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08-0618_BOUDREAU PIPELINE CONSTRUCTION_Labor & Material Bond No. 786101P , Executed in Triplicate Bond Number: 786101P Premium included in Performance Bond. LABOR AND MATERIAL BOND Know all men by these presents, that: WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to:Boudreau Pipeline Corporation , License No. hereinafter designated as "Principal", a contract for Emergency Sewer Trunk Line Replacement Hydraulic ; and Capacity Project to WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Boudreau Pipeline Corporation Principal, and Developers Surety and Indemniy Company as surety, Are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Pmr Hiindred Thirty Two Thousand Seven Hundred Thirty Five DOLLARS ($432,735.00 ), lawful money of the United States of America, for 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 said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work, or for any amounts required to be deducted, withheld, and paid over to the EDD from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and al persons, companies and corporations entitled to file claims under Section 3181 of the Civit Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. LM-1 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 does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed there under. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Executed this 23rd day of May 200-, at Ontario California. Boudreau Pipeline Corporation PRINCIPAL By: Developers Surety and Indemnity Company SURETY]j. By: �)" ,L°`� titiU.s (Notarization an$Setal) Susan C. Monteon, Attorney-m- ac ((AA�PPROVED AS TO FORM 'VUUI� A% 6 Omar Sandoval, City Attorney LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of R'wes5 On b-15'Ot5 before me, Morino. $ . E\C.nwocc�,R Nci; f c- Date Here Insert Name anti Title of M Officer personally appeared N6VI S•`60\AACeou Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Oywhose namWis/*subscribed to the within instrument and acknowledged to me that he/ /txecuted the same in his/ /tl;ilkauthorized capacity(, , and that by his/WVW signature on the instrument the person(Aor the entity upon behalf of MONtCA J. EIIRPMOoo which the personCcted, executed the instrument. court 1743550 Ory public - °tltOrn1O I certify under PENALTY OF PERJURY under the laws y Riverside county truethe State of California that the foregoing paragraph is true and correct. WITNESSmy hand official I. Signature Place Notary Seal Above nature o OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General WHO- _ ElElPartner—❑ Limited El General _ _ ❑ Attorney in Fact • Attorney in Fact ❑ Trustee Top of thumb here [I Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2W1 National Notary Association-9350 De Soto Ave.,Po Bm 2402-Chat rth,CA 91313-2402-w NanonalNote,,org Item#5907 ReorderCall Toll-Free 1-800.8)6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT MWI State of California SS. County of San Bernardino On May 23, 2008 before me, Pamela McCarthy. Notary Public Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Susan C. Monteon Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the PAMELA MCCARTHY person, or the entity upon behalf of which the person z. • COMM. # 7659202acted, executed the instrument. NOTARY PUBLIC— 3 GLIFU1tNlq SAN BERNARDINOcOUNTY I certify under PENALTY OF PERJURY under the laws of MYComm.Expiresgpri130,2070 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and jofficial seal. Signature of Notary Public' OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: 0 Individual O Corporate Officer Title O Partner -- O Limited O General Top of thumb here I] Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***]ay P. Freeman,Pannela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their We and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Aflomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Pavers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution or any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. 6y. Stephen Senior Vice Pres ant <dj�Oppp AND �PpOq�C9 ="1 OCT. R< ? mp s f : z — OCT.5 -^ 6y.(_ofwo.4_101 92Charles L.Day,Assistant Secretary E0iA�� roW►,-*�;yp y pq2i OPa�p 1 ' Stale of California *•r•„+•'' County of Orange On January lid,2008 before me, Chdstooher J.Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L.Day Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherAheir authorized sa= RQ�iM capacity(ies),and that by hisMedtheir signature(s)on the instrument the person(s),or the entity upon behalf ofwhich the persons)acted,executed the instrument.746998 NOVU11Y PUBIJC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CITY true and correct. comm,w#m May 18,2011 WITNESS my hand and offi ial seal. Place Notary Seal Above Signature����� Ch' er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said Corporations set forth in the Paver of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the� ay of 0�A�Albert Hillebrand,Assistant Secretary ID-1380(Wet)(Rev.07107) Executed in Triplicate Bond Number: 786101P Premium included in Performance Bond. LABOR AND MATERIAL BOND Know all men by these presents, that: WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to: Boudreau Pipeline Corporation , License No. hereinafter designated as "Principal", a contract for Emergency Sewer Trunk Line Replacement Hydraulic ; and Capacity Project to WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Boudreau Pipeline Corporation Su Principal, and Developers rety and Indemmy Company as surety, Are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Fnijr Hundred Thirty Two Thousand Seven Hundred Thirty Five DOLLARS ($432.735.00 ), lawful money of the United States of America, for 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 said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work, or for any amounts required to be deducted, withheld, and paid over to the EDD from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. LM-I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Z1 :�erS c)e 1 On 6-15-og before me, Moyt:ce. S. 611:nwo4s� A Nokov� Aubl:� Data Here Insert Name and Title of the OXicer personally appeared A\a;yn J. Bavdcu.. Names)of Signers) who proved to me on the basis of satisfactory evidence to be the personoQ whose name*) is/ft subscribed to the MONICA J. ELLINWOOC within instrument and acknowledged to me that _ Comm he/ th�texecuted the same in his/l�t/thkauthorized I'n°n s t��ss ' NotcrY Public-California capaclty(ibO, and that by his/ftrtth"r signature(Kon the Riverside County instrument the person(^.or the entity upon behalf of t�°8Ju"tz•201t which the person) Jected, 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 Bial se Signature Place Notary Seal Above Sstore o otary Pub m OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ ❑ Partner—❑ Limited 0 General _ ❑ Attorney in Fact • ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Asseaaflon•9350 De Soto Aw.,PO.Box 2402•Chataaorth,CA 91313-2402•w NationalNotary.org Item#5W7 Reorder:Call Toll-Free 1-800-87&8027 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 does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed there under. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Executed this 23rd day of May 2QQ$_, at Ontario California. Boudreau Pipeline Corporation PRINCIPAL By: Developers Surety and Indemnity Company SURETY By: Q, (Notarization andFSetal) Susan C. Mon eon,Attorney-in- ac APPROVED AS TO FORM Omar San oval, City Attorney LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On May 23, 2008 before me, Pamela McCarthy Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Susan C. Monteon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, PAMELA ~"" and that by her signature on the instrument the zCOMM. # CART2 Y i person, or the entity upon behalf of which the person NO TARYpUSUC_CALffORN1AC acted, executed the instrument. SAN 13ERNARDINO COUNTY My Comm.Expires Apri130,2o1U 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 seeeaa1�l. Signature of Notary Public _A3 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: O Individual O Corporate Officer Title O Partner -- O Limited O General Top of thumb here x❑ Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263.3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***lay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Adomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and Contracts of surety. ship giving and granting unto said Attomey(s)-in-Fact NII power and authority to do and to perform every act necessary,requisite or proper to be done in Connection therewith as each of said Corporations could do,but reserving to each of said corporations NII power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of Orem hereby is,authorized to execute Powers of Attorney,qualrfying the adomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any ceri cate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or Contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By. / a.00 I..ANUOk,PANYpc Stephen T Pate,Senior Vice President `yJQ;4oppOR� �°;y� G4 ppOggr C9 i OCT <r4 2 F G OCT.5 O BY 3'0-: 1838 io? w 1987 ,a Charles L.Day,Assistant Secretary C, p °•:?old,,/OW/.,..'fir„•: y qC/FOP�� -L State of California * ..,,.... County of Orange On January 1st 2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/then authorized C� RGhCH capacity(ies),and that by his/her/their signalure(s)on the insW ment the person(s),or the entity,upon behalf of which the person(s)acted,executed the instrument. - COAAM.N 17416888 NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is 0. ORANGE COUNTY RS true and correct. My om m,eg1NNlifty 19,2011 WITNESS my hand and off ial�seat. Place Notary Seal Above Signature —�w=� �-� "_�`� Ch' er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in NII force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said Corporations set forth in the Power of Attorney,are in force as of the date of this Certificate This Certificate is executed in the City of Irvine,California,th/�ay of M� a 9r /� Albert Hillebrand,Assistant Secretary ID-1380(WeQ(Rev.07/07)