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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. IDIS 1, APttomey 111e mml IMss "111 ...... welthey have noatia to GM Me Cardamomm epl in Me manner and In the enem"in a leO. Liberty Ui lty Mutual lnsuranr Company Mutual. 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