
SEAL NOTARY PUBLIC 8E Notary Public - South Dakota
5OU7H DAKOTA My Commission Expires February 12, 2027
t e�gne o cer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 27th day of
February 2025
WESTERN SURE COMPANY
Larry Kasten, Vice President
To validate bond authenticity, go to www.enasurety.com > Ovvner/Obligee Services > Validate Bond Coverage.
Form F5306-5-2023
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County off
K10On J before me,
/+t r1 (Here insert name and title of the officer)
personally appeared ., l i l' 1 I11 bl' ' ("I
who proved to me on the basis of satis ctory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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.
ESS Ty hand and official seal.
blic Signature
(Notary Public Seal)
ITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
U e s t_CIWA. #f 2421 is
V(°1 NGT i 'LIOLIC - CALIt �I '!A �y
TRIES CK F, i. ,
0
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary irording and
if needed should be completed and attached to the document..4cknowledgnrents
,from other states may be completed for documents being sent to that state so long
as the irording does not require the California notary to violate California nolarl,
lair.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
-
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public)
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i_e-
#e/slielgie�- is /are ) or circling the correct forms. Failure to correctly_ indicate this
information may lead to rejection of document recording.
• 'rhe notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges. re -seal if a
sufficient area permits. otherwise complete a different acknowledgment firm.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer, indicate the title (i.e CEO. CFO. Secretary).
• Securely attach this document to the signed document with a staple.
IN WITNESS WHEREOF, each of which shall for all purposes be deemed an original hereof,
have been duly executed by Principal and Surety, on the date set forth below, the name of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative(s) pursuant to authority of its governing body.
Dated- February 27th, 2025
"Principal"
"Surety"
SEAN PAYAN WESTERN SURETY COMPANY
8 y: By,
Its Its MICHAEL DARE BENOIT, Attorney in Fact
By: By:
Its Its
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority
of any person signing as attorney -in -fact must be attached.
(Sea')
(Seal)
I E
CONIM. # 242-:
'M, L,GTARY PUBLIC - CA!,
LOS ANGELES 0
NOTARIZED DOCUMENT
A T T -
-'A T E,
31
1293492.1