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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