Bonds - Tunnelworks Servcies, Inc. - 2017-11-21 FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No. 1001084539
Bond Premium:$861.00
Premium Based on Final Contract Amount
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 on September 11th, 2017 awarded to
Tunnelworks Services, Inc.
13502-H Whittier Blvd. Suite 165
Whittier, CA 90605
hereinafter designated as the"PRINCIPAL,"an AGREEMENT for the work described as follows:
Costa Mesa Sanitary District Project#314 Grade 5 Repairs Phase 9. 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)
American Contractors Indemnity Company
801 S. Figueroa St., Suite 700
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: Thirty-four thousand four hundred forty and 00/100
($34,440.00), 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, 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. 1001084539
Premium:$861 00 �t
Premium Based on Finan 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 5th
day of October i 2017 .
TUNNELWORKS SERVICES,INC.
13502-H Whittier Blvd.
Whittier,CA 90605
PRINCIPAL
By:
Willie du e
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.
American Contractors Indemnity Company
SURETY
Company Representative
Pietro Micciche, Attorney-in-Fact
APPROVED AS TO FORM:
District Counsel
Costa Mesa San' ry District
By/s/
2
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 10-6-11' 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% is/Nte
subscribed to the within instrument and acknowledged to me that he/Am/ibex executed the same in
his, M(t Cauthorized capacity(M),and that by his/XiilI 'I6iaElxsignature%on the instrument the person%,
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 h-.- - -• official seal.
N G Signature
ANGEL NUNEc
...ti Aiiiioo,.
Commission #2145301 Signature of Notary Public
7 �� '` Notary Public -California
` Los Angeles Ccu;ity •
My Comm.Expires Mar 14,2ir'‘t
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:
Li Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
El Partner — E.Lim'iled J General 0 Partner — ❑Limited ❑General
❑Individual If Attorney in Fact 0 Individual C]Attorney in Fact
i_3 Trustee ❑Guardian or Conservator ❑Trustee G Guardian or Conservator
O Other: Ll Other.
Signer Is Representing: Signer Is Representing:
02014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
PAYMENT BOND
PAGE 1
Bond No. 1001084539
Premium:
*Premium Included on Performance Bond 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 authorization of the General Manager, has awarded to
Tunnelworks Services, Inc.
13502-H Whittier Blvd.,Ste 165
Whittier, CA 90605
Hereinafter designated as the"Principal", a contract for the work described as follows:
Costa Mesa Sanitary District Project#314 Grade 5 Repairs Phase 9.
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
American Contractors Indemnity Company 801 S. Figueroa St., Suite 700, Los Angeles, Ca 90017
(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: Thirty-four
thousand four hundred forty and 00/100 ($34,440.00), 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.
4
•
•
PAYMENT BOND
PAGE 2
Bond No.1001084539
Premium:
'Premium Included on Performance and
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 5th
day of October ,2017.
Tunnelworks Services,Inc.
13502-H Whither Blvd., Suite 165
Whittier,CA 90605
PRINCIPAL
By; 4,
.�"! rte
In accordance with the Contract for Costa Mesa Sanitary District Project#314 Grade 5
Repairs Phase 9, 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.
American Contractors Indemnity Company
Name
801 S. Figueroa St., Suite 700
Street Address
Los Angeles,Ca 90017
City,State,Zip Code
SURETY Ameri ,ntr- ors Ind-. pity Company
BY
pany Representative
Pietro Micciche, Attorney-in-Fact
APPROVED AS TO FORM:
Alan R. Burns, District Counsel
Costa Mesa San' ryD' tri
By/sr
r
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 W 6-l q" before me, Angel Nunez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Pietro Micciche
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person% whose name% isii
subscribed to the within instrument and acknowledged to me that heftwaya executed the same in
his/Amcdtvik authorized capacity(1!e),and that by hism OlaEtxsignature(p)on the instrument the person(4,
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.
WITNESS my hand and official seal.
Signature
ANGEL NUNEZ Signature of Notary Public
Commission #x 2146301
:0'2:�tm "-, Notary Public -California
� Los Angeles County
My Comm.Expires Mar 14,2020 r.
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:
El Corporate Officer — Title(s): D Corporate Officer — Title(s):
D Partner — El LimVd ❑General D Partner — ❑ Limited ❑General
D Individual Ir Attorney in Fact ❑Individual D Attorney in Fact
El Trustee D Guardian or Conservator D Trustee D Guardian or Conservator
El Other: D Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
1 - POWER OF ATTORNrY
AMERICAN NTRA2TORS INDEMNITY COMPANY 'hEXAS BONDING COMPANY __
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
_ Bo >� assumed name of America Contractors Indemnity it Ates Surety Company1,a M gland
o ecialty Insurance I bmpany la Texas corporation(Mleet l} i ( les"),do by=these presentsniece,
nt`- dot:
Patricia Zenizo,Pietro Micciche or Angel Nunez of Los Angeles,California
-_-its t nd1a It -ney(s)-in-fac a their at apacity if more than one is otimed above,with full ow> id-nt r
li �crr�
$ ed U name,place ane to ceeutciiowledge and deliveir any anti all bonds,recognizta
or other instruments or contracts o ureip to include riders, amendments, and consents of surety,-provkiiug the bond
penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00**).
This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the(3oards of Directors of the Companies.
i is Msident,any Vice-Pres tllt,any Assistant Vice-President,any r etary shall be its t -
person Attarney(s)-in-Fact to resitd --- f of the Go - tel
� artint any one or more�
kion 0 IIS _ __
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any snstruments so executed by anysuch Attorney-in-Fact shall be bindingupon the Company,as if signed by the President and sealed and effected
Y p°
by tl terry.- ; —
ri nso mate-signature of any aur z cer ci al Company heretofore or hereafter a ed
r! to any power of attoc e
th to f -imih:,and any power of attorney rt arfng fkcaiinile signature or facsimile seat shall be,llhalid and binding upon the in sp
bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of No�2016.
_ - AMERICAN CO tACTO $INDEMNITY COMP/OW 47E AAS_B(3 D MPANY
UNITED STA" SURCTCOMPANY U.S.SPEN PANY
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im_ By: t�,..,r
Ic -W. ;2 e
Lf. '' '` ' r/� t= Daniel P.Aguilar,Vice Presi ent
L - - _- 'o• ,` 1u _ _.in Nli III N.: - - -
t p i officer completii t t t only the identity of the individual 4 be signed the
doeiimentto which this certificate is attach and iot the truthfulness,accuracy,or validity of that document.
State of California
County of Los Angeles SS:
in s--; day = r,2016, before me F�1 ina Mor'unstein,a notary public, personnly_.arab.Aguilar,Vice President_-of Amerman
T on i Jt hose n,l nited States Surety Company-=an L i + urance Comps v -to e
� ipany>Texas Bortdlr� I ompany,1111
isfvidence to be the ra is subscribed to the withfi wedged to me thattd si
li uthorized capacity,and that by his signatur011l'lon'`the'instal ent the person,or the entity on f ofWhich-the person acted,exec tWiiristrunmt.
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.
_.,,� SABIN, RGENSTEIN -
_ _ _ ., li III Commis ie h#21129258 - -
i tine ) w 'il Notary Nro California
II
`Z.11,4,
' 4 1 Comm.300 loo County
M' Exoiros Nov 3,201i -
I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.
Specialty Insure-Gimup an
Y.do
'p that te Curthe ire;the resolutions of theabove and foregoing is a true and correct cyaPower of Attorney,executed by said
� � it�n full force and eff� '
hereby
cern
dim � B = ,nett in the Power of Attoriare felt
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Vitae s Whereof,I have hereunto set my Mand and affixed the seals of sa ompanies at Los Angeles,California this day
of coma- , ?O1r. Si
Corit.PP„„,t1,b„a/ ,w11 Opary„ 1 OI 11
porate Seals .................. ��
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California All-Purpose Certificate of Acknowledgment
a
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
coon of Los Angeles s.s.
county
NotaryPublic i
On A/ (ji2vit4eI 3 4).01.7 before me,gA/i'I(r'a keg`s 1,J o s�,6tehi. ,
-
personally appeared 7_ui11%e D(1 a I`#{
i who proved to me on the basis of satisfactory evidence to be the person whose nam- 0
is/ subscribed to the within instrument and acknowled9 ed to me that Tie/ executed
the same in his/Niattliwirauthorized capacitygalSf, and that by his/ler/ signature 'on the 4
instrument the persor�, or the entity upon behalf of which the persore)'acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
A.
of the State of California that the foregoing paragraph is
true and correct. , . WILLIAM KEITH WASHBURN
..,1:4W-,:,..!*-- Commission a 2116223
WITNESS my hand and official seal. z p?'' " Notary Public-California =
L
Angeles County D
4Z,14/-'-,/ 2r, - ///‘41 My Comm.Expires Jun 19,2019
OPTIONAL INFORMATION
Description of Attached Document Additional Information
5.
The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
document titled/for the purpose of &Xn"4e4-161-01 Proved to me on the basis of satisfactory evidence:
"
For (013 �
a e fid, cc.,,v.;d-c.ry h i•}«./c, ❑form(s)of identification ❑credible witness(es)
containing � pages,and dated ���
Notarial event is detailed in notary journal on:
Page# Entry#
The signer(s)capacity or authority is/are as: '
❑ Individual(s) Notary contact:
❑ Attomey-in-fact ;�j
1 L erporate Officer(s) G"7 other
g [ 1 Additional Signer [i Signer(s)Thumbprints(s)
❑ Guardian/Conservator
❑ Partner-Limited/General I '
❑ Trustee(s)
' ❑ Other:
representing: 1
_
__ _____ _ -- __ ____ ____J