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20-0721_C.S. LEGACY CONSTRUCTION, INC._Construction Agreement00 52 13 — CONTRACT /� This CONTRACT, No. O is made and entered into this ri r day o � by and between City of San Juan Capistrano, sometimes hereinafter ca d "City," and C. S. Legacy Construction, Inc. sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: PASEO ADELANTO PARKING LOT EXPANSION The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Twenty (20) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. C. CONTRACT PRICE. The Cityshall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two hundred nine thousand and five hundred seven(y five Dollars ($7nq 575 ). Payment shall be made as set forth in the General d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors ATTACHMENT 2 Page 1 of 34 Information Required of Bidders Non -Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] ATTACHMENT 2 Page 2 of 34 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. C.S. LEGACY CONSTRUCTION, INC. CITY OF SAN JUAN CAPISTRANO Name of Contractor By B h in tty Manager - PRESIDENT Date: % -,?#f-uj License No. 826870 Date: 07-17-2020 (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) i. Approved as to form this tel% fiLday of &Af_ 20_9j2. Attorney for City of San Juan Capistrano ATTEST: By: C C erk Sa6 Jua 'strano END OF CONTRACT ATTACHMENT Page 3 of 34 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, appeared Notary who proved to me on the tic, personally satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument nd acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), d that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the rson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Californ that the foregoing paragraph is true and correct. WITNESS my hand a d official seal. Signature of Notary Public Though the Information below is not required by and could prevent fraudulent removal CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Partner(s) Limited, General _ Attorney -In -Fact _ Tmstee(s) _ Guardian/Conservator Other: Signer is representing: / Name Of Peasants) Or Entity(les) ve valuable to parsons relying on the document lot of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages ATTACHMENT Page 4 of 34 Bond Number: 3340010 Bond Premium: $3,018 00 6113 - BOND FORMS 1.1 Performance Bond. -- KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred.to as "City") has awarded to C.S. Legacy Construction, Inc. (hereinafter referred to-as.thezContractor") an agreement for Contract No. 20204 , (hereinafter referred to as ttte .`eroj WHEREAS, the work to be performed by the Contractor'ts• mbre'partidblariy set forth in the Contract Documents for the Project dated ,..(hereinafter referred to as .Contract Documents"), the terms and conditions of whioh--aFe expressly -incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract ee o Cfocurnents foprm tfie terms t?iereof and to furnish a bond for the faithful performance of said Contract Documents. - . NOW, THEREFORE, we, C.S. Legacy Construction, Inc. rthe,,. undersigned Contractor and Great American Insurance Company - ..._,.-.as.Suretya corporation organized.. _ and duly authorized to transact business under the laws of the.State:of California, are held and - firmly- -bound-unto •- the • City ..in. the • sum.- of. • _........DOL• LARS; ($ 209.S75.00, —),said sum being not less than one hundred.perc.0t.(t00?Jo) 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; jointl"nd severally; firmly by these presents, *two hundred and nine thousand five hundre&aiid seventy five and 001100 THE CONDITION OF THIS OBLIGATION IS SUCH, the#, 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 pertorm �tlie covenants, conditions =and agreements 46 the Contract Doc umeols and any alteration thereof, node as thereiti,providaO,:t1n _, its part, to be'kopt and '�► performed at the time and In the manner therein specified, and in all respects according to their .intent and meaning; arid shall faithfully fulfill all obligaaffl6&:RiMdiitg*ttift- :(1) year guardrifee 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 Mce arnotirti specified therefore, there shall be Included costs and reasonable expenses and fee indtldIng 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. , 6-43- 006113 -BOND FORMS 1147.02100120850242.5 Whenever Contractor shall be, and is declared by the City to.tae; -fa deff under the Contract Documents, the ISurelk'shall remedy*the default'pur'su f p ocuments, or shall 'Promptly, at the City's option: r. .;_ •:.419. i. Take over -and complete the Project in acGoiidar:tce in01 all ns and conditions in the Contract Documents; or. ;,;iy�; , ��,;-' "" `" ii. Obtain a bid or bids for completing the Project in. accordance with all terms and conditions in the �Contract -Documents_ancj`;e�poa-determination by Surety of. the lowest .responsive and responsible bifid ��qt between such bidder; the Surety and the City, and make;availgbI&•ae �rogresses-sufficient funds to pay the cost of completion of the -Project; less the balaoce of the'contract price, including other costs and damages f6r-whieti•6umly maybe liable. The term "balance, of the contract 'price". as used-:irf_this df t,�Paph-�hall mean the total amount payable to Contractor by the City-unaerilie•t3o`n-iractand any modification :R thereto, les$ •eny amount p1teyiously 01 `by'tli®:�c;ty; tribie Contractor -and any other set offs pursuant to the Contract Documents. - " III*.'-', 'Pertrfit'the, Clt�to •complete the -Pr'oJect W*y manner-bonsl5tent with California • law and make available as work progresses `sufficfeWfiti ds to' pay -the cost of " dompleflan of the Project, fess the. balartt' cf'the'edntf9bMiM,'inCludlno *Other 'costs and damages for which°Surety may•be*ltable:•°,The term "balance of the contract price" as used In this pa'rag'raph; ghalt'n%,IA: VW.tftl'Wount payable. to _ Contractor:byJhe City under the Contract andany�jYyticliff lbi� 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 bySurety in fulfillment of its obligations in the event of -default. by--the-Contractor... Suiety shall not utilize Contractor in cgmpleting the Project nor shall Surely accepf a bid from Contractor for completion -*of the Project if the City, wVbn declarin6-.the Contractor. in default, notifies Surety of the City's ob ection to Contractor's further participation in the completion of the The Surety, for value received, hereby stipulates and agrees that no' 6'h6nga, extension of time, alteration or addition to the terms of the Contract Documents *or•'to- the Pf'dj� to be performed thereunder shall in any way affect, Its obligations on this.bond, angJt does hgreby waive notice of any such change, extension of time, alteration or addition. to the.terma.of the -'Contract Documents or to the Project. ... . _ . _ By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business In the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.02100120950242.8 -44- 00611s -BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals. this 23rd day of July , 20 20. ' (Corporate Seal) C.S._ Leg acy..Constrt�'tion, Ito Contractorl: `ipoip_ By P\ .... fNSG Tdle !iMatr3trppf President .� r \�� 7' (Corporate Seal) r I c tit. Great Ameranl i adf oc`e Cb an P Ysu z qty -- Q1 • Kevin P jtma yl or0a=Fact ry (Attach Attorney4n-Fact CeAR�' bele) Title__ Attorney -in -Fact The rate of premium on this bond is 14.40 per thousand. The total amount of premium charges is $ 31018.00. ._ ...-...—.. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Great American Insurance Company 750 The City Drive South, Suite 470, Orange, CA 92868 r (Name and Address of Agent or Representative for service of process in Callfomia, If different from above) (Telephone number of Surety and Agent or Representative for service of process In California) Kevin P. Reed PO Box 2352, OrangC7CA"92959' 714 740-3117; 714 469 5788 45- 000113-eouo FORMS 91147.0210%20950242.5 -- - - - - - Notary Acknowiedgri 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 49qurnept. STATE OF CALIFORNIA ... , COUNTY OFOn 20 _, before me,' --rye^ Notary Public, personally appeared. who..provedaa me.ofi the.basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the .within. -Instrument and acknowledged to (*that he/she/they executed- the-same-in-•his/her/thelf'auther.""' pact �ii�txj; 5nd that by his/her/their signatures) on the instrument the person(s), or the entityupofi behalof'wiiitfi-the arson{s) acted," executed the instrument. _... I cartlfj/ under PENALTY OF.RERJURY,under the -laws -of the 611ata6t- r-4 oRiia thathhb.foregoing paragraph Is true and correct. _ ....... WITNESS"my' Fh na anc7 oifi•Ciai`seal. ...........SlgnatUre e�t•)OialYPItt�C - , .. .... .._... _ _ �.. _. .,. .... 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 realtachmontsof-,this form=-?o-anothor--documen(. CAPACITY•CCAfMED 8Y' SIGNER DESCRIPTION VRATTACWED DOCUMENT ._.,Individual fts, p Corporate Officer W. ❑ Partner(s) ❑ Limited p General ❑ Attorney -In -Fact 17 Trustee(s) ❑ Guardian/Conservator (I Other. Signer is representing: Name Of Person(a) Or EnHty(tea) Title or Type of Document I NOTE: This acknowledgment Is to be completed for Contractor/principal. 61147,0210o120950242.5 -46- 006113 -BOND FORMS ****see attached acknowledgment Notary AcknowT®dgi>iien{ - r 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. - - _— •� j-�--�---;�=_==•�• =�� Notary -Public, personally . appeared , who proved to orr the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed -to-the-v+/lthlr0nstrttment'and acknowledged to rrie that. helshe/they exectifed 'tht same in his/her/their,.•aAi fOMO*d: i •.pOWIO), andAhat-•by. his.!her/their signatures) ohlhe instrument the person(s), or•the,entity upon.l;iehalf_-*bPW i 6W tixeperson(s)•acted, executed the instrument. _ I certify under PENALTY OF PERJURY urroer'the laws of the S_ tM�t t fl1 illf(sftiia-that thin foregoing'ppragrgph is true and correct. -- Signature of Notary Public WITNESS my hand and official seal. .�,00,�.,t..a":, OPTIONAL Though the Information below Is not required by law, Ir may prove ,valpekf@•(o•$erspns {plying on the document and could predont Iraudulent rembval and reattachment of this form to Brio?her documirif: ' CAPACITY CLAIMED BY'SIGNER • DESCRIPTIdN'OF AITAt~HED•DOCUMENT ,j' Individual ❑ Corporate Officer _ e a ...'INIOLTM of Document ❑ Partner(s)' ❑ Limited " ❑ General Number of Pages p Attorney -In -Fact o Trustee(s) a Guardian/Conservator Date of e ❑ Other, Signer is representing: Name Of Penson(s) Or Entity(les) 1 S1gWKg)1 NOTE: This acknowledgment is to be completed for the Attorney -€n -Fact. The Power -of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND -47- 00 6113 -BOND FORMS e 1147.021061211850242.6 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET 0 CINCINNATI, OHIO 46202 • 613 -389 -SM a FAX $19-723--2740 The number of persons authorized by ibis power of attorney Is not more than THREE POWER OFATFORNEY No.O 14886 KNOW ALL MEN BV THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, acorporation organized and existing under and by virho of the taws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below, each individually if snore than one is awned, its true and lawful art may -in -6M for it and in its none, place and stead to execute on behalf of the said Company, as suety, any and all bonds, imdcrlWdngs and contracts of suretyship, or other written obligations in the name thereof, provided that the liability of the said Company on any such band, undertaking at emtract 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 SANTA ANA, CALIFORNIA $100,000.000 JON ROSBURG This Power ofAttomey revokes ail previous powers issued on behalf of the auomey(s)-in-fact named above. IN WITNESS WHERGGF the GREKTAMERICAN INSURANCE COMPANY has caused these presems to be signed and attested by its appropriate officers and fts t rate seal hereunto affixed this 2M day of JULY 2010 GRF.ATAMERICAN INSU NCE COMPAN Rw 4 .WlttmrtSrart�y INrLlamt &alar iter Rrekirnr STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK taCAM (877.97r.z40% On this 2STH day of JULY 2019befaremepersorallyappearedMARK VICARIO,tomckwayk being duly sworn, deposes and says "he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great Americo Insurance Company, the Company described in and which executed the above instrument; thathe knows the seal ofthe said Company; that the seal aifixedto the said innstrcmunt is suds oonparate seal; chit it was so alibied by authority or his office under the By -Laws of said Company, and that he signed his name thereto by hire authority. I�ImIta�Iraala ,i`P' �+I►ce9,iwl�olle�wi9e�.�emo This PowuofAnamey is granted by authority of the following resolutions adopted by rho Board of Directors of Onset American Insurance Company by unanimous written consent dated lune 9, 2009. RESOLVED: That the Drvuhxwl Ptushkitt. the several DivisiwtalSentor Ike fbesrdents. Dlvlsiarol rrtce pbesidertu and DAlsonal Assistant t-rese Aw dente or any ace ofthen be and hereby a autltareedf vm tone to time, toappoW one or mare foornep.in-Fact to a wwre on behirrojthe C.ompatry, assco rot artymad all bo+vdr. utA*rtaktngsand contract: ofs rrouhig or other wridert obllgattrmr in the nature therrof.• top ascribe their reipedim dudes and the mvecssw Nmits oftheirataharty,• and to revoke any such appofntmertt as any time. RESOLVED FURTHER: 7bx the Canwarry seal and the signature of arty of the oforesard officers and racy secretary or Assistant Servetary gf the Company may be of and byf ratmik to a rypower gf i rorrrey or cs rt� of elthergrven for the esecurlon of any bond undertaking contract of sunrryihiA or other written obligarion to the narm thereof stah signature and seal whan so rued being hereby adopted by the Canipary ojkvr and the ortgtnal seal gf the Campmry, to be valid and bituhn saran the Company with rhe same force andgaFd orhast minually ud ofsuch CERTIFICATION 1. STEPHEN C. BERAHA, Assistant Secretary of Orcat American Insurance Company, do hereby Certify that the the Resolutions of the Board of mtcuors of June 9.2009 have not been revoked and are now in toil forte and elfccL Signed and seated this 23rd SteOoo(arnq day of July ,.11% itt,rtt. ) C) : w rrt�F<�n '2020 44.— e. AuuramSeenary 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 t JULY 24, 2020 before 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 cepacity(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./!: aop;AF CLAS qI• -%-'Notary puDb, Calll tF� . .... San Oerna,yinp (uumy p 1289219 Signature( ,2� ( tiW✓(Seal) mLpf •. 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 July 23, 2020 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. i c 4 rLti Signature (Seal) :Bond Number: 3340010 "r)iond Premium: Included 1.2 Payment Bond-Rabor and Materials) KNOW ALL MEN BY THESE PRESENTS That "'' • ='"2 WHEREAS, the City of San Juan Capistrano(hereinafter,d�;3ignr�.X ti"ty"�, by action taken .or a resolution passedQ,�,, rias awarded to C.S. Lea Construction; Irrc.., ;' `�' hereinafter designated•a =ttre "PfR% ocltract for the work described as follows: Contract No. 20204 (the "Project"); ' ._ _. ...m_4•_:,.µ._ ,. _ :WHEREAS, said Princi_l is `��'�''�` •' -�=== pa. - requiredto furnish a bond i �4aid.contract• providing that if said Principal or any *of its Subcontractors shall: flail -tc3_,:ftfal; aerials, provisions, provender, equipment, or other supplies used In, upon, in�'�ir abbrft the pit' tmance of the work contracted to be done, or for any. work or labor done thereon-o€-any-kind=•ooO for amounts due under*the Unemployment' Insurance Code or•for any amo-artts-req&ed1O'tw deducted, withheld, and paid over to the Employment Development Department from"the" - ' efs-tif employees of said wad._...... Principal -and its -Subcontractors with: respect to' such work or- labor the'SurAty on this bond will Pay -for the same to the eXfent herelnafte'r set forth. _ . __ . --• - '.•NOW'THEREFORE-, we; the Principal -and -Gt"t AnwHi as Insurauce:",-. s Surety, are held and finely bound unto tate City in the penal sum of 209;_57 : -s ($ W 'lawful•mbney of theF1JnIW&States- of America; for the •payment*OMhtch'sum well and truly to be made, we bind -ourselves, our heirs, executors, administrators, successors -and assigns, jointly and sbvi9r6IIk, firmly by thesi 'ptb' eFtts: _ -= --- - ---_ ,. 'two hundred and nine thousand five hundred and seventy five'and 001100 -'fly i✓ONDIl"ION OF THIS 6BLItAIOIV i$ SUt✓H that if sald Prin I, his or its subcontractors, heirs,'executors, administrators, successors or assigns, shaif fairto'pay arty of the persons named -in .Civil Code Section 9`100, fail to -pay for any.materials,-previsions.oeotUar-supplies•,-•used-in; .-- upon, for or -about the performance of the work contracted -to tie done, or -for any work or labor thereon of any kind, or amounts due -under -the Unemployment4nsurance4ode-with respect to. - work or labor -performed under the contract, or for any a" tspr guimd•to he deducted, withheld,. and paid over to the Employment Development Department or,Frii chpeeBoard from the wages of employees of the-conftctor and his subcontractors pursuant -to Revenue and I tation Code Section 113663, with res€ecttq such Work and.(PhgLthe.&reiy..oLsuEpttes will pay for the same, in an amount not exceeding the sum hereinabove spec e�;=ancT`also, in case suit is +' brought upon this bond, all litigation expenses incurred. by -the City- in -such suit, including - reasonable attorneys' fees, court costs, expert witness fees and.investigatiod expenses. w .This bond shall inure to the benefit of any of the persons niilUOctJR.QVIl.Ccrdq Section 9100 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 obllgation 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 pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terns 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 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 61147.02100120950242.5 -48- 00 6113 -BOND FORMS .. this bond be construed most strongly against the Surely. and in_favor of'all persons for whose benefit such bond Is given, and under no Circumstances shall Surety be releaaetl from liability to those for whose benefit such bond has been given, by reason of any bierel of contract between the owner or City and original contractor or on the part of any . obliges +lamed in such bond, but the sole conditions of recovery shall be that claimant Is a person d-gesbedim Civil Code Section 9100, 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 modihGoton herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby GeMirmsnpa%penalty (if perjury that - surety is an admitted surety Insurer authorized to do business in the 8fafe 9f California. IN WITNESS WHEREOF, we have hereunto set our hands_ and.:seals'this 23rd day of ruts .2020. .. . (Corporate Seal) C.S. Ldgefy Cw. umcuon, Inc Contractor Thin ^tPf. P[esident (Corporate Seal) d q`� ?[�> Great` rance Company - - 9".;,�f'•s.:` ` � c Surety-'- - m; By N ydY.�1," , m_n �Kevin P. Reed, Ae act (Attach Aftomey-in-Fact Certlflcat�)""Title Attorney-in-fact _ 51191.021�55242.5 -49- 005110 -Bono FORMS GREAT AMERICAN INSURANCE COMPANY® Adndrtfstzaffw OMM 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 813.569.8000 • FAX 513.723.2740 The number of pennons authorized by this power of attorney is not more than THREE No.0 14866 POWER OFATTORN£Y KNOW ALL MEN BYTHFSE PRESENTS. That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of tho 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 lawfid attorney-irrdhct, for it and in its name, place and stead to execute on behalf of Qte said Company, as surety, any and all bonds, undertakings and contreds of suretyship, or other written obligations in do nature thereof, provided that the liability of the said Company on my such bond, undotlaking or emmict of suretyship euecutod under this authority shall not exceed the limit atoned below. Name Address Limit of Power KEVIN P. REED ALL OF ALL MARCUS A. REED SANTA ANA, CALIFORNIA 5100,000,000 ,ION ROSSURG This Power ofAttorney revokes all previous powers issued on behalf of the anomzy(*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 Affihed this 25TH day of JULY 2019 tlest GREATAMEJUCAN INSU ANCER74L w .tt+Uamrsrae,oy rnatemtstnor run r'nareret STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK MAW fertarr xM On this 25TH day of JULY 2019.bcforemepersonallyappcmedMARK V1CARIO.tomelnowm, halite duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is a Divisional Senior Vice President of die Bond Division of Gnat American Inwrance Company, the Company described in and which McuW the above instrument; thathe hatews the teal of the said Company; that the seal affixed to the said instrument is such omparatc seal; that it was so affixed by aut orty of bis office under the Laws of said Cam by We authority.By paay, and that he signed his arae thereto Il"nakaraala a�c�ilitwlolhe�.ee~�emo This Power efAttorney is gmided by authority ofthe following resolutions adopted by the Baud of Directors of Great American Insurance Company by unmimous written o writ dated June 9, 2009. RESOLVED. UW the Dlvislowl Ptasldent, the sawrral Divisional Senior Vee Preaidenrs. I3fvirtond We Naaknu mud Divisors! Assurant Igoe Presfderrtx worry over ofthem, be and hereby a attAar`ixd fiam tone to time, 10 W01111 one or MM Afterneys-In-Fact to execute on beha f of the CamPMW.. at seeoot mryaadalf bonds, wrckrta+hngr and conbucis ofsm0wWA or other written obltgadonr in etre nobtne dwivetoprrscribe (heir respective aktties and rfw the rurtic Irmfu gNwir aralwrfo,; and to revoke o w seah webown: at any tbno. RESIOLVED FUNT FIER. 77rat the Campmry s d and the s of any of the gfauuratd officers and any may be of zed byf—im* to Lary power gJanorney w orrt�ofeidw riv far the exeeuftn �' St umder or cm& Secretary ;$ the or adwr wrlmrrt obbsolan in the rstrme disrce� sack stgnofxre arisen! whenso and being haebyadopted y the hoop ity.- d Yn� bw si t of sun fxw by CamPa+0 as the arfgfnal sfgrhateuns gJserdi 4#kvand the origLsl seal ofdv Compivw to be valdand bbding upon the Comm NY with At samefo+ce and of a as through amraidly afbred CERTIFICATION 1. STEPHEN C. BERAHA, Assistant Secretary of Grcat American Insurance Company, do hereby certify that de foregoing R the Resolution of the Board of Directors of June 9.2009 have not been revoked mad are now in hill force and edea .• Signed and sealed this 23rd otexswtornq day of ,July ,11eat, U R... VC �'rr,t,sc%u'� '2020 44-- C. a ter a terorary r�JSJra&It a� 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. Slate of California County of SAN BERNARDINO t On JULY 24, 2020 before 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. WITNESS my hand and official seal. '°W,y CAI " caom,°.a 31,+u^in°C°unty K22812 19 Cum,n.[.pne1 1,111. 2023 Signature X�CI',LK �xd• (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 July 23, 2020 before me, Brandon K. Grindel, Notary (insert name and title of the officer) personally appeared Kevin P. Reed, Attorney -in -Fad who proved to me on the basis of satisfactory evidence to be the persons) 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. " JL n Signature h-.� (Seal)^--*'- -