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Bond - Re-Pipe - 2011-11-01 (2) FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. SU1113496 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS,the COSTA MESA SANITARY DISTRICT a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on ,has awarded to CONTRACTOR RePipe-Califomia, Inc. 5525 E. Gibraltar St. Ontario, CA 91764 hereinafter designated as the "Principal' Contract No. CMSD #129 for the work described as follows: BRISTOL STREET SEWER REPLACEMENT PHASE II. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS,the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract,including a one year guarantee of the work performed. NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and Arch Insurance Company, 3 Parkway. Philadelphia. PA 19102 (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:Two Hundred Ninety- nine Thousand Seven Hundred 00/100 Dollars ($299,700.001, said sum being not less than one hundred (100%) percent of the Contract price for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,and successors,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that,if the above burdened Principal,his or 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 Contract 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 offices and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.This obligation covers a one year guarantee on work performed after said work has been completed. The one year period shall commence on the date the Notice of Completion has been recorded. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees as fixed by the court. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. SU1113496 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 Contract Documents or to the work to be performed thereunder 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 Contract Documents or to the work. IN WITNESS WHEREOF we have hereunto set our hands and seals this ISt day of WO VOA rjo✓ , 2011 RePipe-California, Inc. fi alifof• 5525 E. Gibraltar Street Ontario, CA 91764 p�pOq ,'- . PRINCIPAL ED. SEAL ` 200? By- AFC/lyvop?' Company Representative Da v(, Arbil tl YE(cVindfni In accordance with the Contract for BRISTOL STREET SEWER REPLACEMENT PHASE II, 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 Arch Insurance Company 3 Parkway Philadelphia, PA 19102 SURETY By' d/tDef/.dal/.i Joann D" mbrowski, Attorney-in-Fact APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By/s/ REQUEST FOR CHANGE ORDER RCO No. (Payment or Time) NOTICE. Conditions arising that would support a request for payment for additional work or time extension must be CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1180 r..Frct—c•OcOcecOotce.::t<n^r--..rT.0-AAA ..ra�r�:r r. ct^A ^ ^ATA-:e.TCTC,-:c. xt recur.,vtcrctoOer.cxccctal State of California II County of Can 4'racy-cu,(m6 Jib G y // fi On r-��i ( before me, V9)Vigt., I"d Le t(((1, N-a lu.) �dk-Oe. Date H q t'to Insert Na�/tl��Tale r 00_—r Z personally appeared _ GL Ill / 5 Namet0 of Sign rig) fi Alt who proved to me on the basis of satisfactory fi evidence to be the person($) whose name(s) is/ate Z subscribed to the within instrument and acknowledged A to me that he/shh/th/y executed the same in A his/heir/thhir authorized capacity(iest and that by 9�fi YVONNE MCLELLAN his/hgt/tFir signature ) on the instrument the 'ri!i`; Commissions 1798268 persong), or the entity upon behalf of which the r Notary Public California `rd's =, z person.(s) acted, executed the instrument. fi Viii% San Bernardino County ig M Comm.Expires May 16.2012+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing fi paragraph is true and correct. xvi 5 Lc WITNESS my hand and official seal. kl 1� r I F Signature:V%QV ) )atcUtii Pia Notary Seal Abe Signato of Notary Public 'I OPTIONAL , Though the information below is not required by law, it may prove valuable to persons relying on the document it and could prevent fraudulent removal and reattachment of this form to another document. ) Description of Attached Document Title or Type of Document: LI g Document Date: Number of Pages: g Signer(s) Other Than Named Above: igi Capacity(ies) Claimed by Signer(s) ki I. ❑Signer's Name: Signers Name: Corporate Officer—Title(s): ❑Corporate Officer—Title(s): '1 i ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT 1 OF SIGNER OF SIGNER ❑ Partner—❑Limited O General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here I ❑ Attorney in Fact ❑Attorney in Fact LI ❑ Trustee ❑Trustee 'I ❑ Guardian or Conservator ❑Guardian or Conservator g ❑ Other ❑Other I 0 5 Signer Is Representing: Signer Is Representing: jI >(24;11S,,,e4„ ' eta,24, " ' %c42.4:^usca4^" ' '4"c+�.^K ^. 4^r'�'.`t=4. xyat-Kst- -'S�0cc,' c6,, f^a%c4uSSe:C:i'LV%cSr_%f4 K_,Ja C 2010 Natio al Notary As ate) Naha aiNotaryorg 1-600-US NOTARY 11-800-876-6827) Item 45907 Surety Acknowledgement State of Connecticut County of Litchfield On this 28thday of October, 2011 before me personally appeared Joann Dombrowski To me know who being by me duly sworn did depose and say that he/she is the Attorney-in-Fact of Arch Insurance Company The Corporation described in and which executed the above instrument; that he/she knows the seal of said Corporation and that he/she signed his/her name thereto by like order d/OI�XJJ S NpT ' ARY s, tary Public Jessica L. Piccirillo my comm `� June30,3015 • My Commission Expires June 30, 2015 pUe�NG %%‘• Connect\cAtir. • POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City Missouri(hereinafter referred to as the 'Company")does hereby appoint Russell M. Canterbury Joann Dombrowski, Marion R. Vail and Susan E. Deak of Farmington, CT(EACH) its true and lawful Attomey(s)-in-Fact,to make,execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected offibers at its principal office in Kansas City Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 19th day of March , 20 09 Arch Insurance Company Attested and Certified roc�0 n SEAL sn / lb I A Itssard I iie Martin J.NHL', Secretary J. Mi" a=Fete, ice °r:Cident STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEALTH OFPENNSYLVANIA `� NOTARIAL SEAL — \ Brian C.Kuhn,Notary Public Brian C.Kuhn, Notary Public City of Philadelphia,Philadelphia County My commission expires 12-06-2011 CERTIFICATION My commission expires December 06,2011 I, Martin J. Nilsen,Secretary of the Arch Insurance Company;do hereby certify that the attached Power of Attorney dated March 19. 2009 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said J.Michael Pete,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corpore s--1 of the Arch Insurance Company on this IS'? day of Al 0 014 V91/ ,2011 / ^% - Martin J.Wren,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway,Ste. 1500 Philadelphia,PA 19102 r� oox AL e a 197 t5 00ML0013 00 03 03 4h10Yd� Page 2 of 2 Printed in U.S.A.