Blue Pacific Payment Bond- NINETY SEVEN THOUSPNOPNe 0N100
Bond Number 024248360
PRHAUM INCLUDED V PERFORMANCE WHO
PAYMENT BOND
Senior Center Courtyard Improvement Project
RFB 20 -06
KNOW ALL MEN BY THESE PRESENTS that
WHEREAS, the City of Encinitas (hereinafter designated as "City"), by action taken
or a resolution passed , 20 has awarded to SLUE PACIFIC ENGINEERING
&CONSTRUCTION hereinafter designated as the "Principal," a contract for the work described
as follows:
SENIOR CENTER COURTYARD IMPROVEMENTS
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any 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, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to Ne extent hereinafter set forth.
NOW THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY as
Surety, are held and firmly bound unto City in the penal sum of Dollars
($87.000.00 llawful money of the United States of America, for the payment ofwhich
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, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay
any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials,
provisions or other supplies, used in, upon, for or about the performance of the work
Contracted to be done, or for any work or labor thereon of any kind, or amounts due under
the Unemployment Insurance Code with respect to work or labor performed under the
contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 16663 of the
Revenue and Taxation Code, 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
also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100
of the Civil Code so as to give a tight of action to such persons or their assigns in any suit
brought upon this bond.
CXy 01 EnciN ee sener Center Cou"ad ImpmeTenl Pealed Re bid PR- RFB -Mi
It is further stipulated and agreed that the Surety on this band shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration 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 and original contractor 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 Section 8400, 8402 or 8404 of the Civil Code, and has not been paid the full amount of
his 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 this
19TH day of OCTOBER, 2020 "09X,
BLUE P IC ENGINEER G CONSTRUCTION
By
(Corporate Seal) i7
Title f /wprr
Surety THE OHIO CASUALTY INSURANCE COMPANY
(Corporate Seal)
Title M�A,R /K� O. IATAROLA, ATTORNEY -IN -FACT
By / %G� O
Attomey -in -Fact
(Attach Attorney -in -Fact Certificate)
Contractor/ Principal
Cdy or Enti idep; Senld Center eouryad Impra'amenl Pi Rebid PH
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
(SEAL)
Commission expires:
NOTE: A copy of the Power -of- Attorney to local representatives of the bonding
company must be attached hereto.
01y of Ercinras Senior Center CoWyaN Irepnntemenl Prated Re-ed PR We nC
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public a other officer completing this certificate verifies only the identify of the Individual who signed the
document to which this certificate is attached, and not thetMhfulness, accuracy, orvafidity of that document.
State of California )
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 Erhu
Name( of Signer(e)
who proved to me on the basis of satisfactory evidence to be the person(e) whose nameW is/ere
subscribed to the within Instrument and acknowledged to me that he/sheAhey executed the same in
hisMerApek authorized capacity". and that by hisihea4heir signatures) on the Instrument the person(s),
or the entity upon behalf of which the pere mi 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 caned.
WITNESS my hand andi seal.
Signature r ' -
Signature officiary Public
Place Notary Seal and/or Stamp Above
r1OTV1Nal
Completing this information can deter alteration of Me document or
fraudulent reattachment of this fans to an unintended document.
Description of Attached Document
Ttle or Type of Document: FAVw1il
Document Date: 10/2312020
Number of Pages:
Signer(s) Other Than Named Above:
Capacitylles) Claimed by Signers)
Signer's Name: Shahram Elihu
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Corporate Officer — Tittels):
❑ Partner — ❑ Limited ❑ General
❑ Partner — O Limited ❑ General
O Individual ❑ Attorney in Fact
O Individual ❑ Attorney in Fact
❑ Tmstee ❑ Guardian or Conservator
❑ Trustee ❑ Guardian or Conservator
III Other. Sole Proprietor /Sale Owner of 81 us Pacific ❑ Other.
Signer Is Representing: Signer Is Representing
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE 41189
emea
Archery ublicomlherolhcermmpledrg MlzceRi! aleveritiesonlyNeidendy ofthelniividualwhosigned Nedomment
towhlch this Certificate is attached, and not the buthfulness, accuracy, or validdyof Nat dommenL
State of Calwamla 1
County of SAN DIEGO J
On 1011912020 before me, TRACY LYNN RODRIGUEZ. NOTARY PUBLIC
Date Here Insert Name and Title of Me Officer
personally appeared MARK O. I1
NomMs) of Signerfs)
who proved to me an Me basis of satlsfadory evidence to be the rersonet whose nomelc) Is/arec ad dscrlhad
to the within InspirI lent and acknowledged to me Nat he /she /they executed the same In hisl`-
authod2ed capanty(es), and that by hlslhe ebeh signatumla) on Me instrument the personlel, or the entity
upon behalf of which Me person(e) acted executed Me Instrument
ieTRACY LYNN ROOPIGUEZ
COMM. Y231G03B
SAN DIEGO COUNTY
NOTAITY PUBLIC-CALIFORNIA
MY COMMISSION E)PIRES
JANUARY 11. 2024
Place Notary Seal oncl Stamp Above
I Cedify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is rue and correa.
WITNESS my hand and official seal.
Fff•�EL�r. = \Y�C i
OPTIONAL
Comp2tlng this information can deter alteration of the document or
fraudulent reattachment of this farm to on unintended document
Description of Attached Dacumerit
Title or Type of Document:
Signer(s) Other Than Named Above
Capacltypes) Claimed by Signerys)
Signer's Name: MARK 0. IATAROLA
• Corporate officer — Tttie(s):
• Partner— o Limited D General
• Individual D Attorney In Fact
• Trustee D Guardian of Conservator
• Offer.
Signer Is Representing:
02017 National Notary Azsoclatlon
Signers Name'.
• Corporate Officer — Rate);
• Partner— O Limited D General
• Individual O Attorney In Fact
O Trustee D Guardian of Conservator
D Other.
Signer Is Representing.
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SURETY Wesi ArtRricanloSucance Company
POWER OF ATTORNEY
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