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18-0523_W.A. RASIC CONSTRUCTION COMPANY, INC._Payment Bond • Bond No.024233300 Premium:$324.00 Issued in two(2)original counterparts. EXHIBIT "D" PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed ;;May:23,201.8 , 2018, has awarded to Ver:a:'Rasic;Con•struction'Company, Inc. hereinafter designated as the"Principal," a contract for the work described as follows: 2018 On-Call Water,Storm Drain,and Sanitary Sewer Maintenance and Repair Services Agreement (the"Project"); and • WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated May 23,2018 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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 or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Liberty MutualInsuranceCompany as Surety, are held and firmly bound unto the City In the penal sum of Forty-Five Thousand and 00/100 Dollars ($45,000.00 ) lawful money of the United States of America, 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. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or 61147,02100131039159,1 pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms 'of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th day of May,2018 ,x2261. (Corporate Seal) W.A.Rasic Construction ompany;.Inc. ete ri • -Y' Title Peter L. Rasic_, President Liberty Mutual Insurance Company (Corporate Seal) Surety • .rturdAyala,TAttot7"1 ri=Fact Title Attorriey-InTa„ Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE:A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. • 61147.02100\31039159.1 I ; i Y � • • • Notary Acknowledgment A notary public or other officer completing.this certificate verifies only the identity of the individual,who signed the docunient•to,which this certificate is attached,,-and riot the truthfulness,accuracy, or validity..of'thatdocument. STATE OF CALIFORNIA COUNTY OF Orange • On May"24;2o'I8 404(7, before me, `shaunna•Rozeile Ostrom _, Notary Public, personally appeared Arturo Ayala , who proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) 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 tinder the laws of the State of_California that the foregoing paragraph is true and , SHAUNNA ROZELLE OSTROM' ' iMyCrnreuul2O % COMM.#2159617 N WITNESS my hand and official seal, FI ; Notary Public-California g "4 FIA,� . ORANGE COUNTY LL ' "�"' ' am • ignature,of Notary Public Shaunna Rozelle Ostrom 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, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Payment Bond Title(s) Title or Type.'of Document ❑ Partner(s) ❑ Limited Three ❑ General Number•of Pages, Attorney-In-Fapt ❑ Trustee(s) 5/24/18 ❑ Guardian/Conservator Date.or Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(les) Signer(s):.O.Iliera'hont Named'Above • • 61147.02100131039159.1 'THIS'PdWER OF ATTORNEY IS.NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Bond No.024233300 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to,the extent herein stated. J ~ Certificate No.8062953 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company . POWER OF ATTORNEY - KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authonty,•herein,set forth.;does:hereby,tame;:constitute:and;appoint, Arturo Ayala;'Michael Ca-staneda;•Daniel•Huckabay:Dwight:Reilly Shaunna Rozelle•Ostr`om - , all of the oily of Orange -- -state of=CA' - each individually if there be more than one named,its true:and lawful attorney-in=fact to make,execute,seal,acknowledge and deliver,for and on its behalf assuretyand'as its'actland_deed,any'and.all.undertakings,bonds;recognizances;and;otherrsurely obligations;in pursuance of these presents and shall be as binding upon the Companies as if they have.been.duly signed:b the:president'an'd.attested by.theSecreteryof the:Companies in their own proper persons. IN WITNESS WHEREOF;;this.Power;ofAttoimeyhas.been•subscnibed byari'authorized,officeroroffcial:.of=the Companies_and`the corporate,seals:of.the:Companies have•been affixed' +thereto.11tis• 13th day f-`April. ... 2018" -` ; k0"vinNSry," 01.04slle ` tiS,,045tr47:: 7 =ws.vc„ y ,,.0 « Y,t. 4�= The Ohio CasualtyInsurance Company • t Cil- r'�r� r, 1972 i. , '? 7991 o Liberty,Mutual Insurance Company , • West merican Insurance Company i -1. 1,\ ey: mfµ • ° STATE OF PENNSYLVANIA ss David M,Cafe,,;Assistant Secretary • ,- COUNTY OF MONTGOMERY t d -On this 13th day of-April'- 2018,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance .c.)F Company, The Ohio Casualty Company,and West American Insurance Company,and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ;j;(I O iL. s• therein contained by signing on behalf of the corporations by himself as a duly authorized officer. =.L• N_> IN WITNESS WHEREOF,I have hereunto subscribed my-name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O:1 Nto - -k-;ha's.or COMMONWEALTH OF.PENNSYLVANIA itt,Z c Q4r4��tonw { .., Notarial Seal /(��Q%i� d/ G' C•,N 14:c:' ?'' Teresa Pastella,Notary Public. By: '1;Z41-1 -) 0 U6" 'Upper MerionTwp..Montgomery County Teresa Pastella,Notary Public d j My Commission Expires March 28.2521 3 1 d 0 - 4 1'LVP>vP G. O ar -4-Inv. " Member.Pennsylvania Association of Notaries i0 1 C co This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N e e+, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: .0 c CD In w C t xi E ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 t a; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, .,'l 0 c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective ^p j E y^ powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 'll t L. m 'executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary,Any power or authority granted to any representative or attorney-in-fact under >3 the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. L v �o ,� O ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by.the chairman or the president, >• i, and subject to such limitations as.the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, .E c O 3:.seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c 0 Z V;' respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so ,v executed such instruments shall be as binding as if signed by the president and attested by the secretary, , - • • - .0 a _.Certificate of Designation-The President of the Company,acting pursuant to-the Bylaws ofthe Company;authorizes David M.Carey;Assistant Secretary to appoint such attorneys-in- l— fact as may be necessary to act on behalf,of the Company to,make,execute,seal,acknowledge and deliver as_surety any and all undertakings,-bonds,recognizances and other surety obligations. .-: = - - - — Authorization-By unanimous consent of-the,Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the ' Company,.wherever appearing upon a certified copy of any:power of.attorney issued by the Company in connection with surety bonds,shall be valid"and binding upon the Company with the same force and effect as though manually affixed.; _ _ I, Renee C,;.Llewellyn, the undersigned, Assistant'Secretary, The Ohlo-.Casualty Insurance'Company, Libertic Mutual Insurance Company, 'and West American Insurance Company do hereby certify that the original power of attomey ofwhich the foregoing is a.full,true and:correct copy of the Power of Attorney executed;by-said..Companies, is in full force and effect and has not been revoked. - , . IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this 24th day of May. ,20 18 �t.y,INSV +ticUntusvY �tiy. yc,U'�f' .�•ytS''�f• r t, •c�Gayat {. . a 1919 o 1917_ 7991 By: s t G 0' ..>. Renee C.Llew %ssistart Secretary • ','�,'''''IMLRS'G'� °�),?iwato,r., ••!!' y� r4pinnA t . • - 259 of 300 ' LMS 12873 022017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :..rxxs.0: ee , , ce, s-r ct Wg:,t c :a'r.:cx 44':40 c -=:c di": : r e. z ; 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 06/07/18 before me; . Tanya C. Romero, Notary Public Date Here Insert Name and Title of the Officer personally appeared Peter L. Rasic • Name(s) of Signer(s) Who proved to;me- oh the basis of-setisfactor evldence to, be the person(sr whose name) is/are sub"scribed tp the withininstrument and acknowledged to, me:that he/he/t( executed,"the:same:in. his/b0tljeifrauthorized,capacity(les),and that by.hiM?:er/ Ir slgnature(s)ori the instrument`the parsers, 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. . R WITNESS myhand and official seal. ,„��, TANYA C. ROMERO •: .�.., Ki: Commission #2118257 i' ;,-� .,fl Notary Public-California i -1�' e— .. -- r, ' Los Angeles County - Signature li — <1:______..,--',..—.. ' My-Comm. Expires,.:,g..44.94 i nature of Notary Public ariya -. Romero, Notary Public • 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: Payment Bond Document Date: 05/24/18 . Number of Pages: Two Signer(s) Other Than Named Above: Liberty Mutual Insurance Company Capacity(ies) Claimed by Signers) Signer's Name:.Peter L. Rasic Signer's Name: 'Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner— ❑Limited- LIGenerale O Individual ❑Attorney in Fact ❑ Individual D Attorney in Fact LI Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: CIOther: Signer Is Representing: Signer Is Representing: W.A. Rasic Construction Company. Inc. 14:*C ^FZ111i4'^rr'++`tK.K 4`f IV:PVAX... .'.i7i3S9S:i";<RIZi ikfps17.41uUY 41ICYvGY�e�:04`tiif, l uGGi t;Mi t:C'?kC"1: iX izeGYF4Y =1.1W4liCi ©2014 National Notary Association •www.NatlonalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907