19-0917_C.S LEGACY CONSTRUCTION, INC._Performance Bond 2981782 Bond Number:2981782
Bond Premium: $17,831.00
00 61 13- BOND FORMS
1.1 Performance Bond. ,
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS,the City of San Juan Capistrano,(hereinafter referred to as"City')has awarded
to C.S. Le:acy Construction, Inc. , (hereinafter referred to as the"Contractor') an agreement for
Contract No. CTP 14106, (hereinafter referred to as the"Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ____, (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, C.S. Legacy Construction,Inc,. the undersigned Contractor and
Great American Insurance-Company as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of , DOLLARS,
($ 1,721,939.98 ), said sum being not less than one hundred percent(100%)of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, '
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents. .
*one million seven hundred twenty one thousand nine hundred thirty nine and 98/100
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, 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 the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1)year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney's
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.-
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section
337.15.
61147.02100\20950242.4 -46- 00 61 13-BOND FORMS
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price,including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
• other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The 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 Project 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 Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] •
61147,02100120950242.4 _1.�7_ 00 61 13-BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this21st day of
September . , 20 19.
(Corporate Seal) C.S.Letacy Cons.ruction,Inc.
Contractor/ Princ-•.
By ii -..
„,% ,`d. Title Gregg
P St, mpf, President
4"C..)V/ .,.s
A
' Great American Insurance Company
(Corporate Seal) „2 �`- ,.
y
•
Qa /✓' •�" Surety
:,
�cD• i '17 By . _ .,
-..1'...••,, :�yti ,.,'. ,ey-in-Fact
(Attach Attorney-in-Fact Certikl �� Title Kevin P. Reed,Attorney-in-Fact
The rate of premium on this bond is � per thousand. The total amount of premium
charges is$ $17 831.00 _
(The above must be filled in by corporate attorney.) **$14.40 per thousand on the first$500,000 of the
contract amount
THIS IS A REQUIRED FORM **$8.70 per thousand on the remaining
$1,221,939.98 of the contract amount
Any claims under this bond may be addressed to:
(Name and Address of Surety) Great American Insurance Company
75a The City.Drive South, Suite 470, Orange,CA 92868
• (Name and Address of Agent or Kevin P. Reed
Representative for service of PO Box 2352, Orange, CA 92859
process in California, if different „_
from above)
(Telephone number of Surety (714) 740-3117; 714 469 5788
and Agent or Representative for
service of process in California)
61147.02100\20950242.4 148- 00 61 13-BOND FORMS
Notary 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
On 20 , before me, , Notary Public, personally
appeared , 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 under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official 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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
o Corporate Officer
Titie(s) Title or Type of Document n.. ,
❑ Partner(s) a Limited
General Number of Pages '
❑ Attorney-In-Fact
u Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signers)Other Than Named Above _.
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147.02100\20950242.4 -49- 00 61 13--BOND FORMS
**********see attached acknowledgment
Notary 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
On ,20 , before me, ,, Notary Public, personally
'appeared , 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 under the laws of the State of California that the foregoing paragraph
• -is true and correct.
WITNESS my hand and official 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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 Individual
o Corporate Officer
" Titre-OTTY-pe"eitiOCUMWt""-- —o Partner(s) 0 Limited .
0 General Number of Pages
O Attorney-in-Fact
o Trustee(s)
O Guardian/Conservator — Date of Document
•
c] Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
. . „
•. Signer(s)Other Than Named Above
, .
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
61147.02100\20950242.4 00 61 13—BOND FORMS
•
•
•
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 14866
• POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN 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 Address Limit of Power
' KEVIN P.REED , ALL OF ALL
MARCUS A.REED • TUCSON, • $100,000,000.00
JON ROSBURG ARIZONA •
•
•• • This Power ofAttoiriey revokes all previous powers issued ori behalf of the'attorney(s)-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 this26TH. day of . SEPTEMBER . 201.7
Attest : GREAT AMERICAN INSURANCE COMPA•NY
3 , :
. • • ,
• : g �— e. . ,. ......____ . .
Assistant Secretary Divisional Senior Vice President .
• STATE OF OHIO,COUNTY OF HAMILTON-ss: : DAVID C.KITCHIN(6i7-377-2405)
On this ' . 26TH - day of SEPTEMBER . . , 2017 , before me personally appeared DAVID C.KITCHIN, 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 Divisionof 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 seat
• . 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. ' . '
•
. . . ........ ..
f&,IWI o it .. • . .
a A.,,,,,,,., ,
_____:__ .
. ,_ p.,.........,
• • • . .
. .4 a/0-' .410- •
. 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.. ' f '
'RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents„Divisional Vice Presidents and Divisonal Assistant Vice:
Presidents, or any 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 of suretyship,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 Secretaty or Assistant Secretary of the
. ' Company may be'af xe 1 by facsimile to any power of attorney or certificate of either given for the.execution of any bond,undertaking, contract of suretyship,
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.
CERTIFICA .ION .
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insugance Company,do hereby certify that the foregoing Power ofAttorney and.;
the Resolutions of the Board of Directors of June q,2008 have not been r yoked and are now in full force and effect.
tif
Signed and`sealed'this (`� • ' day oft, r .► ` ti� �.� , , ,� +
Z1Li 1 r , , 1 y P�.. R•gti�
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,tee` Z.•ici , " ,.. . .. ,
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4. 47 . , -4• .:I:--.. „..=-.-. ,W4,..,•k'''
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, � Assistant Secretary 2' 3--
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S1029AF(06/15) - ��tS' ..•- ``r%
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 SAN BERNARDINO )
On SEPTEMBER 23, 2019before me, GLORIA MACIAS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared GREGG STRUMPF
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 under the laws of the State of California that the foregoing
paragraph is true and correct.
GLORIA MACIAS
' Notary Public-California
WITNESS my hand and official seal. c �' 7..• San Bernardino County
I _ Commission b 2284119
•" My Comm.Expires Apr 2,2023
Signature , A,� (Seal)
•
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 Orange )
On September 21, 2019 before me, Brandon K. Grindel, Notary
(insert name and title of the officer)
personally appeared Kevin P. Reed, Attorney-in-Fact
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 under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. . sem
BRANDON K.GRINDEL
Notary Public-California_
,,; „• f= Orange County
0z c is Commission#2143619
Signature ''': (Seal) `"'`°`"� MY Comm.Expires Jun 18,2022