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HomeMy WebLinkAbout1167_PEC_Payment BondGREATAMERICAN INSURANCE GROUP CINCINNATI, OHIO PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we, Bond 1140o 5-36-23-70 PHOENIX ELECTRIC COMPANY as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California as Surety, are held and firmly bound unto TOWN OF LOS ALTOS HILLS as Obligee in the sum of Fifty Thousand Dollars, ($ 50, o00 . oo ), for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally these , firmly by presents. SIGNED, sealed and dated this 14th day of December 2023 WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 13th day Of December , 2023 ,for Rehabilitate sewer manholes, remove intruding sewer laterals, remove excessive roots in lamp holes, replace sewer pipes, replace sewer main NOW, Therefore, the condition of the foregoing obligation is such that if the Principal shall promptly make payment to all persons who have contracts directly with the Principal supplying labor and material in the prosecution of the work provided for in said contract, and in all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall remain in force. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office, 301 E. Fourth Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period, but not afterwards. PHOENIX ELECTRIC COMPANY Principal By: F.9609E (3/11) GREAT AMERICAN INSURANCE COMPANY By: An M . Pham Attorney -in fact , GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 21694 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name NIP PHAM TUAN PHAM AN M. PHAM Address ALL OF CUPERTINO, CALIFORNIA Limit of Power ALL $100,000,000 This Power ofAttorney revokes all previous powers issued on behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23RD day of SEPTEMBER 2021 Attest GREAT AMERICAN INSURANCE COMPANY a5t 1%mmom Assistant Secretary Divisional Senior Vrce President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK vicARio (877-377-2405 ) On this 23RD day of SEPTEMBER 2021 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KQHQRST Notary Public State of Ohio My Comm. Expires May 18, 2025 This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vzce Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or pny one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of surety ship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 14th day of December 2023 S1029AH (03/20) • Assistant Secretary s o y C SUSAN A KQHQRST Notary Public State of Ohio My Comm. Expires May 18, 2025 This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vzce Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or pny one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of surety ship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 14th day of December 2023 S1029AH (03/20) • Assistant Secretary ACKNOWLEDGMENT 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 Santa Clara personally appeared who proved to me on before me, Christina M. Ribeiro Tindall, Notary Public (insert name and title of the officer) An M. Pham the basis of satisfactory evidence to be the persons) whose names) 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 and official seal. Signature ���'l�'►�;r����' �(.����--L-�7',.�G (Seal) CHRISTINA M. RIBEIRO TINDALL Notary Public California Santa Clara County ] Commission # 2413652 My Comm. Exoires Aug 23, 2026 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 SAN MATEO Date personally appeared v� Here Insert Name and Title of the Officer Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose names) 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. _®unumrnnnuinnnnnummnrnrrnnnnnunnnunnrnnunnnnnu■ MAULIK ANIL BANDIT COMM. #2426281 ;, NOTARY PUBLIC - CALIFORNIA SAN MATEO COUNTY — My Comn°r. Exp, Dec. 10, 2026 _ urnnunnnnrrunu�mnunnunirii►liuilllllll�lll►� 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 SigPublic 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 Docurry nt Number of Pages: • �1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: nature of Notary :1 Corporate Officer — Title(s): :1 Partner — El Limited ❑ General ❑ Individual [I Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ElLimited ElGeneral ❑ Individual ElAttorney in Fact ❑ Trustee ElGuardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 �^ ,