Blue Pacific Performance BondBond Number: 024248360
PERFORMANCE BOND PREMIUM: $2,425.00
PREMIUM IS FOR CONTI TERM
AND 15 UJIMMI TO ADJUSTMENT
WASUDON F14AL CI PACE
Senior Center Courtyard Improvement Project
PR -RFB 20 -06
KNOW ALL PERSONS BY THESE PRESENTS.
WHEREAS, the City of Encinitas (hereinafter referred to as "City") has awarded to
BLUE PACIFIC ENGINEERING 8 CONSTRUCTION (hereinafter
referred to as the "Contractor') an agreement for
SENIOR CENTER COURTYARD IMPROVEMENTS (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated (hereinafter
referred to as "Contract Documents'), the terms and contlitions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
Ei CIUCTioMNNEERw6
NOW, THEREFORE, we, % the undersigned Contractor and
THE OH IO CASUALTY INSU RAN CE COMPANY as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto City in the sum of
NINETY SEVEN THOUSAND AND 001100 DOLLARS.($W.000.00 ), said sum being not less
than one hundred percent (100 %) of the total amount of the 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.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by City in enforcing such obligation.
City W Er iMS Sei Centel CwnyaN ImOrovemenl Roped Re DID PR III
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 of the
Contractor or Surety's obligafions 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 once" 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 completon 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 pace" 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.
Lily Or Endnires Senior CenWr COWyaM Impmoemenl Proyd R",d PRAFe -20C
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 19TH day
of OCTOBER ,2020.
(Corporate Seal) BLUE PACIFI ENGINEERING a CON U ION
Contract / rincipal
By
Title viiii
(Corporate Seal)
Surety THE OHIO CASUALTY INSURANCE COMPANY
Title MARK D. IATAROLAI ATTORNEY -IN -FACT
(Attach Attomey -in -Fact Certificate) By. / & -
Attorney -in -Fact
Title
The rate of premium on this bond is $25.00 per thousand. The total amount of
premium charges, $ 2.425.00 eaaeeniO "C1EPY
mnt°p" TRAFSe
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) THE OHIO CASUALTY INSURANCE COMPANY
ATTN: SURETY CLAIMS DEPARTMENT
10014TH AVENUE, SUITE 1300, SEATTLE, WA 98154
(Name and Address of Agent or MALONEY AND ASSOCIATES
Representative for service of
process in California, if different 435 WEST GRAND AVENUE. ESCONDIDO, CA 92025
from above)
(Telephone number of Surety and 909263- 3356(SURETY)
Agent or Representative for service 760r136"2610
of process in California
City of Entinitx Senior Center CoudyaN Improvement Project Re WE PR- RFe20D5 53
CALIFORNIA ALL - PURPOSE
CIVIL CODE § 1158
A notary public or other officer completing this certificate verifies only the Identity of the Indhddual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that document.
State of Califomia )
County of San Diego )
On 10/23/2020 before me, Richard William Egan, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Shahram Elihu
Namei of SignerH
who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) Wane
subscribed to the within Instrument and acknowledged to me that ha/ehauey executed the same in
hi maum.authorized capacitypea), and that by his4w4kek slgnatumN on the instrument the parabola),
or the entity upon behalf of which the persons) acted, executed the instrument.
I ced'Ify under PENALTY OF PERJURY under the laws
RICHARD WILLIAM EGAN� of the State of California that the foregoing paragraph
c aaa423O 57 Is true and correct.
NOTARY rORBDD11141NIA o
araann ti altsGO roomy mu' WITNESS my hand and official seal.
Signature
Signature of Notary Public
P/aca Notary Seat and/or Stamp Above
r1PTIbNIAI
Completing Misinformation can deferalterdtion ofthe document or
Imudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: R &AiSHAlALA 13OIV
Document Date: 1012312020
Number of Pages:
Signer(e) Other Than Named Above:
CapacItyll") Clalmad by Slgner(a)
Signers Name: Shahram ON
Signer's Name:
0 Corporate Officer — Title(s):
0 Corporate Officer — Tithift
• Partner — O Limited O General
0 Partner — 0 Limited 0 General
• Individual 0 Attorney In Fact
0Individual 0 Attorney in Fact
• Trustee 0 Guardian or Conservator
O Trustee 0 Guardian or Conservator
W Other: Sole Proprietor /Sole Owner of Blue Pacific 0 Other:
Signer Is Representing: Signer Is Representing
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 91189
AnOtary publicomlhero8iamaomple8ng this cenifcaleverieezonlyiheitlenllry ofthe individual whrsigneddle document
to which This ce6fcage isahacM1etl, and not the truthfulness, actual or validly, of that document
State of Califical 7
County of SAN DIEGO J
On IW1912020 before me. TRACY LYNN RODRIGUEZ, NOTARY PUBLIC
Date Hem Meat Name and Too of the Officer
personally appeared MARK D. IATAROLA
Nonmes) Ofslgaerfsf
who proved to me on me basis of satisfactory, evidence to be the persona) wbose namdr414efesubscrmed
to the within instrument and acknowledged to me that helsarehhey executed the same In hlssherl1Feie
authorized cammily(les), and that by hlslftaMMa slgnature(s)onthe Instrumentthe person(, arthe entity
upon behalf of which the personal acted, executed the Instrument-
TnncY LYNneODRIGUEZ I tartly under PENALTY OF PERJURY under the
COMM. N2318898 laws of the State of California that the foregoing
SANDIEGOCOUNTY paragraph is Vue and coned.
NOTARY PUELICf ITOHNIA
MYCOMMISSIGN EXPIRES WITNESS my halstl and official seal.
JANUARY 11.202<
Signature
Peace Notary Seal and/or Stamp Above a! (alp Public
Compacting this information can deter attaAI of Me document or
fraudulent reattachment of this own to an unintended document
Description of Attached Document
Title or Type or Document:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signals)
Signer's Name: MARK D. IATAROIA
• Corporate Officer — Tithi
• Partner— 0 Limited o General
• In ffAdual 0 Attorney In Fad
• Trustee o Guardian of Conservator
• Other.
Signer Is Representing:
02017 National Notary Association
Signer's Name.
0 Corporate Off car — Tide(l:
O Partner— D Limited 0 General
III Individual D Attorney In Fact
• Trustee 0 Guardian of Conservator
• Other:
Signer Is Representing:
Liberty
Mutual.
SURETY
MIS POwv of Anomry lathe ans of Mai Owned I II and they bare maul mqA
bhume wnynryeaaerlmme"me and to heeformam nMal
Llberry Mutual Insural Cwnpany
The Ohio Casualty Insurance Company Lem WNW eewlosazetno
West Amedran Iresuranw Company
POWER OF ATTORNEY
IN OM ALL IONS BY THESE PRESEXR: That Pre On* Casualty Inman¢ Cu blemy S a mrporeWn bury urymixN under Pe IM dl Pe Sr9te of I HweadYe. NM
U" OF lnwMM CgwBny'a a dal wry Mal Ung the Maas dine s of MxsuTU¢I6, W west Areiran lmumn¢ Company s a consumer di Mal
urm me real aloe sane drm'una peen wEx al MB Nr lm and by set" earn wen For a[as Mai name common and appear, norm
Moloney Jessica Schr l Son G M all Mark U merely Sandm Finuart¢Rory Lvun Sunni
a rtPeoted Ed ... Wind s OF CA Men lvardualrefflpe MY MY Mal we wed, IS true and Wul anpnrylmtal NnaMe,
seders sea{ adnwnedye e�dvdMalo an as EaWt aeuleh and m M W awe bad ,any awe all umemtirga. want magmssnds am ones an" Olga sIn punul
w mw peens am she he as Nobel army nee Cn Wm as a they bare wan duly syrRtl by me Wesidem end moduad by me seveury come Compare In heir ben prmer
paaaa .
N Mutual End WHEUIK. For maer W Anomry bat n¢n wMomed by an aJnonnd dare on Made Of be Cmpan,6 am he mmdne wars of to Compare¢ here Jaen ahead
Merehhir On dam Ai . N ±h
GEaea°+a 1919 w 1991 sO I..r+eAaf wieaOn
Oslo.
Me day and year Ad more v n.
Mme. e.w~ ^ .a.¢. brae PaWm.,xmarr sable
Byaaa am Aumm¢Nmye Of The One Casualty lesuanw
me and ¢fled ¢mire as fold s;
ARTICLE IV- OFFICE I Stttrmy 12 Paver of Ahmed
Aq card w chat offload d nee Coryo2[er amu¢M Far anal puWo In wEy by me Charean or Me Pr ML and! sbpsl N Rush IImN w as be Chamber or to
Pd net suer pwuibe dull apprinl s ally dry NM by I be model m ad a bMal of nee Connor of mare, eamM, ¢al,adnpwEdYe am roadawreh
any am al UMe kms, hands re¢ymon¢s am card s Olgffi Sum aab n- fa¢wbjeelNme limlands sN Mm in their l¢spx4ae pwrers of adumry.SlWl
end he paver to hind he Counsel by thcr sgn=Lre awe eaeeutib of any sold InsVUmn¢ and as arl terms Te Sm 0 me Cvpa'alid. WTm so aeeollel. su[A
¢6 Malts S ouldilg az n mean by me Pl rand atl Wby me SttrtNry. MY Meer d ar.dyi gate or any readminal e Or amount in(I under Mel
plgi eons olds moss may he mMM At any doe q the Bask, the Cba'mun. to Praidml of by me war Of omse d grander such pew d Stearns
MMLE MYI- EreMfon of COWams'. Fiber 5. Suraly Ponds end Untlertabroup
Any offset of to Commy auWluM for Ltar '. pursuer Or v idnp by Me tlpimW by Me pRSidMl, and sublet do sW Ilmarand ante WfmM Of Me Pradml maY p¢smbe.
Nall Mpanl seen a"i nl fatt as.ry M ne¢.csury to Min b got Me rompalry W mare.end i Mal . San MNge am dmrvw as eaery ary am all undo bqs,
b?ar cis am ottt ssare MIN hies Cucl Mareysinfast subbard W teImhd¢u set IoM m that rape[We power d Mmry, Mal had FAIL paver be and dB
Compact by Mee as nel and Samsun of any suN inshumm6 stl be Nam Memo Me sell of Me Carl Men so amended Sao insbudm5 Nall be as Wmrg as e
sgnce"a prtsitlml and Mai by Me Mutual
Cenflfsate of wsigmtim- Re PresNnl Of to cwmy, aI pursusl W the Wael NMe CSmWry. audwmes Oand M. Mal AStisWd Sesedy W appeal San ativrcy in
lad as my be naturawry W ad on beat of to CUmer W"s, easels MY anMWge am dhor ad %" airy awe all uma ns, MIN% Rory nitlnW and dnw wee
Meadows
Aulnorhalion -9y anaremwsfansTlMMe CpnpN/r PNNtl ObMnrs, Me CampaMcoxed tarlamledmeNanl ¢Ily realWawes9rNWredany muWIseaelaytl Me
CpnNny Manwapeany wpm arum ¢as Nart/pOMfoletl0mry'6WM by Me COm[aM in m'nesdmxtt wreh bands. Mal [evadand hmdag utyn Me CpnfanY`at
MeranelortesdmMssMwgn llwlallYaavM.
I, Rerce L. Untlhll, me wl]bSgnM, pStiSbld $¢vetyy, iM1e OM1O Cawary InsuM¢ Lompay, LihaTy MuhW Inwdnw Lanparry, am W61 AmM3n bwran¢ CmmsenY tic
h ran mperginY ptw0'WBOCmpMWlkh t4lvryvg wa Nll,We awe mrxtugy sl McPw.erdAMeyueakd by said Cul¶am6,WIn Ml lorteam eflMYd
M1m esrclb¢n mHm.
INiESTIMONYWNERFOEIM1are M1e¢unloselm /herd am aR mWesNSOlsae CVnpmies Ma le ➢1 dryN GCfGUEN 303u 91 "1 Sur
Vale up 0�090 1919 w 1991 al
IC . oaNa "�F°e `'rater a By. RO C.Ue 1p AYaunl Seopvy
BY.
Byaaa am Aumm¢Nmye Of The One Casualty lesuanw
me and ¢fled ¢mire as fold s;
ARTICLE IV- OFFICE I Stttrmy 12 Paver of Ahmed
Aq card w chat offload d nee Coryo2[er amu¢M Far anal puWo In wEy by me Charean or Me Pr ML and! sbpsl N Rush IImN w as be Chamber or to
Pd net suer pwuibe dull apprinl s ally dry NM by I be model m ad a bMal of nee Connor of mare, eamM, ¢al,adnpwEdYe am roadawreh
any am al UMe kms, hands re¢ymon¢s am card s Olgffi Sum aab n- fa¢wbjeelNme limlands sN Mm in their l¢spx4ae pwrers of adumry.SlWl
end he paver to hind he Counsel by thcr sgn=Lre awe eaeeutib of any sold InsVUmn¢ and as arl terms Te Sm 0 me Cvpa'alid. WTm so aeeollel. su[A
¢6 Malts S ouldilg az n mean by me Pl rand atl Wby me SttrtNry. MY Meer d ar.dyi gate or any readminal e Or amount in(I under Mel
plgi eons olds moss may he mMM At any doe q the Bask, the Cba'mun. to Praidml of by me war Of omse d grander such pew d Stearns
MMLE MYI- EreMfon of COWams'. Fiber 5. Suraly Ponds end Untlertabroup
Any offset of to Commy auWluM for Ltar '. pursuer Or v idnp by Me tlpimW by Me pRSidMl, and sublet do sW Ilmarand ante WfmM Of Me Pradml maY p¢smbe.
Nall Mpanl seen a"i nl fatt as.ry M ne¢.csury to Min b got Me rompalry W mare.end i Mal . San MNge am dmrvw as eaery ary am all undo bqs,
b?ar cis am ottt ssare MIN hies Cucl Mareysinfast subbard W teImhd¢u set IoM m that rape[We power d Mmry, Mal had FAIL paver be and dB
Compact by Mee as nel and Samsun of any suN inshumm6 stl be Nam Memo Me sell of Me Carl Men so amended Sao insbudm5 Nall be as Wmrg as e
sgnce"a prtsitlml and Mai by Me Mutual
Cenflfsate of wsigmtim- Re PresNnl Of to cwmy, aI pursusl W the Wael NMe CSmWry. audwmes Oand M. Mal AStisWd Sesedy W appeal San ativrcy in
lad as my be naturawry W ad on beat of to CUmer W"s, easels MY anMWge am dhor ad %" airy awe all uma ns, MIN% Rory nitlnW and dnw wee
Meadows
Aulnorhalion -9y anaremwsfansTlMMe CpnpN/r PNNtl ObMnrs, Me CampaMcoxed tarlamledmeNanl ¢Ily realWawes9rNWredany muWIseaelaytl Me
CpnNny Manwapeany wpm arum ¢as Nart/pOMfoletl0mry'6WM by Me COm[aM in m'nesdmxtt wreh bands. Mal [evadand hmdag utyn Me CpnfanY`at
MeranelortesdmMssMwgn llwlallYaavM.
I, Rerce L. Untlhll, me wl]bSgnM, pStiSbld $¢vetyy, iM1e OM1O Cawary InsuM¢ Lompay, LihaTy MuhW Inwdnw Lanparry, am W61 AmM3n bwran¢ CmmsenY tic
h ran mperginY ptw0'WBOCmpMWlkh t4lvryvg wa Nll,We awe mrxtugy sl McPw.erdAMeyueakd by said Cul¶am6,WIn Ml lorteam eflMYd
M1m esrclb¢n mHm.
INiESTIMONYWNERFOEIM1are M1e¢unloselm /herd am aR mWesNSOlsae CVnpmies Ma le ➢1 dryN GCfGUEN 303u 91 "1 Sur
Vale up 0�090 1919 w 1991 al
IC . oaNa "�F°e `'rater a By. RO C.Ue 1p AYaunl Seopvy