THE CONDITION OF TIDS OBLIGATION IS SUCH THAT:

(1)

Executed in Three (3) Counterparts

Bond Number: 24027339

Premium is included in Performance Bond

LABOR AND "MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that we,

PW Construction, Inc.

._ _

as

Principal, and

Liberty Mutual Insurance Company

as Surety, are held and

firmly bound unto CITRUS COMMUNITY COLLEGE DISTRICT hereinafter "Obligee", in the

penal sum of

Thirteen Million Six Hundred Forty Nine Thousand and NO/100

__

Dollars

($13,649,000.00)

in

lawful money of the 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:

WHEREAS, the Obligee, by resolution of its Board of Trustees passed on

_

, - >

20 ,

has awarded to the Principal a Contract for the Work described as Bid #06-0506, 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 of the 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 of the 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 of all Claimants so

as to give them, or their assigns and successors, a right of action 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 #06-0506, Vocational Technology Complex

Bid Due Date: Thursday

July

]2,2007 2:00p.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

•

20.

07 by their

duly

authorized agent or representative.

(Corporate

Seal)

(Corporate Seal)

(Attach Attorney-in-Fact Certificate)

CitIUS Community College District

Bid #06-0506, Vocational Technology Complex

PW Construction, Inc.

-(pri 1 al Name)

By:

(Signa

Jason Bollinger

(Typed or Printed Name)

Title:

Vice President

Liberty

. al Insuranc.e co.mpanY

~.

.

I

L

<:::~

.

.eyt.

BY:_ct=..,.rore

of

Att-Yt!'"

fa<

Smetyl

---(7-..

Penny E.

!:<ell~

..

(Typed or Printed Name of Attorney-in-Fact)

(714 ) .. 542-0115

(Area Code and Telephone Number of Surety)

Bid Due Date: Thursday July 12, 2007 2:00p.m Page 34 ofl1

(3)

CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT

No.5907

State of

CALIFORNIA

County of

San Diego

NOV 2 7

2007

DATE

Johanna Smith, Notary Public

NAME, TiTlE OF OFFICER· E G. "JANE DOE. NOTARY PUBLIC"

Penny E. Kelley

JOHANNA SMITH

COMM. #1750064

NOsTARY PUBLIC-CALIFORNIA

0

AND/EGQCOUNlY

~

My

Commission

Expires

-JUNE

10. 2011

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

ac-knowledged 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.

personally appeared _ _--'-~~_---''--

_

WITNESS my hand and official seal.

If:

t

O P T I O N A L

-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

DESCRIPTION OF ATTACHED DOCUMENT

o

PARTNER(S)

TlTLE(S)

o

LIMITED

o

GENERAL

TITLEOR TYPEOF DOCUMENT

o

ATIORNEY-IN-FACT

o

TRUSTEE(S)

o

GUARDIAN/CONSERVATOR

o

OTHER:

--_._---NUMBER OF PAGES

DATEOF DOCUMENT

SIGNER IS REPRESENTING:

NAMEOF PEASON(S) ORENTITY(IES)

SIGNER(S) OTHER THAN NAMED

ABOVE

(4)

1948882

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,JAIII1ES.BALDj:\S&ARE, JR.,LAWRENCE F. MCMAHON,,4.IIIIERICASAN MARTIN, PENNY E. KELLEY,

JAMES

R. SOMMERVIL,lJ:,CHRISTINEA. PATERSON,,4.l.L OF THE CITYOF SANDli:GO, ST,4.TE OF CALIFORNIA...••.

• • • • • •- • • • • • • • • • • • • • • • • • • • • • • III • • • III • • • • -. IIIii ..ii-• • •- - -li• • •-.ii.- ••- -Ii..••·· Ii;,;••••••••••••.••••.••-••-••••••••••••11-• • • • • ;, • • • • W.lI • •.iIi• • •-• • • • • • • • • • • •Ii ••.••a • •iii -• • • • •-w io .

By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys..in-fact:

LIBERTY MUTUAL INSURANCE COMPANY

By~-4:M-

.a?'~-Garnet

w..

Elliott, Assistant Secretary

BY~/~

Ter6sa Pastella, Notary Puplic ss

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nto subscribed my narne andafflxsd my notarial seal at Plym()uth Meeting, Pennsylvania, on the day and year .c-=:t

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ARTICLE XIII- 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 ..

Pursuant to Article XIII, Section5 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.,

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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ....0 C.

Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 17th~day of_-",-M""a,..y_~_~~~

, :::

~

2006

...,

COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY

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

, - . '

-, 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-law and Authqrization:

I, the undersigned, Asslstan etary ofl.iberty MutualIhsur~nceCompany! 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 XIII, 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, 1980..

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

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of

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U CD That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.

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(5)

ACKNOWLEDGMENT

State of California

County of Los Angeles

Josephine C.. Chien-Notary Public

(here insert name and title of the officer)

Jason Bollinger

On

November 27,2007

before me,

---_....:....-_---~----,---personally appeared

---=:...- _

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 • • • • • ~

@

... CommissionJOSEPHINEC. CHIEN

#

1692192

i .-.

Notary Public • California

~

" , los Angeles County

-MyComm. Expires Sep5.2010

THE CONDITION OF TIDS OBLIGATION IS SUCH THAT:

Full text

Executed in Three (3) Counterparts

Bond Number: 24027339

LABOR AND "MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that we,

PW Construction, Inc.

._ _

as

Principal, and

Liberty Mutual Insurance Company

as Surety, are held and

firmly bound unto CITRUS COMMUNITY COLLEGE DISTRICT hereinafter "Obligee", in the

penal sum of

Thirteen Million Six Hundred Forty Nine Thousand and NO/100

__

Dollars

in

lawful money of the 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:

WHEREAS, the Obligee, by resolution of its Board of Trustees passed on

_

20

,

has awarded to the Principal a Contract for the Work described as Bid #06-0506, 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 of the 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 of the 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 of all Claimants so

as to give them, or their assigns and successors, a right of action 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,

July

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

•

20.

07

by their

duly

authorized agent or representative.

(Corporate

Seal)

(Corporate Seal)

(Attach Attorney-in-Fact Certificate)

PW Construction, Inc.

By:

Jason Bollinger

Title:

Vice President