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Bonds - Tunnelworks Services, Inc. - 2016-10-14 PAYMENT BOND PAGE 1 Bond No. 31656 • COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California sanitary district, has on awarded to Tunnelworks Services Inc. 13502 Whittier Blvd.Ste H Whittier,CA 90605 hereinafter designated as the"PRINCIPAL,' an AGREEMENT for the work described as follows: CMSD Project#314 Grade 5 Phase 4 Repairs. Said AGREEMENT is fully incorporated herein by reference. WHEREAS, said PRINCIPAL is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL. and (Name and Address of Surety) Western National Mutual Insurance Company 10851 N. Black Canyon Hwy.,Suite 630 Phoenix,AZ 85029 hereinafter designated as the"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: Seventy-two Thousand Four Hundred Seventy-five And No/100THS ( $72.475.00 ), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves and our heirs, executors and administrators, and successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said PRINCIPAL or his/her/its 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 required deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR 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. PAYMENT BOND PAGE 2 Bond No. 31656 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of Seetember , 2016 Tunneiworks Services Inc. 13502 Whittier Blvd. Ste H Whittier,CA 90605 PRINCIPAL By: Company Representative In accordance with the AGREEMENT, 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 an admitted surety. Western National Mutual Insurance Company SURETY 10851 N. Black Canyon Hwy.,Suite 630 Pho AZ 85029 B . 'etro Micciche,Attorney-in-Fact Corn any Representative APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary District By Is/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL 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 SEP 2 2 201S before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person%) whose name isles subscribed to the within instrument and acknowledged to me that he/yly executed the same in hisl)p ry( g((authorized capacity(DWs),and that by his4800314(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 fo -.oing paragraph is true and correct. E ( WITNESS my hand and official I. 001011r I � ire z Signature / Signature of Notary Public / ‘,1Lo!,F.n S(Cu LL, �y oxo s Pty, , 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(les)Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): 7,Corporate Officer — Title(s): Partner — Limed i_,General Partner — 11 Limited General Individual 1 1 Attorney in Fact Individual Attorney in Fact Trustee La Guardian or Conservator Trustee Guardian or Conservator __i Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Wel TERN Nanowu. fMl11'RsI,C{ ersiresispeseere POWER OF ATTORNEY KNOW AU.MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make,constitute and appoint Patricia Zenizo,Angel Nunez,Maria Rico,and Pietro Mieciehe Preferred Bonding Services(#9760) Its true and lawful Attorney(s)-in-Fact,with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto(if a seal is required)bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds,guarantees of Installment paper and note*sweaty-bond$ self4nsurance workers compensation bonds guaranteeing payment of benefits, hazardous,waste remedlation bonds orbleck.lung bonds),as-follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 001100(57,500.000) for any single obligation,regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.This appointment is made under and by authority of the board of directors at a meeting held on September 28,2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28,2010: RESOLVED that the president,any vice president,or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted teistich person. RESOLVED-fURTHERlhat any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (I) when signed by the president any vice president or assistant vice president, and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER 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, recognizance, or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 18th day of December ,2015. - (.44-4..---u-tP 4% £ !SEA.: y4-1,-- i"?.rte' ,•°� Jon R.Hebeisen,Secretary Larry A. Byers,Sr.Vice President STATE OF keNNESOTA,COUNTY OF DAKOTA On this 18th day of December. 2015, personally came before me,Jon R.Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally dispose and say;that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. it ,.,k. NOTIR FUOUC-ININEBOfA Jennifer A.Young,Notary Public --- W COMMON EWES 0014021 , My commission expires January 31.2021 CERTIFICATE I,the undersigned,assistant secretary of the Western National Mutual Insurance Company,a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. wu q"y� �~�Rils'• Z ,SEAL,'= c?...1.Pers/e4.) Q.yam- '"m�,k'�•. Signed and sealed at the City of Edina,MN thday of ScytkeAttizcatlaJennifer A.Young,Assistant Secretary