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Bonds - Robotic Sewer Solutions, Inc. - 2016-07-26 PREMIUM WRITTEN CONTRACT TERM SUBJECT TO ADJUSTMENT BASED UPON FINAL CONTRACT PRICE EXECUTED IN TRIPLICATE PAYMENT BOND BOND NO. 391113P PREMIUM:$1,200.00 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) (Private Contract) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT, a California sanitary district, adopt Labor and Materials Bond ensuring that laborers and materialmen are paid on said job, and ROBOTIC SEWER SOLUTIONS,INC. 1111 Foothill Blvd.,Suite B,La Canada,CA 91011 WHERAS, CONTRACTOR (NAME AND ADDRESS OF CONTRACTOR), designated as the 'Principal" has entered into a Contract for the work described as follows: CMSD#314 Grade 5 Repairs Phase 3 WHEREAS, said Principal is required by the provisions of said contract and of the Civil Code to furnish a bond in connection with said contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and Indemnity Company of California,500 S.Kraemer Blvd.,Suite 300,Brea,CA 92821 (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Forty-Eight Thousand and 00/100 Dollars ($48,000.00), said sum being not less than one hundred (100%) percent of the estimated amount payable under the terms of the contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts require deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR 1 and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. Said bond shall be exonerated 35 days after the Notice of Completion is recorded unless any pending claim remains unresolved. 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 hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the contract documents and/or of the work to be performed thereunder. All signatures shall be properly notarized and a properly authenticated power of attorney must be submitted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of July ,2016. Robotic Sewer1 j ns, •c. By/s /.ice/� ir s-7ref, eve Vossmeyer, Presided! In accordance with the Contract for CMSD #314 Grade 5 Repairs Phase 3, all bonds shall have been issued by an admitted surety insurer and the District reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by admitted surety. SURETY Indemnity Company of California By: - Company Repres- ive MARY SMITH,Attorney-In-Fact APPROVED A�I • O M: By/s/ Alan R. Burns, District Counsel Costa Mesa Sanitary District 2 , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189 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 of Los Angeles ) On July 26, 2016 before me, Emily Preciado, Notary Public Date Here Insert Name and Title of the Officer personally appeared MARY SMITH Name(s)of Signer(s) • who proved to me on the basis of satisfactory 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. WITNESS my hand and official seal. EMILY PRECIADO cr/ .i.-5--%�,COMM. #2145802 = , a� T4 i NOTARYPUBUC•CALIFORNIA Signature�1 � �ks.- S\ `= LOS ANGELES COUNTY ature of Notary Public ; My Comm.Expires Mar.11,2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 Signer(s) Signer's Name: _ Signer's Name: ❑Corporate Officer — Title(s): LI Corporate Officer — Title(s): Li Partner — ❑ Limited ❑General LI Partner — 1.1 Limited LI General ❑Individual U Attorney in Fact LI Individual I I Attorney in Fact El Trustee C]Guardian or Conservator LI Trustee I:.I Guardian or Conservator ❑Other: LI Other: Signer Is Representing: Signer Is Representing: /:�:.;;-.. :�;."iism;,.�:4,'.1.;.� 6�::� ,_'::�Gs,:,,,,,:�_/.:' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 C✓.C. .—. ,.i..:r, 'tv,—T,C t/tom:,,, c.-.,,.,. t{L,. 't :%� C . tet a,C C,. t 4.!,::. t,:,.,-:W',. .--i ti : .fcCL:mac a< C.. 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 of Los Angeles ) On July 27, 2016 before me, Mary Smith, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Vossmeyer Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person) whose name(' is/afe 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 b his/herftheir signature on the instrument the person ', or the entity upon behalf of which the person( 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. — °=r: MARY SMITH WITNESS �% �;^ = my hand and official seal. _,,��--;,-- _ ,, COMM. #20953911 -T--:„.?„); NOTARY PUBLIC•CALIFORNIA1 17/ I LOS ANGELES COUNTY 'k„ My Comm Expires 1AN28,2019 Signature L,A /- �� dr Signator of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document - Title or Type of Document: Document D. -: Number of Pages: Signer(s) Other Than Named Abo -: 1 Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑Corporate Officer — Title(s): H Corporate Officer — Title(s): Li Partner — ❑ Limited • general LI Partner — i,-I Limited LJ General ❑Individual ^ -omey in Fact LI Individual I.l Attorney in Fact El Trustee i=]Guardian or Conservator LI Trustee I I Guardian or Conservator ❑Other: LI Other: Signer Is Representing: Signer Is Representing: L:(.zv,,,�%:\✓:,J4.✓:,,,,,y.✓G<✓.:,,,,.G�.4'✓41v: .-✓4t✓3w,,4C✓'.\S4\',,,,,k .-.'4 :4s./V._'!.ti'-"•4':.-'!:,1%7. 4�C:, ,'!:�':4�-•54�':4 K':'e _!: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 4 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Steve Brockmeyer,Ronald C.Wanglin,Mary Smith,Emily Preciado,jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29,2015. B : C� I - G2 ��V AND �MPANyo� y Daniel Young,Senior Vice-President `� �JQ`Go(iP0l�y7 Fly �G pAPOgq� ��L w OCT. Fo ''c F OBy: GtO 1936 1967 `P = Mark Lansdon,Vice-President 7 'OWP a ti q r1 -a </FOA 1. 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 of Orange On January 29,2015 before me, Lucille Raymond,Notary Public I Date Here Insert Name and Ttle of the Officer personally appeared Daniel Young and Mark Lansdon Name(s)of Signer(s) who proved to me on the basis of satisfactory 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/heir signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted,executed the instrument Commission#►2081915 i Na.:,-.)4 Notary Public-California z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is zir R Orange County true and correct. ;— ————— Y My Comm.E irea Oct 13,2018 j — — — - --- - - -` WITNESS my hand and official seal. Place Notary Seal Above Signature Lucill y ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of I'I said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 26th day of JULY , 2016 By: eit.42(z,- . Cassie J. rrisford,Assistant S tary ID-1380(Rev.01/15)