2023 0410 Payment and Performance Bonds..
'
BOND No. 72546140
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, VVHEREAS, the South Tahoe Public
Utility District, El Dorado County, California , hereinafter designated the "Owner", has , on
--/ -I D . 2n 2 ~ awarded to G B General Eng inee ri ng Contracto r. Inc.
he re inafter designated as the uPrincipa l," a contract fo r REBID 2023 Asphalt Patching &
Trench Paving Services Contract.
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
providing that if said Pri ncipal, or any of its Subcont ractors , shall fail to pay for any materials ,
provisions, or other supplies used in, upon, for, or about the performance of the vvork unde r sa id
contract, or for any work or labor done thereon of any kind , the Surety of this bond will pay t he
same to the extent hereinafter set forth:
NOW, THEREFORE, WE., the Principal, and WESTERN SURETY COMPANY
-----------------------------· as Surety, are held and firmly bound unto the Owner the penal sum of ___________ _
Fou r Hundred S ixty N ine Thousand Five Hundred Forty and no /1 00 dollars ($ 469 540 QQ )
lawful money of the Un ited states, for the payment of wh ich sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, or its
heirs , executors, administrators, successors, or assigns, shall fail to pay any person specified in
California Civil Code Section 3181, or for any materials, provisions, or other supplies used in,
upon, for, or about the performance of the work under said contract, or for any work or labor
thereon of any kind or for any amount due under the Unemployment Insurance Code with
respect to work or labor performed under said 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 Principal and his subcontractors pursl1ant to the
Revenue and Taxation Code §18663, or with respect to any work or labor for which a bond is
required by the provisions of Sections 3247 through 3252, inclusive , of the California Civil Code.
and provided that the persons, companies, or corporations so furnishing said materials,
provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance
of the work under said contract, or any person who performs work or labor upon same, or any
person who supplies both work and materials, thereto, shall have complied with the provisions
of said Civil Code, then said surety will pay the same in or to an amount not exceeding the
amount hereinbefore set forth , and also will pay in case suit is brought upon this bond, such
reasonable attorney1s fees to Owner as shall be fixed by the court.
This bond shall inure to the benefit of Owner and any and all persons, companies, and
corporations and their respective assigns entitled to file claims under applicable State law,
including but not limited to, California Civil Code Section 3181, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of said contract or to the work to be performed
thereunder or to tho specifications accompanying the same 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 or to the work or to the specifications. Said
REBID 2023 Asphalt Patching & Trench Paving Services Contract
Additional Information and Forms
Page 13
March 2023
' .
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
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 fraud practiced by any third party nor by any
breach or alleged breach by the Owner, and the sole condition of the surety's obligation is that a
parson listed in Civil Coda §3110 or 3112 has not racaivad full paymGnt on its claim.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by Owner in successfully enforcing such obligation , all to be taxed as costs and
included in any judgment rendered.
IN VVITNESS WHEREOF, the above parties have executed this instrument under their seals this
10th day of April , ~. the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
represantative, pursuant to authority of Its governing body.
GB General Engineering Contractor, Inc.
(Principal)
( 1tle)
WESTERN SURETY COMPANY
(Surety)
/::&~~uv&()JY1 /:wma~TTORNEY IN FACT
(Signatue for Surety) (Title)
Surety's address in California for service of process:
CUMMINS INSURANCE AGENCY, INC.
4401 HAZELAVENUE, STE 110
FAIR OAKS CA 95628
REBID 2023 Asphalt Patching & Trench Paving Services Contract
Additional Information and Forms
Page 14
March 2023
' ,
ALL-PURPOSE 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 }
ci SS .
County of .i>~_e_oi.~-------
On ApJil IQ_,....,,2=0<-=2=3...._ ____ ., before me, ~A~·_.::Kn~!!:.i rh~t---===============---. Notary Public,
DATE
personally appeared Deborah Judeen Cummins ----------... who proved to me on the
ba i. of . atisfactory evidence to b e th person~) who;e name(~) is /afe sub cribe d to the within instrument
ant.I acknowledged to me that-tte/she/ihey executed t he
same in-!tts /h r/H1cir authoi-ized capa ity~J, an d th at
by h-i-e/hcr /tAe-iT-ignature(~) on the in . trumenl 1'11c
perso n eii}' or Lhe entity upon behal f of which t h e
person('&) acted, executed the instrument.
PLACE NOTARY SEAL , IN ABOVE SPACE
I certify under PENALTY OF PER.JURY under the
laws of the State of California that the foregoing •
paragraph is true and correct.
,al seal.
'
--------• OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could pre cnt fraudulent attachment
of this fonn to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
0 INDIVIDUAL
0 CORPORATE OFFICER
0 PARTNER(S)
[Z] ATTORNEY-IN-r'ACT
0 GUARDIAN/CONSERVATOR
0 SUBSCRIBING WITNESS
l'ITLE(Sl
0 OTHER: ___________ _
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYOES)
Western Suret Company ___ _
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
2 ages+ POA ------~-·
NUMBER OF PAGt::S
A ril 10, 2023
DATE OF DOCUMENT
Bond # 72546140 G B General En
OTHER
RIGHT
THUMBPRINT
OF
SIGNER
Al'AUl/2015 NOTARY HONDS, SUPPL JES AND fORMS AT HTTP://WWW.VALLl'Y-SIERR 1\ C0\<1 •:'. 2005-~017 VAl.l,F.Y-SIERRA INSURANCE
BOND No . 72546140
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the South Tahoe Public
Utility District, El Dorado County, California , hereinafter designated the 110wner," has, on
L.f -/0 ;lQ?3, awarded to G B G en era l E ngi neering Contracto r. Inc. ,
hereinafter designated as the "Principal," a contract for REBID 2023 Asphalt Patching &
Trench Paving Services Contract.
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Bid
Documents for the Services, (hereinafter referred to as "Bid Documents"), the terms and
conditions of which are expressly incorporated herein by reference; and
'M-iEREAS, said Principal is required under the terms of said contract to furnish a bond for the
faithful performance of said contract:
NOW, THEREFORE, WE, the Principal , and WE STERN SU R ETY COMPANY
as
Surety, are held a nd firmly bound unto the Owner the penal sum of _________ _
Four Hundred S ixty N in e Tho usa nd Five Hundred Forty and no/100 dollars {$469,540.00 )
lawfu l money of the United States, not less than one h undred percent (100%) of the Contract
price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal , or its
heirs , executors, administrators . successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in
the said contract and any alterations made as therein provided, on its or their part, to be kept
and performed at the time and in the manner therein specified , and in all respects according to
their true intent and meaning, and shall indemnify and save harmless, Owner and Engineer their
officers, agents, and employees as therein stipulated, then this obligation shall become null and
void; otherwise it shall be and remain in full force and virtue and Principal and SurGty, in the
event suit is brought on this bond, will pay to Owner such reasonable attorney's fees as shall be
fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation
in the said amount shall hold good for a period of 1 year after the completion and acceptance of
the Work, during which time if the above bound Principal, its heirs. executors, administrators.
successors. or assigns shall fail to make full, complete, and satisfactory repair and
replacements or totally protect said Owner from loss of damage made evident during said
period of one year from the date of acceptance of the work under said contract, and resulting
from or caused by defective materials or faulty workmanship in the prosecution of the work
done , the above obligation in the said amount shall remain in full force and effect. However ,
anything in this paragraph to the contrary notwithstanding, the obligation of the Surety
hereunder shall continue so long as any obligation of the Principal remains, Nothing herein shall
limit the Owner's rights or the Principal or Surety 's obligations under the Contract, law or equity ,
including, but not limited to, California Coda of Civil Procedure §337.15.
Whenever Contractor shall be, and is declared by the Owner to be, in default under the Bid
Documents, the Surety shall remedy the default pursuant to the Bid Documents, or shall
promptly at the Owner's option: (1) take over and complete the Project in accordance with all
REBID 2023 Asphalt Patching & Trench Paving Services Contract
Additional Information and Forms
Page 9
March 2023
terms and conditions in the Bid Documents; or (2) obtain a bid or bids for completing the Project
in accordance with all terms and conditions in the Bid Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the Owner, and make available as work progresses sufficient funds to
pay the CQSt of completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable: or (3) Permit the Owner to complete the
Project in any mannar consistent with California law and make available as work progresses
sufficient funds to pay the cost of completion of the Project1 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 Owner under the Contract and any modification thereto, less any amount previously paid
by the Owner to the Contractor and any other set offs pursuant to the Bid Documents.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension
of time. alteration. or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same 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 or to the work or to the specifications. Said Surety hereby
waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by Owner in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Whenever the Principal shall be, and declared by the Owner, in default under the Contract, the
Surety shall promptly remedy the default or promptly pay the amount of the bond to the Owner.
IN WITNESS VVI-IEREOF, the above parties have executed this instrument this
10th day of April , ~. the name of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
GB General
Surety's address in California for service of process:
CUMMINS INSURANCE AGENCY1 INC.
4401 HAZEL AVENUE, STE. 110
FAIR OAKS CA 95628
REBID 2023 Asphalt Patching & Trench Paving Services Contract
Additional Information and Forms
Page 10
March 2023
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
ce1tificate 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 }
.s SS .
County of tii_C a.mkoto~-------
On Arui l 10~,--=2=0=2=3_:-_-_ -_ -_ -_ -_ -_-_,before me, A. Knigp.t Notary Public,
DATE
pers onally appeared Deborah Judeen Cummins ----------_, who proved to me on th e
basis of satisfacto ry evi d e n e 10 be l'be pe r . on( w h o:e na m e(~j_ja-re 'Ubscribed LO Lhe wilhin instrume nt
an d ac kn ow ledged to m e that he/~ttftey exec ute d the
:-;am e in i:ml /~thetr a u tho ri zed capac ity(i'ei , a nd th at
by l:i+s/h cr/t-h-cn · ignature( ·) on t he in t r umen t t h e
per on (-· -or the e nt ity up o n behalf of which t h e
person(s-) acted, executed the instrument.
I certify under PENALTY OF PER.JURY under the
laws of the State of California that the foregoing ,
paragraph is true and correct.
Wllzz_j h-a-nd_n.....;:n_d_-<----"'1'----1-----
PLACE N OTARY SF.Al. IN AlmV l• SPACE
--------• OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this fonn to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
□ □ □
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S)
[2) ATTORNEY-IN-FACT
0 GUARDIAN/CONSERVATOR
0 SUBSCRIBING WITNESS
0 OTHER: .. ____ _
l'TTLE(Sl
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSONtS) OR ENTITY(IES)
Western Suret Com any
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLEORTYPEOFDOCUMENT
2 ages+ POA ------~-
NUMBER OF PAGl::S
.f!. ril 10 , 2023
DATE OF DO CUMENT
Bond # 72546140 G B General En
OTIIER
RIGHT
THUMBPRINT
Or
SIGNER
APA O l/201 5 NOTARY BONDS, SUPPLIES AND rG RMS AT HTTP://WWW.VAL LEY-SIERRA COM ,r;, 2005-20 17 VAI.I .F.Y-S lERR A IN SURANC E
Western Surety Company
POWER OF ATTORNEY -CERTIFIED COPY
Bond No.7 2 5 4 6 1 4 0
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint DEBORAH JUDE EN CUMMINS
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: G B General Engineering Contractor, Inc.
Obligee : SOUTH TAHOE PUBLIC UTILITY DISTRICT
Amount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies , undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assi s tant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may b e printed by facsimile ."
If Bond No . 7 25 4 614 0 is not i ssued on or before midnight of Octo ber 15th, 2023 , all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof, Western Surety Company h as caused these presents to be signed by its Vice President, Paul T . Bruflat, and
its corpor a ~,~MJJo be affixed this 10th day of Apri 1 2 023
~~::~~:Rrr~~3~.i.,
!~;;;:;_~~t
=~,;i!....! ~ ::-5!:
!.'!.;,-:..ti -i.E,~
~~ O~Q.l~~ f 1..~~.....,. ~ F---.-·:~:: ;F f ss
Cvt,~~'f?!:~~
Paul T . Bruflat,
Vice President
--·ti_f.--: i ff g~'= :t..?---:.·
On '~]iflm!s-J.Ei£h day of Apr i 1 , in the year 2 0 2 3 , before me, a notary public, personally appeared
Paul T . Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WE STERN SURET Y COMPAN Y and a cknowledged said instrument to be the voluntary act and deed of said c o~r p oration . ~f .:,.,,., .. .,., ..................................... ♦ i M.BENT $ }Y}
., ~NOTARY PUBLl(..~J' _____ __.l!_+'---_,_~--'--~'-""'~-~-
$~s0UTH DAKOTA SEAL ~'Notary Public -South D akota ., J'
............................................... +
My Commission Expires March 2, 2026
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do h ereby certify that the
attached Power of Attorney is in full force and effect and i s irrevocable, and fnrthermore, that Section 7 of the bylaws of the Company
as s et forth in the Power of Attorney is now in force.
In tes timon)' whereof, I have hereunto set my hand and seal of Western Surety Company this ----=l~□~t=h~-----day of
Apr.1.l , 2023 .
To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services> Validate Bond Coverage.
Form F5306-11-2020