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CMP02D USS CAL BLDRS PERFORNANCE BONDISSUED IN TWO (2) ORIGINAL COUNTERPARTS BOND NUMBER 24042755 Encinitas Coigununity Pcn It: PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Encinitas (hereinafter referred to as "City ") has awarded to USS CAL BUILDERS INC. (hereinafter referred to h '/ referred to as the "Project ") as t e Contractor ) an agreement for ENCINITAS COMMUNITY PARK - CMP02D(hereinafter WHEREAS, the work to be performed by the Contractor is more particularly 'set forth in the Contract Documents for the Project dated - -7 - 969 ` a- , (hereinafter referred to as "Contract Documents "), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, USS CAL BUILDERS INC. , the undersigned Contractor and SAFECO INSURANCE COMPANY OF AMERICA as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of *see below DOLLARS, ($17,087,681.63 ), said sum being not less than one hundred percent (100 %) of. the total amount payable pursuant to the public works Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. *SEVENTEEN MILLION EIGHTY -SEVEN THOUSAND SIX HUNDRED EIGHTY -ONE & 63/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that, 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 perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless City, its officers and agents, 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. The bond shall be executed by an admitted surety insurer. As a part of the obligation secured hereby and in addition to the face amount specified therefore, and with respect to the enforcement of this surety obligation only, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. This expenses and fees provision is not otherwise incorporated into these Contract Documents. 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 City from loss or damage resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit City's rights or the Contract Documents; Perfor °rnance Bond Page 91 E77c77711C s Coln77 7 1117 7 1y Pa1'1( Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City'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 City, 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 City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.. (3) Permit City 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 City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if City, when declaring the Contractor in default, notifies Surety of City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 30TH day of JULY . 2012 Conlruct Documents; Perforinctnce Bond Paige 92 (Corporate Seal) (Corporate Seal) L`ncinitaS COn2n2unl -fy Pcv-k USS CAL BUILDERS, INC. Contractor /Principal Signature: Title: 0 t1*11100tt" 049 0.. It •`� .•'10?tP0 •• 'Q %ter �,.. SEAL JULY 7, 1992 r • SAFECO INSURANCE C Surety Signature: Title: The rate of premium on this bond is 7.74 C harges, $132,228.00 attorney.) Attorney -in -Fact (A rtificate) PHILIP E. VEGA, ATT(N NEY -in -FACT per thousand. The total amount of premium (The above must be filled in by corporate Any claims under this bond may be addressed to: Name and Address of Surety: SAFECO INSURANCE COMPANY OF AMERICA 790 THE CITY DR. SOUTH #200 ORANGE, CA 92868 Name and Address of Agent /Representative for service of process in California, if different from above: PHILIP E. VEGA 534 E. BADILLO ST. COVINA, CA 91723 Telephone number of Surety and Agent or Representative of process in California: 626- 859 -1000 Contract Documents: Performance Bond Page 93 Encinil 7.5' Comic ?tinily Pcn-k STATE OF CALIFORNIA ) ss. CITY OF ) On this day of in the year 20 , before me, a Notary Public in and for said state, 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 Attorney -In -Fact 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 Attorney -In -Fact. 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. Notary Public in and for said State Commission Expires: (Seal) NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be attached hereto. NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be attached hereto. END OF PERFORMANCE BOND Contract Docitinents: Perfoi -manse Bond Page 94 EE77cZnitas Co7947m.mily Park This Page Intentionally Left Blank, Contract Documents: Pe7fo7-munce Bond Page 95 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, 000597 First National Insurance Company of America Certificate No. General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, PHILIP E. VEGA, KEVIN E. VEGA, BRITTON CHRISTIANSEN, JADON H. SMITH, MYRNA SMITH . ................. ..................................... ............................... ... .. . . .. . . . . . .. ... . . . . .. .. . . .. . . . . . . .. ... .. . . . .. .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . .. ... . .. . . .. .. .... . . . ... . . .. . .. .. .. .. . .. . . .. .. . . ... .. . . . . . .. . . . .. . . . . . . . .. . . . .. . . . .. . . . . . .. . . . . . . . . .... . . . . ... ... .. . . .. .. . . . . .. .......... ............................ . .......................... . ........................... .. ............ . .................................................................................................................................................................................................................................................................................. I............................ all of the city of COVINA , state of CALIFORNIA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Los Angeles On JUL 3 0 2012 before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Vega WITNESS my hand and official seal. Signature:�J Place Notary, Seal Above _._.__ . __ ._ _ _ —_._ __ _ ... _. ___... _ __...._____.. Signature of Nntary.p_,ubliC .. 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 MONICA BLAISDELL Commission # 1970845 his /her /their signature(s) on the instrument the ar '^' Notary Public - California Z ' �'° person(s), or the entity upon behalf of which the Z �,Y:: -� Orange County D person(s) acted, executed the instrument. My Comm. Expires Mar 26, 2016 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. Signature:�J Place Notary, Seal Above _._.__ . __ ._ _ _ —_._ __ _ ... _. ___... _ __...._____.. Signature of Nntary.p_,ubliC .. ISSUED IN TWO (2) ORIGINAL COUNTERPARTS BOND NUMBER 24042758 EP7071 ita S' C'0117)171117 it)' Pc7rk PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that: WHEREAS, the City of Encinitas (hereinafter designated as "City "), by action taken or a resolution passed vt I � /,I , 20 /J' has awarded to USS CAL BUILDERS INC. hereinafter designated as the "Principal," a contract for the work described as ENCINITAS COMMUNITY PARK - CMP02D follows: "Project "); and (the WHEREAS, in connection with said contract and pursuant to Civil Code 9554, said Principal as the direct contractor is obligated to furnish a bond from an admitted surety insurer ( "Surety ") in an amount not less than 100 percent of the total amount payable pursuant to the public works contract; and WHEREAS, the said Surety will pay the bond obligation and, if an action is brought to enforce liability on the payment bond, pay to the City a reasonable attorney's fee, to be fixed by the court, if the direct contractor or a subcontractor fails to pay a person authorized under Section 9100 to assert a claim against a payment bond; fails to pay amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the public works contract; fails to pay amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors under Section 13020 of the Unemployment Insurance Code with respect to the work; or, otherwise fails to pay for all labor, materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind on behalf of said Principal as the direct contractor or a subcontractor with respect to such work or labor; SAFECO INSURANCE NOW THEREFORE, we, the Principal and COMPANY OF AMERICA as Surety, are held and firmly bound unto City in the penal sum of *SEE BELOW Dollars ($17,087,681.63) lawful money of the United States of America, which represents an amount not less than 100 percent of the total amount payable pursuant to the public works contract 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. *SEVENTEEN MILLION EIGHTY -SEVEN THOUSAND SIX HUNDRED EIGHTY -ONE & 63/100 THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, as the direct contractor or a project subcontractor, or their, heirs, executors, administrators, successors or assigns, shall fail to pay any person authorized under Section 9100 to assert a claim against a payment bond; shall fail to pay amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the public works contract; shall fail to pay amounts required to be deducted, withheld, and paid over to the Employment Development Department from the.wages of employees of the contractor and subcontractors under Section 13020 of the Unemployment Insurance Code with respect to the work; or, otherwise fail to pay for all labor, materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind on behalf of said Principal as the direct contractor or a subcontractor with respect to such work or labor with respect to such work and labor Conlract Documents: Payment Bond Page .96 E71CI71110S CU77 M11777IV Park the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and, in addition, if an action is brought to enforce liability on the payment bond, pay to the City a reasonable attorney's fee, to be fixed by the court including all litigation expenses and fees incurred by City in such suit, court costs, expert witness fees and investigation expenses. This expenses and fees provision is not otherwise incorporated into these Contract Documents. This payment bond shall provide coverage for all work performed pursuant to the public works contract, including for work and transactions prior to its issuance. 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 change, extension of time for performance, addition, alteration, supplement 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 terms 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 this bond be construed most. strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall.Surety be released, from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City, direct contractor a subcontractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8024 and 9100 of the Civil Code or other applicable statutory provisions providing a right of recovery and who has not been paid the full amount of his or her claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WILA?&REOF JULY °12 (Corporate Se a� XY 711992 r i R , � FroRN` 'r, #11111 1% (Corporate Seal) we have hereunto set ou USS CAL BUILDERS INC. Contractor /Principal Signature: Title: President and seals this 30TH day of SAFECO INSURANCE COMPANY OF ICA Surety Signature: Attorney- in- FaOfth Certificate) Title: PHILIP E. VEGA, A`gORNEY -in -FACT Conti-act Documents: Payment Bond Page 97 be se d JULY 7 1992 Encinitas Com 7unity Pal-lc The rate of premium on this bond is NONE per thousand. The total amount of premium charges, $ INCLUDED IN PERFORMANCE BOND (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: Name and Address of Surety: SAFECO INSURANCE COMPANY OF AMERICA 790 THE CITY DR. SOUTH #200 ORANGE, CA 92868 Name and. Address of Agent/ Representative for service of process in California, if different from ` above: PHILIP VEGA 534 E. BADILLO ST. COVINA, CA 91723 Telephone number of Surety and Agent or Representative of process in California: 626- 859 -1000 Conn °act Documents: Payment Bond Page 98 E?clnilas, COn21112111Tt) Puy Ic STATE OF CALIFORNIA ) S5. CITY OF ) On this day of in the year 20 , before me, a Notary Public in and for said state, 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 Attorney -In -Fact of the (Surety) acknowledged to me that he /she executed the same in his /her authorized capacity, and subscribed the name of the as Attorney -In -Fact, (Surety) thereto and his /her own name 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. Notary Public in and for said State Commission Expires: (Seal) NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be attached hereto. NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be attached hereto. END OF PAYMENT BOND Contract Documents: Payment Bona* Page 99 000597 5 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. First National Insurance Company of America Certificate No. General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies " ), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, PHILIP E. VEGA, KEVIN E. VEGA, BRITTON CHRISTIANSEN, JADON H. SMITH, MYRNA SMITH . .................... .................................. ............................... ............... ............................... ................................................................................................................................................................................................................ ............................... ............................................................................................................................................................................................................................................................................................... ............................... all of the city of covlNA ,state of CALIFORNIA each individually if there be more than one named, its true and lawful attorney- in- factto make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Los Angeles On JUL 3 d 2032 before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Vega Name(s) of Signer(s) 7 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 n. MONICA Commission n # 19 Et_t his /her /their signature(s) on the instrument the _�`- - Commission # 1970845 ``� Notary Public - California persons or the entity upon behalf of which the do D ()� Y P Orange County person(s) acted, executed the instrument. My Comm. Expires Mar 26, 2016 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. Place Notary Seal Above Signature: . -_ .