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Contract - Mike Kilbride, Ltd. - 2016-12-14 I. PUBLIC WORKS AGREEMENT SEWER MAIN REPAIR AT LIGHT POLE ADJACENT TO 2285 NEWPORT BLVD. (CALTRANS DAMAGE) This agreement (hereafter "AGREEMENT") is made and entered into this . .This day of December, 2016, by and between the Costa Mesa Sanitary District, a sanitary district (hereafter "DISTRICT"), and Mike Kilbride, Ltd., a California corporation (hereafter "CONTRACTOR"). 1. Scope of the Work. CONTRACTOR agrees to furnish to DISTRICT all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in Exhibit "A," attached hereto and incorporated by reference. The services described in Exhibit "A" II' shall be referred to as the "PROJECT." The PROJECT shall be subject to, and performed in accordance with, this AGREEMENT, the attached exhibits, and all applicable local, state, and federal laws, rules, and regulations. 2. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for all work agreed to herein the sum of: Twenty Seven Thousand, Five Hundred and 00/100Dollars ($27,500). 3. Time of Performance and Liquidated Damages. Time is of the essence of this AGREEMENT. The work shall commence within five (5) days of DISTRICT issuing a "Notice to Proceed" and shall be completed within Thirty (30) working days thereafter. CONTRACTOR shall forfeit as liquidated damages the amount of Two Hundred Fifty Dollars ($250) per calendar day to compensate DISTRICT for the loss of use of the public facility. The parties agree that liquidated damages only measure the damage to the public caused by loss of use or untimely completion of a public facility and that actual damages may also be recovered in addition to liquidated damages. DISTRICT may deduct liquidated damages and actual damages from payments owed to CONTRACTOR. 4. Extra Work and Change Orders. At any time during the term of this AGREEMENT, DISTRICT may request that CONTRACTOR perform EXTRA WORK. "EXTRA WORK" means any work that is necessary for the proper completion of the PROJECT but which the parties did not reasonably anticipate would be necessary at the time of execution of this AGREEMENT or work outside of this AGREEMENT that is requested by DISTRICT. CONTRACTOR shall not perform, nor be compensated for, EXTRA WORK without a written change order that is authorized and signed by DISTRICT. The written change order requirement cannot be waived. 1 PW K 30U 12 10 If CONTRACTOR encounters conditions that require EXTRA WORK, CONTRACTOR must notify DISTRICT in writing in a written change order request within fifteen (15) days of encountering said conditions. The failure to submit a written change order request shall constitute a waiver of CONTRACTOR's claim for additional time or compensation for EXTRA WORK. The written change order requirement cannot be waived. The following formula shall be used to measure CONTRACTOR's damages or EXTRA WORK. CONTRACTOR shall be limited to the following: Direct costs Mark-up Labor 20% Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first $5000) Subcontracted work 5% (work in excess of first $5000) Specialty Subcontracting 5% (Provided at least three (required by EXTRA WORK) competitive bids are obtained and contractor selected the lowest bidder) Excluded from recovery shall be "Eichleay damages" including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest. CONTRACTOR acknowledges that CONTRACTOR's recovery for damages or EXTRA WORK is limited as provided in this paragraph. CONTRACTOR's Initials ,�1MN� 5. Contractor's Performance and Qualifications. CONTRACTOR shall perform all services required under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed by persons and professionals in the same discipline in the State of California. CONTRACTOR represents and maintains that it is skilled in the calling necessary to perform the PROJECT. CONTRACTOR warrants that all employees and subcontractors have sufficient skill and experience to perform the services assigned to them. CONTRACTOR represents that it, its employees, and subcontractors have all of the licenses, permits, qualifications, and approvals that are legally required to perform the PROJECT, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this AGREEMENT. CONTRACTOR agrees that CONTRACTOR has the contractor's license required to do this job, and any other 2 PWK 30U 12 10 contractor's license requested by DISTRICT, and that CONTRACTOR's License No is: 738400. 6. Bidding. This paragraph only applies if this AGREEMENT was awarded following a competitive bid. If CONTRACTOR submitted a subcontractors list, CONTRACTOR may only substitute a listed subcontractor by complying with the Subletting and Subcontracting Fair Practices Act. (See Public Contract Code §§ 4100 et seq.) CONTRACTOR cannot perform work using a subcontractor who is debarred. CONTRACTOR hereby assigns unfair business practices claims (Clayton Act and Cartwright Act) to the DISTRICT. CONTRACTOR declares by signing this AGREEMENT that CONTRACTOR did not collude to obtain this job. (Public Contract Code § 7106.) 7. Prevailing Wages. This is a Public Work. (Labor Code § 1781.) This job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. (Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Said amounts are listed at http://www.dir.ca.gov/dIsr/pwd/index.htm. CONTRACTOR understands that CONTRACTOR is required to pay prevailing wages, unless exempt, and is required to maintain prevailing wage records and comply with statutory requirements relating to certified copies of payroll records. (Labor Code § 1776.) CONTRACTOR shall defend, indemnify, and hold DISTRICT, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the prevailing wage laws. CONTRACTOR recognizes that state law makes eight (8) hours a legal day's work, and any worker working in excess of that time must be paid overtime. (Labor Code § 1810.) Statutory provisions for penalties for failure to comply with wage and hour laws will be enforced. (Labor Code §§ 1775, 1813.) CONTRACTOR must comply with statutory requirements relating to the employment of apprentices. (Labor Code § 1777.5.) 8. Workers' Compensation. CONTRACTOR must secure the payment of workers' compensation to its employees. (Labor Code § 1860; Civil Code § 3400.) By signing this AGREEMENT, CONTRACTOR acknowledges the following: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 3 PWK 30U 12 10 9. Progress Payments. Progress payments may be authorized if this job will take in excess of thirty (30) days. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) calendar days and to comply with the provisions of Public Contract Code Section 20104.50. If this AGREEMENT is for at least Five Thousand Dollars ($5,000.00) and progress payments are made, DISTRICT will retain five percent (5%) of the total contract amount until sixty (60) days after the notice of completion is filed. (Public Contract Code §§ 7107, 9203.) CONTRACTOR may substitute securities in lieu of retention pursuant to Public Contracts Code Section 22300. 10. Insurance. A. Time for Compliance. CONTRACTOR shall not commence work under this AGREEMENT until it has provided evidence satisfactory to DISTRICT that it has secured all insurance required under this Section. In addition, CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to DISTRICT that the subcontractor has secured all insurance required under this Section. B. Minimum Requirements. CONTRACTOR shall, at its expense, procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the AGREEMENT by CONTRACTOR, its agents, representatives, employees, or subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the AGREEMENT. Such insurance shall meet at least the following minimum levels of coverage: i. Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. ii. Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: (1) General Liability: One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile 4 PWK 30U 12 10 Liability: One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. C. Insurance Endorsements. The insurance policies shall contain the following provisions, and a separate endorsement stating to add the following provisions to the insurance policies shall be submitted and approved by DISTRICT: i. General Liability. The general liability policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of CONTRACTOR, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of CONTRACTOR's insurance and shall not be called upon to contribute with it in any way. ii. Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by CONTRACTOR or for which CONTRACTOR is responsible; and (2) the insurance coverage shall be primary insurance as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of CONTRACTOR's insurance and shall not be called upon to contribute with it in any way. iii. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against DISTRICT, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by CONTRACTOR. iv. All Coverages. Each insurance policy required by this AGREEMENT shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to DISTRICT; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of 5 PWK 30U 12 10 warranties, shall not affect coverage provided to DISTRICT, its directors, officials, officers, employees, agents, and volunteers. D. Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to DISTRICT, its directors, officials, officers, employees, agents, and volunteers. E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by DISTRICT. CONTRACTOR shall guarantee that, at the option of DISTRICT, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or (2) CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to DISTRICT. G. Verification of Coverage. CONTRACTOR shall furnish DISTRICT with original certificates of insurance and endorsements effecting coverage required by this AGREEMENT on forms satisfactory to DISTRICT. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by DISTRICT if requested. All certificates and endorsements must be received and approved by DISTRICT before work commences. DISTRICT reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Indemnification. CONTRACTOR shall defend, indemnify, and hold the DISTRICT, its officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages, and injuries to property or persons, including wrongful death, where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of CONTRACTOR, save and except that caused by DISTRICT's sole or active negligence or willful misconduct. 12. Bonds. If this PROJECT is over Twenty-Five Thousand Dollars ($25,000.00), CONTRACTOR must post a payment (labor and materials) bond and faithful performance bond, both in the amount of 100% of the bid amount, both on DISTRICT's forms. (Civil Code § 9550.) No work shall be performed until all insurance 6 PWK 30U 12 10 and bonds required by this AGREEMENT are on file and this AGREEMENT has been properly executed. 13. Warranty. CONTRACTOR shall perform, at its own cost and expense and without reimbursement from DISTRICT, any services necessary to correct errors or omissions which are caused by CONTRACTOR's failure to comply with the standard of care provided for herein. CONTRACTOR shall guarantee work done on the PROJECT for a one-year (1) period commencing on the date of substantial completion. CONTRACTOR shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 14. Termination. DISTRICT reserves the right to terminate this AGREEMENT at any time, with or without cause. CONTRACTOR will be entitled to payment for work performed up until receipt of the notice of termination unless CONTRACTOR was in default in CONTRACTOR's performance. Any employee of CONTRACTOR or its subcontractors who is determined by DISTRICT to be uncooperative, incompetent, a threat to the adequate or timely completion of the PROJECT, or a threat to the safety of persons or property, or any employee who fails or refuses to perform PROJECT in a manner acceptable to DISTRICT, shall be promptly removed from the PROJECT by the CONTRACTOR and shall not be re-employed to perform any of the PROJECT. 15. Miscellaneous. DISTRICT acknowledges that if it provides CONTRACTOR with locations of underground pipelines and DISTRICT is incorrect and those utilities must be relocated, DISTRICT will pay for those relocation costs in accordance with statutory requirements. (Government Code § 4215.) CONTRACTOR agrees to provide DISTRICT with notice of any hazardous materials or subsurface or latent physical site conditions if encountered if this work involves excavations deeper than four feet (4'). If this work exceeds Twenty-Five Thousand Dollars ($25,000.00) and the excavations exceed five feet (5'), CONTRACTOR must provide a detailed trenching plan. (Public Contracts Code § 7104; Labor Code § 6705.) DISTRICT shall give CONTRACTOR timely notice of third-party claims. For claims that are less than Three Hundred Seventy-Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Sections 20104 et seq. (Article 1.5— Resolution of Construction Claims) shall be followed. CONTRACTOR is and shall at all times remain as to DISTRICT an independent contractor. No employee benefits shall be available to CONTRACTOR in connection 7 PWK 30U 12 10 with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONTRACTOR for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing any services hereunder. This AGREEMENT shall be interpreted in accordance with the laws of the State of California. Any action brought between the parties shall be commenced in the superior or federal district court with jurisdiction over the DISTRICT. This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREEMENT and any attachment hereto, this AGREEMENT shall control in all respects. CONTRACTOR shall provide DISTRICT with drawings of the construction in its "as built" condition. COSTA MESA SANITARY DISTRICT CONTRACTOR Approved by Reviewed and Accepted by: ''''"? .---'----z--- liff:-)' Mike Kilbride eneral Manager Approved as to Content: Signature:LiNiie Signature: lüJ264Attt Title: Rob Ham s ill d—R4,441.. `• District Engineer Approved as to Form: 0 4-14-0 7,e.4,e-.--7 Harper & Burns LLP District Counsel 8 PWK 30U 12 10 DATE (MMIDDIYWY) A`GRDR CERTIFICATE OF LIABILITY INSURANCE 11103/2016THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (760)837-3826 Fax: (760)837-3896 C13"rACT M.L.Adams Insurance Services M.L.ADAMS INSURANCE SERVICES NAME - -- 42-280 BEACON HILL,SUITE D-7 ( No,6() (T60j 837 626 AiC Nat A (760)837 3896 E-MAIL www.mladamsins.com PALM DESERT CA 92211-5168 ADDRESS INSURER(S)AFFORDING COVERAGE NAIL# Agency Lam:0609232 INSURER A Colony Insurance Co INSURED INSURER B State Compensation Insurance Fund -----_--_--- MIKE KILBRIDE,LTD. ompen COAST WATER AND POWER INSURER C Great American E&S Insurance Co P.O.BOX 3341 NEWPORT BEACH CA 92659 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 22522 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TYPE OF INSURANCE 'ADDL SUER; POLICY @P j POLICY EXP i; LIMITS LTR 4 INS° VVVD POUCY NUMBER _ I O/yyyY) � DDNY Yr I A X I COMMERCIAL GENERAL LIABILITY X X '. 103GL0015876-00 10/30/16 10/30/17 EACH OCCURRENCE $ 1,000,000 1 1 1 1 CLAIMS-MADE ! X OCCUR DAMAGE TO RENTED I$ 100,000 1 ( I PREMISES(Ea occurence) MED.EXP(Any one person) E 5,000 GEN'L AGGREGATE LIMIT APPLIES PER: A G 1 i .PERSONAL 8 ADV INJURY $ 1,000 000 '� i GENERAL AGGREGATE '$ 2,000,000 �, O POLICY X I-JEPRCT- I'1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 I OTHER: $ 1 COMBINED SINGLE LIMIT -_- AUTOMOBILE LJABRITY I(Ea accident) ,$ :ANY AUTO__ I AL OS OWNED _--- BODILY INJURY(Per person) $ { SCHEDULED I 1 ' BODILY INJURY(Per accident) 1 S I � 1 NON OWNED ` HIRED AUTOS PROPERTY DAMAGE -- _ -- -- ----- 1 I ..-._..I AUTOS 1 (Per dent) 5 4 ---- ---------- - -+— - --_._-_..---...- i C t l uMERELLA UAB [X -OCCUR . --- ----- -- XS3306768-02 10/30/16 10/30/17 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB 1 CLAIMS MADE! AGGREGATE $ 2,000,000 AND DED PLOYEnCOMsETEwTIO TMS_-----_ _ ----- -.__._._. --- - ----- moi-- ----__ -__- ~ .. $ -- -- --- B AND OYER OCCLUDED? IA LEm X 9087110-16 10101/16 10101117 X Turf � )°R 1,000 000 1 ANY PROPRIETOR/PARTNER/EXECUTNE Y/N E L EACH ACCIDENT $ 1,000,008 OFFICOUMEMBER(Mandatory in NH) . •, NIA I E.L.DISEASE-EA EMPLOYEE $ INCLUDED 1 I yes,descnbe under I E DESCRIPTION OF OPERATIONS below I .L.DISEASE-POLICY LIMIT $ INCLUDED I I I I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 141.Additional Remarks Schedule,may Be attached it more space is required) RE:ALL OPERATIONS THE COSTA MESA SANITARY DISTRICT,irs ELECTED AND APPOINTED OFFICIALS,AGENTS,OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS PER FORM CG 2012 0413 ATTACHED. PRIMARY WORDING PER FORM CG 20 01 0413 ATTACHED. 30 DAYS NOTICE OF CANCELLATION PER FORM ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE COSTA MESA SANITARY DISTRICT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 628 W.19TH ST. ACCORDANCE WITH THE POUCY PROVISIONS. COSTA MESA,CA 92627 `AUTHORIZED REPRESENTATIVE ,i Zff -— Attention: Michael L.(Mike)Adams ACORD 25(2014/01) b 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 103 GL 0015876-00 POLICY NUMBER: 103 GL 0015876-00 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: COSTA MESA SANITARY DISTRICT, ITS ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES 628 W 19TH AVE COSTA MESA, CA 92627 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality;or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section HI—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement,the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or agreement, the insurance afforded to such 1. Required by the contract or agreement; or additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 103 GL 0015876-00 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 103 GL 0015876-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - DESIGNATED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): COSTA MESA SANITARY DISTRICT The Person(s) or Organization(s) listed or described in the SCHEDULE above have requested that they receive written notice of cancellation when this policy is cancelled by us. It is agreed that should this policy be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice (10 days for non-payment of premium)to the additional insured. The notification of cancellation of the policy is solely for the purpose of informing the Person(s) or Organization(s) shown in the SCHEDULE the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. Our failure to provide such notification will not extend any policy cancellation date nor impact or negate any cancellation of the policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U900-0513 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. PAYMENT BOND PAGE 1 Bond No. 71857591 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation, by authority of General Manager, has awarded to Mike Kilbride, Ltd., dba Coast Water& Power 2072 Placentia Avenue Costa Mesa, CA 92627 Hereinafter designated as the"Principal", a contract for the work described as follows: Remove street light and repair sewer main at 2285 Newport Blvd., Costa Mesa 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 WESTERN SURETY COMPANY. 333 S. Wabash Avenue, 41st Floor, Chicago IL 60604 (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: Twenty-- Seven wenty-Seven Thousand Five Hundred Dollars ($27,500.00). said sum being set per Civil Code Section 9554 at 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 9100 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 to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance 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 9100 so as to give a right of action to them or their assigns in any suit brought upon the bond. WELLS FARGO All-purpose Acknowledgment California only 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 \ e‘5] c On g.raul\, before me, \f--e l tC i 1( ��� M7100(ackblG (here insert name and title of the officer), personally appeared t""1'C.\GQ 1 RCA CA MS who proved to me on the basis of satisfactory evidence to be the i/11111III/III/IIu/SI111111I$uui:alarp person(yWhose name/are subscribed to the within instrument . t and acknowledged to me that she/they executed the same i is : . 1 ROJO ;: her/their authorized capacilyijosrand that by her/their signaturL .••r.';'�. COMM.#2115678 GAMMA on the instrument the erson�l/or the entityupon behalf of which the s+` ' HOMY �� persons tied,executed the instrument. p • ` � RIVERSIDE Df ItiCaawidoaipiMOYr MOU 3 41111111111/111111/1111111111111111111' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature Description of Attached Document`,�,, ` -Co ,�� �( Type or Title of Document �� IT I ' IREk � Y (��t~ �z�1.0 l.' �1 U S-4-59 1. Document Date C 1''\, D-C)1'' Number of Pages a Signer(s)Other Than Named Above Some Witted Stens sM.ok uao Alf Sana : Manual SWsnluho nine to Deposit OpnNms _ 1 DSGS3sou)11..03.D3nS) FOO I-000DSG5350CA-0 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189 ,i',.;/7,:x7 ....... :a N. •... . •.. ..•..t.•7,7 � ... 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 (044,Q On 3!r 11/'f7 before me, A` J J t 5 0 - Date -Date ,(� Here Insert Name and Title of the Officer personally appeared e.rV i)S j\ <d t Z-- 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 ha',official seal. PHYLUS D.BECK ' Commission•2120560 Signature . Lir Notary Public-California gnature of Nor - blic Orange County Comm. Oct 27 2019 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: El Corporate Officer — Title(s): LI Corporate Officer —Title(s): LI Partner — ❑Limited la General ❑Partner — ❑Limited U General LI Individual U Attorney in Fact ❑Individual ❑Attorney in Fact i�Trustee LI Guardian or Conservator ❑Trustee ❑Guardian or Conservator El Other: El Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 71857591 In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney's fees as fixed by the court. And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals this S day of '+[Y'I cuLa. ,2017 Michael Kilbride, Ltd. Dba Coast Water and Power 2072 Placentia Avenue Costa Mesa, CA 92627 PRINCIP By: Company Representativ (signature to be notarized) In accordance with the AGREEMENT, ail 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 By: , /yC • Company Representative APPROVED AS TO FORM: Ft-e--CtSe- District Counsel P4VCA1/(216� Costa Mesa Sanitary District �i ,! 1 FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 71857591 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California Sanitary District, has by authority of General Manager, awarded to Mike Kilbride, Ltd. Dba Coast Water& Power 2072 Placentia Avenue Costa Mesa, CA 92627 hereinafter designated as the PRINCIPAL," an AGREEMENT for the work described as follows: Remove street light and repair sewer main at 2285 Newport Blvd., Costa Mesa. Said AGREEMENT is fully incorporated herein by reference. WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT. NOW,THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety) WESTERN SURETY COMPANY, 333 S. Wabash Avenue, 41st Floor, Chicago IL 60604 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: Twenty-Seven Thousand, Five Hundred Dollars($27,500), 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, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened PRINCIPAL, his/her/its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. VVestern Surety POWER OF ATTORNEY-CERTIFIED COPY Bond No. 71857591 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 L ADAMS 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: Mike Kilbride, Ltd dba Coast Water and Power Obligee: Costa Mesa Sanitary District 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 Senior 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." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of January 10 , 2017 ,but until such time shall be irrevocable and in full force and effect. t1Mt � �f Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its cortf,41.131ie.0414,this 19th day of December 2016 w' ` 04'a4\WEST.' SURE COMPANY L��.*�A Paul T. at,Vice President CO ss On this MO 19th day of December ,in the year 2016 ,before me,a notary public,personally appeared Paul T. Bruflat, 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 and deed of said corporation. y...rrMtirr.11MMrr40MMr `-�r/, J. MOHR •• • + NOTARY PUBLIC • Notary Public-South Dakota �• SOUTH DAKOTA ▪%%%%4%10.440%%.%%%1060.04 , �%% O• My Commissi4on Expires June 23, 2021 I the undersigned officer 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 nnw in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 19th day of December 2016 , WEST SURE COMPANY 7— Paul T. at,Vice President To validate bond authenticity,go to www.cnasuretv.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306.1-2016 WELLS FAIIG0 . Ali-purpose Acknowledgment California only 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 2,-v_e f S ira c, On , 1��bV%efore me, 1\ \2ey) NO\'OIU( b\'(.. (here insert name and title of the officer), personally appeared nk Cho e\ P `c r E who proved to me on th basis of satisfactory evidence to be the person( whose name )s are subscribed to the within instrument 1I111I1111111it1gi11111111I1110e'est" ' and a nowledged to me tha ne he/they exec ted the same i; A +'' �' g ROJO • her/their authorized ca aci (psi;and that b is er/their si nature(s1` ���_ • p tY Y 9 ,,; ,4).->;'+,. C01Mrt.Ii2'11�T8 on the instrument the persor a or the entity upon behalf of which the 8 �_`;' -, E' person( cted,executed the instrument. • ,T',�� =nay 4. Mt GonraMron liYM OlirffOD1Y I certify under PENALTY OF PERJURY under the laws of the State of - California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature C.-A-L-1. Description of Attached Document Type or Title of Document r`�r�me r\4 C)ord Document Date 9-\a-u\ O`C'"Dr Number of Pages Signer(s)Other Than Named Above Sonne WWI Slow should son lYe t l i . Manual SdNaMn Rant h Pewit Qyemuan O950CAiR.v01-01I15) F001-000DSG5350CA-0I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 , •......•,,•.,r.sem....v • 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 <AAi € ) [� On .�/c9"1/7 before me, 4///S b. >e eek Date Here Insert Name and Title of the Officer personally appeared 1)e rQ rWl 5 leg I 7 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 official seal. D --�Ww� PFIYLLIS .!Ep( I , Commission D4;2128560 ,(.-�i, � Signature Notary Public•California 0 County 4-1eY > atureof Nota Public Nh' E� Ins Oct 27 2019 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: ri Corporate Officer — Title(s): ❑Corporate Officer — Title(s): {�Partner — ❑Limited LI General ❑Partner — ❑ Limited 0 General LI Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact 0 Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 PAYMENT BOND PAGE 2 Bond No, 71857591 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 19th day of December ,2016. Mike Kilbride,Ltd dba Coast Water and Power Contractor Name 2072 Placentia Avenue Street Address Costa Mesa,CA 92627 City,State,Zip Cods PRINCIP Company Representative In accordance with the Contract for Sewer Main Repair , all bonds shall be 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 SURETY COMPANY Name 333 S.Wabash Ave.,41st Floor Street Address Chicago,IL 60604 City,State,Zip Code SURETY Company Rresentative APPROVED AS TO FORM: Alan R. Bums, District Counsel Costa Mesa7anitafy D tris By/s/ fly^ Western Surety POWER OF ATTORNEY-CERTIFIED COPY Bond No. 71857591 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 L ADAMS 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: Mike Kilbride, Ltd dba Coast Water and Power Obligee: Costa Mesa Sanitary District 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 Senior 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." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of January 10 2017 ,but until such time shall be irrevocable and in full force and effect. ylifkt/ � Ir4Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its 11:1"be. this 19th day of December , 2016 ` 04 %IA : gQ' y=: WEST.' R ►, SURE COMPANY ST> i S Ii �A Paul T. ruflat,Vice President rr `a +�; ss COUI�(7ts4aUtitiO� On this 19th day of December ,in the year 2016 ,before me,a notary public,personally appeared Paul T. Bruflat, 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 and deed of said corporation. aaaaaa J. MOHR i e1 i NOTARY PUBLICiad Notary Public-South Dakota SOUTH DAKOTA s i +aYHY4aaaa aa4Nrti 40000. ti.+ My Commission Expires June 23, 2021 I the undersigned officer 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 19th day of December , 2016 WEST SURE COMPANY Paul T. ruflat,Vice President To validate bond authenticity,go to www.cnasuret .com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-1-2016 FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 71857591 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California Sanitary District, has by authority of General Manager, awarded to Mike Kilbride, Ltd. Dba Coast Water& Power 2072 Placentia Avenue Costa Mesa, CA 92627 hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows: Remove street light and repair sewer main at 2285 Newport Blvd., Costa Mesa. Said AGREEMENT is fully incorporated herein by reference. WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety) WESTERN SURETY COMPANY, 333 S. Wabash Avenue, 41st Floor, Chicago IL 60604 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: Twenty-Seven Thousand, Five Hundred Dollars($27,500), 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, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened PRINCIPAL, his/her/its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 71857591 In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney's fees as fixed by the court. And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 8 day of 'YY1 d.JL( ,2017 Michael Kilbride, Ltd. Dba Coast Water and Power 2072 Placentia Avenue Costa Mesa, CA 92627 PRINCIP By: Company Representativ (signature to be notarized) 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 admitted surety. SURETY By: Company Representative APPROVED AS TO FORM: District Counsel PF'"\`VCLZ Costa Mesa Sanitary District By/s/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .: c e •mac C Com.. . . C cam..cam. < c .-7:C C C . < ¢ . . 5 . . ¢ C c . c e ,,, C L 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 ((l iceje4A)Ge, ) On 3! 'f/7 before me, `t)/1 1 ]J(S 0 • lie ec-'; , Date Here Insert Name and Title of the Officer personally appeared )5ev n/)S ) (4 12-- , a. 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 han• - • official seal. �� PHYLLIS D.BECK / • Signature _ Gii/ 1r ' _ Commission#2128560 = s�I Notary Public-California t'ignature of Nota 'ublic 't.' r`) Orange County M r Comm. Oct 27,2019 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): H Corporate Officer — Title(s): ❑ Partner — H Limited ❑ General ❑ Partner — ❑ Limited H General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact H Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator H 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 WELLS FARGO All-purpose Acknowledgment California only 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 v \ e s(s\ (�e On g,ral'' ` before me, 1f-e 1 1e, k... JV5i01LC, (here insert name and title of the officer), J � personally appeared V\ \ C.hC&Q ' R GMS who proved to me on the basis of satisfactory evidence to be the ii1Ilfllruuu1uu1ul7uuU I ua ao person(ywhose name/are subscribed to the within instrument . a. and acknowledged to me that ie she/they executed the same i is IRENE ROJO her/their authorized capacitand that by9her/their signatures .,. ►"�- COMM.#2115878 '21-1i NOTARY PUBLIC.CAUFORNIA on the instrument the personyor the entity upon behalf of which the Y. \ ' RivERsioe COUNTY persons acted,executed the instrument. • r: ` • 6yCarolinian Expires ORlt612Dt6 e 'Iulm$nuuIunuulnuuuIIu$"r I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature Description of Attached Document �, ` (� c�Type or Title of Document �61��` v ?e(-"U,( m(An L-e ex,r611 U S-4-5c I. Document Date I? - 1 D- ) I Number of Pages Signer(s)Other Than Named Above Scanner Enabled Stores should scan this form 111 1111 11 1111111 11 Manual Submission Route to Deposit Operations D56535001(Rev01-01/15) F00 I-000DSG5350CA-01 PAYMENT BOND PAGE 1 Bond No. 71857591 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation, by authority of General Manager, has awarded to Mike Kilbride, Ltd., dba Coast Water& Power 2072 Placentia Avenue Costa Mesa, CA 92627 Hereinafter designated as the "Principal", a contract for the work described as follows: Remove street light and repair sewer main at 2285 Newport Blvd., Costa Mesa 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 WESTERN SURETY COMPANY. 333 S. Wabash Avenue, 41st Floor, Chicago IL 60604 (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: Twenty- Seven Thousand Five Hundred Dollars ($27,500.00), said sum being set per Civil Code Section 9554 at 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 9100 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 to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance 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 9100 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. 71857591 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 19th day of December ,2016. Mike Kilbride,Ltd dba Coast Water and Power Contractor Name 2072 Placentia Avenue Street Address Costa Mesa,CA 92627 City,State,Zip Code PRINCIP faz By: Company Representative In accordance with the Contract for Sewer Main Repair , all bonds shall be 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 SURETY COMPANY Name 333 S.Wabash Ave.,41st Floor Street Address Chicago,IL 60604 City,State,Zip Code SURETY C \' By: Q0-r- Company Representative APPROVED AS TO FORM: Alan R. Bums, District Counsel Costa Mesa Sanitary District By/s/ 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 7 44)6-e— ) On .51& /7 before me, 4///S b. le E'CD k Date Here Insert Name and Title of the Officer personally appeared 1D E&r1/1 S leu j 7 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 official seal. PHYLLIS D.BECK q►, ;��; Commission#r 2128560 Signaturep®- !,-`�p Notary Public-California s✓ - , Orange County gnature of Nota Public My Comm.Ex fires Oct 27,2019 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): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ 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 WELLS FIGO All-purpose Acknowledgment California only 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 V_P S -e. On Q:\ \DAefore me, \1 gine, (\2_(-)-)0 yh\1Cofficer), (here insert name and title of the personally appeared M,1 C U 1 Pocxrn� who proved to me on th basis of satisfactory evidence to be the person( whose name )s are subscribed to the within instrument =11111111111111111111111111111111111111. and ancnowledged to me tha a he/they executed the same i 406, IRENE ROJ • O her/their authorized ca acit (i and that b is er/their si nature(sl- >t #2116678 p Y� Y� 9 �:lr COMM.AMM' rt - NOTARY PUBIJC•CA FORNIA on the instrument the persor�'or the entity upon behalf of which the � -na, person(sacted,executed the instrument. 1‘:.4•� �� COUNTY // ID IS E My Carmbebn Spires O6/14f2019 71111111111111111111111111111111111/1' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature _ • Description of Attached Document Type or Title of Document meI' u d Document Date 9-01 Number of Pages Signer(s)Other Than Named Above Scanner Enabled Stores should scan this fon Manual Submission Route to Deposit Operations 11 11111 1111 DSG53500(Rev01-01/15) F001-000DSG5350CA-01