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Performance BondPremium is for Contract Term and is Subject to Adjustment Based on Final Contract Price. Executed in Triplicate Bond #107724248 Premium $16,313.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the South Tahoe Public Utility District, El Dorado County, California, hereinafter designated the "Owner," has, on 6 2023 awarded to T & S Construction Co., Inc. hereinafter designated as the "Principal," a contract for the construction of the Secondary Clarifier No. 2 Rehabilitation Project. WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project date Anril 6, 2023 . (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, WE, the Principal, and Travelers Casualty and Surety Company of America . as Surety, are held and firmly bound unto the Owner the penal sum of *See Below dollars ($ 2,064.900,00 ) lawful money of the United States, not less than one hundred percent (100 percent) 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. *Two Million Sixty Four Thousand Nine Hundred & No/100--- 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 Surety, 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 Code of Civil Procedure §337.15. Whenever Contractor shall be, and is declared by the Owner to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly at the Owner's option: (1) take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) 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 Owner, 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; or (3) Permit the Owner 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 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 Contract 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 WHEREOF, the above parties have executed this instrument this 25th day of April 1 2023, 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. T & S Construction Co., Inc. (Principal) Z�r�`t 1 ! d eSi�Bvr (Signature for Prirfcipal) (Title) Surety Travelers Casualty and Surety Company of America /N( h .4 CA (JVti (Sig r ture for Surety) (Title) Julie A. Shiroma, Attorney -In -Fact Surety's address in California for service of process: Melissa DeKoven 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833-3505 (See Attached) 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 valldity of that document. STATE OF CALIFORNIA ) ) SS. COUNTY OF ) On before me, , 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 as the representative of the Surety acknowledged to me that he/she executed the same in his/her authorized capacity, and subscribed the name of the (Surety) thereto and his/her own name as the representative of the Surety. 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. Notary Public in and for said State (SEAL) Commission expires: NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. 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 Placer On April 25, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Julie A. Shiroma 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. K. HANLEY Notary Publ{[ • Cal iforniaP!acer Z x*my CC mazer 4 238 1 WQ Q (Seal) xComm.nty Expin s 14ov 30, Signature � � om• Expires vas aa. 2025 ` Travelers Casualty and Surety Company of America AW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thai Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and St. Paul Fife and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein, collectively called the 'Companies'), and that the Companies do hereby make, constitute and appoint Julie A. Shiroma of ROSEVILLE . California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on nehalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut City of Hartford ss. By Roi7erl L. Rane , Hier Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 f,ylrp,y❑~1r�� !' NOTAflY n • +ram p1WG � U Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys•in-Fact and Agents to act For and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a Mond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditlonal undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 25th day of April , 2023 ooG G Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this PowerofAttorney is attached.