Performance BondCA Bond No.5185506
PERFORMANCE BOND
KNOWALL PERSONS BY THESE PRESENTS,THAT,WHEREAS,the South Tahoe Public Utility
District, El Dorado County, California, hereinafter designated the "Owner," has, on
December , 21 , 20 23 awarded to
Vinciguerra Construction, Inc. hereinafter designated as the"Principal,"a
contract for the construction of 2024 HERBERT WALKUP PIPELINE REPLACEMENT PROJECT.
WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract
Documents for the Project date December 21,2023 , (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 Great American Insurance Company
as
Surety, are held and firmly bound unto the Owner the penal sum of Five Million Five Hundred sixty-Five Thousand six Hundred Thirty
dollars($5,565,630.00 lawful money of the United States, not less than one hundred 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
employeesas 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 Owners 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 setoffs 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.
Asa 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 attomey'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
3rd ',:day'of, Tanuary•• ' 2024;.the name of each corporate
party being hereto affixed And.•these presents duI.y signed.by. its.undersigned representative,
pursuant to authority.of,its•governing body.
Austin Vinciguerra
Principal)r_
President :
h ,
Signature-for•Principal).(Title).•:.. .. . .
Surety: •Great• Inerican•Insurance Company .
Robert Man sero
yd2bc. /A.ttorney-In-Fact
Signature ., rety) '(Title)
2
Surety's address in California for service of process:
Great American Insurance Company
1255 Treat Blvd.,Suite 810
Walnut Creek, CA 94597
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
SS.
COUNTY OF Amador
On Tanuary 3,2024 before me,- T.Portzer,Notary personally
appeared Robert Manassero 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..:QreaL&merican Insurance Co. (Surety)
thereto and his/her own name as the representative of the Surety.
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.
T.PORTZER
Notary Public-California..
y,.,, Amador County Notary Public in and for said State
Commission#2450965
My Comm.Expires Jun 20,2027
SEAL)
Commission expires: June 20.2027
NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must
be attached hereto.
3
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189
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 Amador
On January 3, 2024 before me, T. Portzer,Notary
Date Here Insert Name and Title of the Officer
personally appeared Austin Vinciguerra
Name(s)of Signer(s)
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.
T.PORTZER
fir'r. Notary PublicorCouCaliforniaAmadorCounty WITNESS my hand and official seal.
Commission#2450965
My Comm.Expires Jun 20,2027
Signature
Place Notary Seal and/or Stamp Above Signature of Notary 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer-Title(s): Corporate Officer—Title(s):
Partner— 0 Limited 0 General Partner— 0 Limited 0 General
Individual 0 Attorney in Fact 0 Individual Attorney in Fact
Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
2019 National Notary Association
4
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 ONE
No.0 21462
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
ROBERT MANASSERO JACKSON,CALIFORNIA 100,000,000
This Power of Attorney revokes all previous powers issued on 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 this 28TH day of JULY 2020 .
Attest GREAT AMERICAN INS CE COMPA
L SBVea
t.cF 4 e. 3
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARIO(877-377-2405)
On this 28TH day of JULY 2020 ,before me personally appeared MARK VICARIO,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 Division of 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 seal 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.
SUSAN A KOHORST
Notary Public
State of Ohio
aye-' `'° My Comm.Expires Lk/h. be
May 18,2025
This Power of Attorney 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.
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 Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking, contract ofsuretyship,
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 ofthe Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this 3rd day of January 2024
Assistant Secretary
S1029AH(03/20)