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Bond - Performance Pipeline Technologies -2016-11 PAYMENT BOND PAGE 1 Bond No. 1001018545 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 November , 2016 awarded to Performance Pipeline Technologies hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows: #314 Grade 5 Phase 6 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, PERFORMANCE PIPE LINE TECHNOLOGIES 5305 INDUSTRIAL DRIVE HUNTINGTON BEACH, CA 92649 AND AMERICAN CONTRACTORS INDEMNITY COMPANY 601 S. FIGUEROA STREET, #1600 LOS ANGELES, CA 90017 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: Forty-Four Thousand, One Hundred Seventy-Five and no/100 ($44,175.00), 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 PAGE2 Bond No. 1001018545 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 day of November, 2016. Performance Pipe Line Technologies 5305 Industrial Drive Huntington Beach,CA 92649 Gene Glassburner By: 0 """ 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. SURETY: AMERICAN C RACTORS INDEMNITY COMPANY ey; Mi !R. an,Attorney in Fact Company Representative APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary Distri By/s/ 0444,...,1 1 PAYMENT BOND PAGE 2 Bond No. 1001018545 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 30TH day of November, 2016. Performance Pipe Line Technologies 5305 Industrial Drive Huntington Beach, CA 92649 Gene Glassburner By: a, 0------- 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. SURETY: AMERICANC TRACTORS INDEMNITY COMPANY By: Mich- ! R. Ligan, Attorney in Fact Company Representative APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary District By/s/ 1 ACKNOWLEDGMENT A notary pubic arother al6oeroompiefing this mite venles only the identity of the individual who steed the docienerrt b which this certificate b attached,and not the truthadness,acctracy,or vlty of that document State of California County of Los Arm on NI.oV • -bo 2_0 I Io be��• NEVINE F, AYAD, NOTARY PUBLIC (nett name and lie rifle officer) personalty appeared R.Langan • who proved to me an the basis of saiebcy evidence b be the subscribed is the wain instrument and acbiowie ged b me that whose 'sties l reed6wsira !esreaiand that by hisinellIller signs/Import the n the same Kh,or the entity ' which p ached, the the I certify par ph undern under nder the km of the Sale of California that the foregoing WITNESS my hand and(Add sea I .A . NEVINE F.AYAD ' J - ' MM ` CO .#2024775 -�' Notary Public-California }�(�q� X27= :LOS ANGELES COUNTY A S1gr re �a it F-A J „Acannt Exp.Oct.24,2020 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MENBY THESE PRESENTS:That American Contractors Indemnity Company, alifornia corporation,United States --, S y =a Maryland corp dtion and IIS U.S. Specialty Insurance n -y as corporation fl v , rt these presents ma 4Ce,constitute and appoint: Michael R.Langan of Pasadena alifornia its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute acknowledge and deliver any and all bonds,recognizances,undertakings or h instruments or contracts �t t i u m de riders, amendts, aril' nseltts of surety, pr in the >srL penalty does not exceed **_ 'art l or ndred Sixty Three Th 'l,tsand* ' ** Dollars (S _ * -= This Power of Attorney shall exp tl t fwtter tion on December 08,2010 This Priv.1'er of Attorney is --_ r and=by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions - - . ..eWn y given full power and at the city for in the name of and on behalitloppmm toAmeszcknowledge and dem bo izinsceagreements or ttrdemhft,y,and other,1enndition t or obligatory trerWanw inlay arm all consents fob thereunder,a / inah estiinstrmates on e gine rin by any such a on Attorney-in-Fact contracts,and any and a �a tscanc�ng or terminating � y's fity �rcenm mafi estimates engineering construe on a su Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any-bondor undertaking to which it is attached_ — I III 1 IN WITNESS WHEREOF,The Co a crus t instrument to be signed and they corporate seals to b e i 1, 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY t OIrile cls o0akcroga o' ' i iX Aaymeu„q 4 / dry n +1.... :c"c %es r- .. 8 Danier Aguilar,Vice President State of California ", oa*v° ''.r *nnn,'r r„.„„*n,,,,�, County of Los Angeles SS: On IOth day of December,2012,i re W i a notary public,pei sr�ptially aph tired Daniel P.Aguil e er y American Contractors Indemnity 2t M lintedStores Surety Company and LJ S. Specialry Insurance Company__p +edtwme= on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. 1 ttrALTY OF PERTU 'tinder 1 laws of the State of _ t _ing paragraph W . c — end official seal. is .. , 410, , c-.__'---0%WM Signature4. (Seal) :s Nobly%Mk-Callotele NAS gimbal LON ttm Insurance Cody,do herebyceh It b t re oin is a true an correct Ates Surety Company and-U I,Jeannie Lee, United Secretary Indemnity Company 0 py of a Power of A ed said which is still in fer -_ ore,the resolution Assistant o tca� trsom an �, Companies, g g of the Boards of Directors,sett Attorney are in full force and effect. ©t 2 y.� In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this •+ day of_ O V Z.f21lor torateals - = l n i.„„ `,unmuur„rrrr, i MCTOgr n Al;Su y, ,Weare�y 100 I01 4651{5 V P ,, a ' Bond No. `�` :s= .0: .o= syr + Jeannie Lee, sistant Secretary Agency No. 3129 s:.®.>b,.m;� ri a ;; r :t