CMP04B EC CONSTR PAYMENT BONDIssued in Two (2) Original Counterparts.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that:
Bond No. 72BCSGH7571
WHEREAS, the City of Encinitas (hereinafter designated as "City "), by action taken or a
resolution passed , 201_ has awarded to EC Constructors, Inc.
hereinafter designated as the "Principal," a contract for the work described as
follows:
Moonlight State Beach Improvements, Project No. CMP04B
(the "Project "); and
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;
NOW THEREFORE, we, the Principal and Hartford Fire Insurance Company as Surety, are held
and firmly bound unto City in the penal sum of Dollars ($4,159,479.00) 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.
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 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.
-44-
Moonlight State Beach Improvements
"Four Million One Hundred Fifty -Nine Thousand Four Hundred Seventy -Nine and 00/100
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 WITNESS WHEREOF, we have hereunto set our hands and seals t 23rd day of
July 12012 s _ - -_._.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
EC Constructors
Contractor / Princi
5-TA
Title
Fire Insurance Company
Surety
By s L
Attorney -in -Fact
Title Charlotte Aquino Attorney -in -Fact
The rate of premium on this bond is $0.00 per thousand. The total amount of premium charges,
$0.00 PREMIUM IS INCLUDED IN THE 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) Hartford Fire Insurance Company
P.O. Box 2333
Brea, CA 92821 -2333
(Name and Address of Agent or
Representative for service of
-45-
Moonlight State Beach Improvements
process in California, if different
from above)
(Telephone number of Surety and (714) 674 -1223
Agent or Representative for service
of process in California
STATE OF CALIFORNIA )
)SS'
DISTRICT OF }
On this day of in the year 200_, 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.
See Attached California All- Purpose Acknowledgment
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.
END OF PAYMENT BOND
-46-
Moonlight State Beach Improvements
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego
On JUL 2 3 2012
Date
before me, Jennifer L. Cox , Notary Public,
Insert Name of Notary exactly as it appears cn the official seal
personally appeared Charlotte Aquino _
Names) cf Si.^;ner(s)
who proved to me on the basis of satisfactory evidence to
be the person(M4 whose name(Q isl#V# subscribed to the
within instrument and acknowledged to me that Yid' /she /fty
executed the same in Mlherl#yo authorized capacity(yO/M,
and that by 6141herlOY& signatureVA) on the instrument the
person(/ h, or the entity upon behalf of which the personWb
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 and and official seal.
Signature
Place Notary Seal Abo%e Si lure of Notary ublic Jennif r L. Cox
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner ❑ Limited ❑ General
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
JENNIFER L CO
Commission # 1915197
a`o
Notary Public California D
Z x u�
San Diego County
My Comm. Expires Doc 4, 2014
who proved to me on the basis of satisfactory evidence to
be the person(M4 whose name(Q isl#V# subscribed to the
within instrument and acknowledged to me that Yid' /she /fty
executed the same in Mlherl#yo authorized capacity(yO/M,
and that by 6141herlOY& signatureVA) on the instrument the
person(/ h, or the entity upon behalf of which the personWb
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 and and official seal.
Signature
Place Notary Seal Abo%e Si lure of Notary ublic Jennif r L. Cox
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner ❑ Limited ❑ General
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Direct Inquiries /Claims to:
POWER OF ATTORNEY THEBo BOND R,
One Hartford Plaza
Hartford, Connecticut 06155
call: 888 - 266 -3488 or fax: 860 - 757 -5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 160200
X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint,
up to the amount of unlimited.,
Lawrence F. McMahon, James Baldassare Jr., Sarah Myers, Maria Guise, Lilia Robinson, Charlotte Aquino
of
San Diego, CA
their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf 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, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
q �r�Mr� � � ;'srca..re.rra'. ►P4 r 1< _ Sy�i �ar� =�.�a � _ a' *tors7t�
`a '�"�' yp � 1967 .� � �tti" • _.�'
��i r A,r - ��'` °�nr,rrtv�,e I•arAYr► ���C- i9 i Q ♦_° 1`i \spa 7.+9`,.� :- .,' ,!
♦ ti �:�___�'� •4�'•...'no �� ��rg' "•'a���� • � ,wd ••'zrr o,�e ��•r .' � c, log
Scott Sadowsky, Assistant Secretary
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
M. Ross Fisher, Assistant Vice President
On this 3`d day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
R
``�� Scott E. Paseka
.
Notary Public
CERTIFICATE My Commission Expires October 31, 2012
I, the undersigned, Assistant Vice President 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 is still in full force effective as of July 23, 2012
Signed and sealed at the City of Hartford.
YV f,yb �l�°7fi '1 > 5 r s -r'�e •,..� ` � � :d'J+^" ��
$'�11nMr� �,'\rw••,eu,e', � s 1Q� i _ OY �';r,�u=.. �t'" _ ,A �•yrsW
�•r 1 9 6 7 ► o 70 :_
1 tg w�:`yna,r,rv� �•arNi► -+ 7
to 9 fps ;vi 4 0. _ t
yr 4 r %0 7 1 197 {/p
Gary W. Stumper, Assistant Vice President