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17-1116_CHARLES KING COMPANY, INC._Performance Bond Release 92400 PASEO AOELANTO MEMBERS OE T-IE CT'COUNCIL SAN JUAN CAPISTRANO,CA 92675 (94914931171 Nmm�m SERGIO FARIAS (949)493 OS3 PAX nuunw 1 1961 KERRY K.FERGUSON wM4v.,van/nancgpistranO.Org 1776 BRIAN L.MARYOTT • PAM PATERESO. DEREK R REEVE November 16, 2017 Liberty Mutual Insurance Surety PO Box 11053 Orange, CA 92868-1053 Re Release of Performance Bond — Charles King Company for 1-5 Ortega Highway Interchange Pipeline Relocation CIP 11805 Dear Sir or Madam: At their meeting of August 15, 2017, the City Council of the City of San Juan Capistrano adopted Resolution 17-08-15-02 accepting the work as completed for the construction of the Improvement Plans for the 1-5 Ortega Highway Interchange Pipeline Relocation CIP No. 11805. A copy of the recorded Notice of Completion is enclosed for your records. The Performance Bond may be released one (1) year from completion of the work. The work was completed on November 14, 2016; therefore, the City of San Juan Capistrano hereby fully and forever releases and discharges the Ohio Casualty Insurance Company as of November 14, 2017, from any and all liability for Performance Bond 024047208 associated with the construction of the Improvement Plans for the 1-5 Ortega Highway Interchange Pipeline Relocation CIP No. 11805. Enclosed please find the released bond. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, C Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Steve May, Public Works and Utilities Director Eric Bauman, Assistant Utilities Director Charles King Company, Inc. San Juan Capistrano: Preserving the Past to Enhance the Future pnoNa o +oow Nvynea neye RECORDED AT REQUEST OF AND RETURNED TO: - -_ City of San Juan Capistrano Recorded in Official Records, Orange County City Clerk's Office Hugh Nguyen, Clerk-Recorder 32400 Paseo AdelantoI IIII III I IIIIIIIIIIIIIIIII III IIIIIIII III 1111 III 11�II NO FEE San Juan Capistrano, CA 92675 * $ R o 0 0 9 s o s 1 2 0 $ RECORDING FEES EXEMPT DUE TO 2017000354759 8:54 am 08/22/17 GOVERNMENT CODE SECTION 27383 62 Sec2 N12 1 - -0.00 .00 J�00 0.00 0.00 0.00 0.00 D.00------ - - Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano 1T to Charles King Company, Inc., addressed at 2841 Gardena Ave., Signal Hill, CA 90755, for construction of the 1-5 and Ortega Highway Interchange Pipeline Relocation Project(CIP 11805). ,c/1 That the said work completed on November 14, 2016, by said company according to plans and specifications, and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, at a regular meeting thereof held on a 15th day of August 2017, by Resolution No. 17-08-15-03. That upon said contract, The Ohio Casualty Insurance Company of FuIle o C was the surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano this 15th day of August 2017. j f' Maria or is, Ci y Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the C y Coun of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of per ur that the foregoing Notice of Completion is true and correct, and that said Notice of Completion wa y n regularly ordered to be recorded in the Office of the Orange County Recorder by said City Cler .; i Dated at San Juan Capistrano this 15th day of August 2017. Mari Mris, C y Clerk City of St Juan Capistran $17,600.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT Bond No. 024047208 TO ADJUSTMENT BASED ON FINAL CONTRAT PRICE EXECUTED IN DUPLICATE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Charles Ring Company, Inc. as Contractor, And The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange,California, hereinafter called the"Owner,'in the sum of: ONE MILLION SIR HUNDRED NINETY FIVE THOUSAND FOUR HUNDRED TWENTY TWO AND 00/100 (;1,695,422.00)*******************do11ars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: IMPROVEMENT PLANS FOR 1.5 ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION,CIP No. 11805 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein,then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED,that any alterations in the Work to be done or the materials to be furnished,or changes inlhe lime of completion,which maybe made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder,nor shall any extensions of time granted under the previsions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 10th day of January ,2013 Charles Ring The Ohio Casualty Contractor Surety By 13 Title Debra K. Ring, President Title Ry n S. Mantle, Attorney—in—Fact REL ASD (SEAL AND NOTARIAL ACKNOWLEDGMENT Date: l� L OF SURETY) - Signature: ! Citytlerk CI[y of San 3 Capls rano, coax u.sia PERFORMANCE BOND .,euc,mo-a.,e AGREEMENT AND BONDS-PAGE 4 w.mo, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On j7 before me, Mazy Martignoni — Notary Public ora wrnmru.wwrrsan ' personally appeared Ryan S. Mantle x.mnm sywno who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)israre subscribed to the within instrument and acknowledged to me that MARY MARTIGNONI he/shaAhey executed the same in his/heUtheir authorized COMM.If 1947853 capacity(les), and that by his/herAheir signatum(s) on the instrument the person(s), or the entity upon behalf of i MpiARy PUMECOUNWORN4� which the OftANOE LOIINtt person(s)acted,execuletl the inaWlllBlli. My Comm.Expims Sept.9,2115 1 certify antler PENALTY OF PERJURY under the laws of the State of Calif imia that the foregoing paragraph is true and correct. WITNESS my hand and official seal a.w xm.n s.m nee.. Signeiut�w�' OPTIONAL Tnoupn,he;nrormar;m Grow is ro,e]vuvea Wlaw.;�a�avaro.e varwale la pnrsw5 reryrg on,ne davunenl ercmmvuv�w.wal rmwwanr.emval aye marcacrxmnl d mF roman m mwmer ur+vnn�r Description of Attached Document Title or Type of Document Document Dale: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Ryan S. Mantle Signers Name: rt. individual Olndividual U Corporate Officer—ntle(s)k U Corporate Officer—Trots): ❑ Partner—❑Limiled MGeneral UPam]er—❑Umhed ❑General EI Attorney in Fact ] .�n r1 Attorney in Fact o t r O Twil" (71 trustee U Guardian or Conservator L!Guardian or Conurvator Other: U Other. Signer Is Representing: Signer Is Representing: The Ohio Casualty Tnnnranr•a Cmplly C]MNtlnWIMv/M�WmO]N.0.S.oM.Po1M]tliCNiarnn.0 JI]IY3.G�ww.MaImYIMvnO Y•m.� 0.nNrLmitllFwldW-0]B6]' .THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5428934 This Power of ARomey limb the adds of Nese named herein,andthey have no authority to bind the Company except in the manner andto the eafentherem stated. CBNneale N0. American Fre and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peeress Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: TN American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly offended under the laws of the Stale of Ohio,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the Stine of Massachusetts,that Peerless Insurance Company Is a corporation duty organized under Ne laws of the State of New Hampshire,and West American Insumnce Company is a corpOmtipn duly organized under the laws of the Stoke of Indiana(hereon mloolowy,balk-0Ne'Conpanies'I,pursuant to and by authority hen:insetfoth,does hereby name,consetute and appoint, LESK"fTLE;N/aN3Mn E all Oflheciyoi au.xRr`DN stateM Ck each individually it them he more Man one named,its hue and WAI atlaney4n4adto make,execute,seal,acknowledge and deliver,for and on b behalfassu a y and as alt ad anal deed,any and all undertakings,bonds,recognaar,ws arm odersuretyabligabon s,In pursuance of Nese presenb and shall be as Nndlrg upon the Companies ae H Nay have been duly signed by the president and attested by Ne secretary of Ore Corozal"In their own proper persons. IN WITNESS WHEREOF,ihis PewerofAhomey,has been mlascdbM byareuthodzed oficerorolficialofthe Compxniesand the corporateseals ofMeCompamies havebeen affixed thereto this lith dayof Jona 2012. LN F,q xx exae e'�, ' uma/ American Fireand Casualty Company Mm e >wowa .�`"' `q The Ohio Casualty Insurance CompanyaP= >�og wm g ..°�'°"^�< Ubery Mutual Insurance Companym m SE.V. s REAL : SEAI, Peeress Insurance Companyx01 owrry co+°� Jay( "r <a �' °gQce co+° West American Insurance Company M L E BY: '=^k� q s@ STATE OF WASHINGTON as Gregory W oavenpod.Matstanl Secretary COUNTY OF KING 0 v d On Nisrim dayof aune 2oi2 Moore me personally appeared Gregory W.Davenport,who acknowletlgetl himself to MNeAssistant Secretary ofAmerican Fire and on p3 Casualty Company,Liberty Mutual Insumnce Company,The Ohio Casualty Company,Pemess InsuranceCompany and WestAmencan Insurance Company,ancient he,as such.Ming m 12 as autioized solo do,execute the foregoing Instrument for the purposes Nemln contained by sgnlrg on behalf of the corporations by himself as a duly authorized officer. O as IN WITNESS WHEREOF,I have hereunro subxnbM my name and affixed my notarial seal at Seattle,Wxshirglan,on the day and year that above wYitlen. 9 1/�n. sum !-1_J(�L O9 O r By: Pum E m C - KD mey,NO blic m T, os O. A This Power ofAtNmeyto matte and executed pursuant to and by authority of gra following By-laws aMAuNuiirations ofAmenican Fire and Casualty Company,The Ohio Casualty Insurance Ho a Company,Liberty Mutual lrrsumnce Company,WastAmedcan InsuranceCompanyand Peedesstmularwe Company,which resolutions ere nowinfull force andeffectneaking as foliows: «'R Oe Y.O. ARTICLE N-OFFICERS-Sectlon tY.PowerolAhomay.Myoficerorotherofictal Ol Na Corporaaon aNhOdzetl lorthatpurpose in wining by the Chaiman orthe President,and subject Z•0 O e to such IimohAon a9 the Chairman or the President my prescribe,shall appoont such abomeys-Infact as may be necessary to act in behalf of the Corporaaon to make,axe",seal, 9 Sof E y acknowledge and deliveras surety any and ell undertakings,bonds,recognizances and Othersunsyoblgagons. Such adomeys-inrvfact,subjecdothe limitations set forth In Melrrespective ' wpowers of attorney,shall have full power to land Na Cardamom by khelr signature and execution of any Such instruments and to attach thereto the seal of the Corpomlbn. When an >.8 exeMakfmchinsWmenksshall Masbindingas ifagned bythe Preademandatlestedto bythe Seaetary.Anypo wauthodtygranletl toany navesemovecrattomayan-factunder 4)So .ts p thepmvHfonsofthisarticemey berevokedatanyam,by,the Board,Ne Chairman,Ne PrgidenlObyeteoficerofoifiansgranang suchpowanorawfaity. «CC c`e c t ARTICLE%III-Execution of Contracts-SECTIONS.Surety Banco and UMemaUngs.An 0lficerof dee Company authored far that u CN Y form ry pm inwdangbythe Mairmxnorthepresitlan, xn ZY and sabjadwkedge to such fractionsddernsNechairman ety anyanl the president may press.be,shall andes mockeSuch r suretycongass. Suchcessary road in behatt of Na Conppasset far In Mir c°P Seal,aCk(IVMiNIge and defrver as sit do and all undertakings,MM2,(&'Ognllanp9$arm oNH sure obi a0mns. BUCK atlIXn in O o rely Y ng y g eo a cht subeU to Sere lof thtiCo ser IOM In Heir O respective poemof entsshshallMmfullnafipuwerro bind the Company by their sgnstureaM execution of any such instruments;and to attach thereto the seat of the Company. When 201010 ezaalM such Instruments shall be as Nndirg as If signed by the presid,nl and attreled by Ore secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws M the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attomey-In fad as may be necessary to Won behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other su e y obllgalions. Authorization-By unanimous consent of rte CompaN's Board of Directors,the Company consents that facsimile amecMnically reproduced sgnahre of any assistant secretary of Ne Company,wheneverappeamg upon a cart ed copy of any poweroi attorney issued by the Company In connection with surety bonds,shall the velM and baling upon the Company wit the same,farce and effect as though manually affixed. 1,David M.Caney,Ne undersigned Assistant Secretary.of American Fir,and Casualty Company,The Ohio Casualty Insurence Company,Liberty Mutant.Nsurance Company,West American Insurance Company and Peeress Insurance Company do hereby ceNty that"original power of attorney of which the foregoing Is a tug.hue sM caned copy of the Power of Attorney executed by and Companies,Is In full force and erect and has not been re oodub. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the scale of said Companies this 10 dayof .T8mV8L9 ,2013. , P4PN qqq s YIN9Lq eU �BJW°°Wt �q.�� , F$ SEA1, a6y 1901 'sF'•&I, z� By. Devitt M.Carey.Assistant Secretaryql 4� 'Y('ENE,M'' agaMCF 4e POA.AFCL. LMS CIG.PIC a VNIC t2B>3 0x10121012