CMP04B EC CONSTR PERFORMANCE BONDIssued in Two (2) Original Counterparts. Bond No. 72BCSGH7571
PERFORMANCE BOND
MOONLIGHT STATE BEACH IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Encinitas (hereinafter referred to as "City ") has awarded to
EC Constructors, Inc. , (hereinafter referred to as the "Contractor ")
an agreement for Moonlight State Beach Improvements, Project No. CMP04B (hereinafter referred
to as the "Project').
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated July 17, 2012 , (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, EC Constructors, Inc. , the undersigned Contractor and
Hartford Fire Insurance Company 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 ** DOLLARS, ($ 4.159.479.00 ), 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.
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 Contractor or
Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of
Civil Procedure section 337.1 S.
-40-
Moonlight State Beach Improvements
*under the laws of the State of Connecticut
* *Four Million One Hundred Fifty -Nine Thousand Four Hundred Seventy -Nine and 00/100
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 23rd day of
July , 2012.
(Corporate Sea])
-41 -
Moonlight State Beach Improvements
(Corporate Sea]) Surety Hartford Fire Insurance Company
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title - Charlotte Aquino, Attorney -in -Fact
First $2,500,000 at $11.79
Next $1,659,479 at $10.06
The rate of premium on this bond is
$46,169.00 per thousand. The total amount of premium charges,
PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO
(The above must be filled in by corporate attorney.) ADJUSTMENT BASED ON THE FINAL CONTRACT PRICE.
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
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
STATE OF CALIFORNIA )
ss.
DISTRICT OF _ )
(714) 674 -1223
On this _ day of in the year 201_, 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.
-42-
Moonlight State Beach Improvements
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 PERFORMANCE BOND
-43-
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,
Inseri Name of Notary exactly as it )ppoars on the official sea;
personally appeared Charlotte Aquino
JENNIFER L. COX
Commission # 1915197
ao Notary Public - California z
Z San Diego County
My Comm. Expire, Dec 4, 2014
Name(
who proved to me on the basis of satisfactory evidence to
be the person(Mh whose name(Q is / #V# subscribed to the
within instrument and acknowledged to me that Wlshelftg
executed the same in Ng /her /ffio authorized capacity(j�(M,
and that by flWher /M& signatureVA) on the instrument the
personq$b, or the entity upon behalf of which the personWh
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.
Signature
Placc Nutary SPM Abc: e Si ture of Notary P Mc Jenn' er 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):_
Ll Partner ❑ Limited ❑ General
[✓J 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 THE HARTFORD
BOND, T-4
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
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
XO 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.
•n'IYNr
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Scott Sadowsky, Assistant Secretary
STATE OF CONNECTICUT
,S• Hartford
COUNTY OF HARTFORD
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Yo ca.n •a r" a
1667 ►'
..
M. Ross Fisher, Assistant Vice President
On this 3rd 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.
Kt E. py_ l}
♦� ` Scott E. Paseka
Notary Public
CERTIFICATE My Commission Expires October 3l, 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.
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+-� s $ 1667 � ► - •�._.a
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Gary W. Stumper, Assistant Vice President