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DICK MILLER, INC.
PAYMENT BOND ( LABOR & MATERIALS)
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DocuSign Envelope ID: 21D16CDF- 89Fl- 45E6- 9BOB- 78B4B4C6CABD Bond No. 024265883
Premium: $ 17, 942. 00
Effective Date: June 6, 2024
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
The Buena Sanitation District (" District") has awarded a contract ( the " Contract") to Dick Miller, Inc. (" Principal") as follows:
Emergency Modifications - Buena Outfall Forcemain Phase III Modifications ( CIP No. 8131), which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to Commission.
NOW, THEREFORE, we, the undersigned Principal, and
The Ohio Casualty Insurance Company
790 The City Drive South, Suite 200
Orange, CA 92868
714- 634- 5722
Name, address, and telephone number of Surety)
Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto District in the penal sum of Two Million Two Hundred Fifty Thousand Two Hundred Sixty Six Dollars 2,250,266. 00), this amount being not less than one hundred percent ( 100%) the total contract price, in 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 the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal' s part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless District and its officers, agents, and others as therein provided, from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by District by reason of the failure or default on the part of Principal in the performanceof any or all of the terms or the obligations of the Contract Documents, as they may be amendedand supplemented including, but not limited to, Principal' s liability for District' s damages ( including direct and consequential damages incurred by District for: rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal' s delays, as well as Principal' s liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
When District declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
a) Remedy the default;
b) Undertake through its agents or independent contractors reasonably acceptable to District, to complete the Project according to the Contract Documents' terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by District; c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by District, select a contractor or contractors — acceptable to District — to complete all of the Work, and arrange for a contract between the contractor( s) and District, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of BUENA SANITATION DISTRICT Page 1 of 3 DICK MILLER, INC. 00065307 4 [00065307 21 PERFORMANCE BOND ( FAITHFUL PERFORMANCE) 4864- 1534- 9188, v. 2
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DocuSign Envelope ID: 21 D1 6CDF- 89F1 - 45E6- 9BOB- 78B4B4C6CABD completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor' s default;
d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
i) After investigation, determine the amount for which it may be liable to District and, as soon as practicable after the amount is determined, make payment to District; or ii) Deny liability in whole or in part and notify District, citing the reasons for denial.
If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from District to Surety demanding that Surety perform its obligations under this Bond, and District shall be entitled to enforce any remedy available to District. If Surety admits liability and tenders payment, and District refuses the payment, or Surety has denied liability, in whole or in part, without further notice District shall be entitled to enforce any remedy available to District.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys' fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys' fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
District is an intended beneficiary of this bond and has all rights of a party thereto.
Text and signatures continued on page 2.]
BUENA SANITATION DISTRICT Page 2 of 3 DICK MILLER, INC. 00065307 4 [ 00065307 21 PERFORMANCE BOND ( FAITHFUL PERFORMANCE) 4864- 1534- 9188, v. 2
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DocuSign Envelope ID: 21 D16CDF- 89F1- 45E6- 9BOB- 78B4B4C6CABD IN WITNESS WHEREOF, two ( 2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative( s) pursuant to authority of its governing body.
Dated: June 6, 2024
Principal"
DICK MILLER, INC. --
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By:
Signature
Name and Title
Seal)
APPROVED
Amanda L. Guy
20240531094414
Surety"
The Ohio Casualty Insurance Company
By:
Signature
Bart Stewart - Attorney - in - Fact
Name and Title
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This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey- in-fact must be attached.
BUENA SANITATION DISTRICT
00065307 4 [ 00065307 2]
4864- 1534- 9188. v. 2
PERFORMANCE BOND ( FAITHFUL PERFORMANCE)
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This Powerof Attorney limits the acts of those namedherein, and they haveno authority to bind the Companyexcept in the mannerand to the extent hereinstated.
Liberty
Mutual
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8206236 - 969556
KNOWNALLPERSONSBYTHESEPRESENTS: ThatTheOhioCasualtyInsuranceCompanyis acorporationdulyorganizedunderthelawsoftheStateof NewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStaleofMassachusetts, andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana {hereincollectivelycalledthe'Companiesl, pursuanttoandbyauthorityhereinsetforth, doesherebyname, constituteandappoint, BartStevart all of thecity of Enc iniLas state of CA eachindividuallyiftherebemorethanonenamed, itstrueandlawfulanorneyin-facttomake, execute, seal, acknowledgeanddeliver• farandanitsbehalfassuretyandasitsactanddead, anyandallundertakings, bonds, reoognizancesandothersuretyobligations, inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesin [heirawnproper persons.
INWITNESSWHEREOF, thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 3rd dayof September , 2021 .
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LibertyMutualInsuranceCompany
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1NSUI TheOhioCasualtyInsuranceCompany
West American Insurance Company
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David M. Carev. Assistant Secretary
43) Onthis 3rd dayof September , 2021 beforemepersonallyappearedDavidM. Carey, whoacknowledgedhimselftobetheAssistantSecretaryofLibertyMutualInsurance w Company, TheOhioCasualtyCompany, andWestAmericanInsuranceCompany, andthathe, assuch, beingauthorizedsotodo, executetheforegoinginstrumentforthepurposes thereincontainedbysigningonbehalfofthecorporationsbyhimselfasadulyauthorizedofficer. a 03
INWITNESSWHEREOF, I havehereuntosubscribedmynameandaffixedmynotarialsealatling ofPrussia, Pennsylvania, onthedayandyearfirstabovewritten.
O i5 p g r0C CYn morweaah of PennrWvanlia - Notary Baal 4) tUGpD'
4f= % Teresa PaslellNotaryPublic Montgomery
County O .
O• r My
commissionexpires March 28, 2025By• O (
0 Carnmes m numoer1126094 syt¢'
c Member, Pems nimAssaca6mofNaAu4peresaPastella, NotaryPublie C) 2 ThisPowerof Attorneyis madeand executedpursuantto andby authorityof thefollowingBy- lawsand Authorizationsof TheOhioCasualtyInsuranceCompany, Liberty Mutual0 InsuranceCompany, and WestAmericanInsuranceCompanywhich resolutionsare nowin fullforceand effectreadingas follows: ARTICLE IV— OFFICERS: Section 12. Powerof Attorney. Any
officeror otherofficialof theCorporationauthorizedfor thatpurposein writingby theChairmanor thePresident, and subjectto suchlimitationas theChairmanor thea President
may prescribe, shall appointsuch attorneys -in - fact, as maybe necessaryto actin behalfof theCorporationto make, execute, seal, acknowledgeand deliveras suretyUany andall undertakings, bonds, recognizancesand othersuretyobligations. Such attorneys -in - fact, subjectto thelimitationsset forthin theirrespectivepowersof attorney, shall o " have full powerto bindthe Corporationby theirsignatureand executionof anysuchinstrumentsand to attachtheretothe sealof theCorporation. When so executed, such Z instruments shall he asbindingas if signedby thePresidentand attestedto bytheSecretary. Any poweror authoritygrantedto anyrepresentativeor attorney -in - factunderthe provisions of thisarticlemay be revokedat anytimeby theBoard, the Chairman, the Presidentor bytheofficeror officersgrantingsuch poweror authority. ARTICLE All — Executionof Contracts: Section 5. SuretyBonds and Undertakings. Any officerof theCompanyauthorizedfor thatpurposein writingby thechairmanor thepresident, and subjectto suchlimitationsas thechairmanor thepresidentmay prescribe, shall appointsuch attomeys-in- fact, as maybe necessaryto actin behalfof theCompanyto make, execute, seal, acknowledgeand deliveras suretyany andall undertakings, bonds, recognizancesand othersuretyobligations. Such attomeys-in- factsubjectto thelimitationsset forthin theirrespectivepowers of attorney, shall havefull powerto bindtheCompany by theirsignatureand executionof anysuchinstrumentsand to attachtheretothe sealof theCompany. When so executedsuch instrumentsshall be asbindingas if signed by thepresidentand attestedby thesecretary. Certificate of Designation — The Presidentof theCompany, acting pursuantto theBylawsof theCompany, authorizesDavid M. Carey, AssistantSecretaryto appointsuch attorneys -in - fact as maybe necessaryto actonbehalfof theCompanyto make, execute, seal, acknowledgeand deliveras suretyany andall undertakings, bonds, recognizancesand othersuretyobligations.
Authorization —
By unanimousconsentof theCompany's Boardof Directors, the Companyconsentsthat facsimileor mechanicallyreproducedsignatureof anyassistantsecretaryof theCompany, whereverappearingupon a certifiedcopy of anypowerof attorneyissuedby theCompanyin connectionwith suretybonds, shall be validandbindingupon the Companywith the sameforce and effectas thoughmanuallyaffixed. I,
ReneeC. Llewellyn, the undersigned, Assistant Secretary, The OhioCasualtyInsuranceCompany, Liberty MutualInsuranceCompany, and WestAmericanInsuranceCompanydo hereby certifythat theoriginalpowerof attorneyof whichthe foregoingis afull, trueandcorrectcopy of thePowerof Attorneyexecutedby saidCompanies, is infullforceandeffectand has not beenrevoked. IN
TESTIMONYWHEREOF, I havehereuntoset my handand affixedthe sealsof saidCompaniesthis 6th day of June 2024 L 1NSiIR4ZY 1Ns&. d iNStrqoat
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Renee
C. Llewellyn, AssistantSecretaryBhj * t- ' s' H * ha dyr * f• LMS- 12873 LMIC OCIC WAIC Multi Cc 02/ 21 W
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
San Diego
On June 6, 2024
Date
personally appeared
before me, S. L. Holcomb , Notary Public
Here Insert Name and Title of the Officer
Bart Stewart
Name( s) of Signer( s)
who provedto me on the basis of satisfactoryevidenceto 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 authorizedcapacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
5. L. HOLCOMB
COMW * 2478125
WrAWFLOW • CALWORw
SAN DIEGO COUNTY
Comm. EKPLJAN. 1. 2028
Place Notary Seal Above
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 _', 14
Signature of Notary Public
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: Document Date:
Number of Pages: _ Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signers Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
n Other:
Signer Is Representing:
02014 NationalNotaryAssociation - www.NationalNetary.org • 1-800-USNOTARY (1-800-876-6827) Item # 5907 06/24/2025
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument to whichthis certificateisattached, and not thetruthfulness, accuracy, or validity of that document.
State of California
County of Sa" u" Q1Q 1
On - 5ux- - 9. gofzR before me, / t'fs` wti.a,,*
I-
Date Here Insert Name and Title of the Officer
personally appeared
Name( s) of Signer( s)
who proved to me on the basis of satisfactoryevidence 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
Mtii AOAIIZY
laws of the State of California that the foregoingNotary Public - California SanDiegocounty paragraph is true and correct.
Commission # 2489017
My Comm. Expires May 3, 2028 WITNESS my hand and official seal.
Signature
Place Notary Seal and/ or Stamp Above Signature of Notdfy Public
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:
Document Date:
Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Corporate Officer - Title( s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
2019 National Notary Association
Number of Pages:
Signer' s Name:
Corporate Officer - Title( s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
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