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17-0605_UNISPEC CONSTRUCTION, INC._Performance Bond 38055PBOND NO. 380655P BOND PREMIUM $4,950.00 IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT BOND ISSUED IN DUPLICATE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano (hereinafter referred to as "City") has awarded to Unispec Construction Inc., (hereinafter referred to as the "Contractor") an agreement for CITY-WIDE BIKEWAY GAP CLOSURE PROJECT (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated MAY 16, 2017 '(hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Unisp" Construction Inc. , the undersigned Contractor and Indemnity Company of California as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ONNHUNDIMDNINUYHIGHT•rHOUSANDAND oonoo DOLLARS, ($ 198,000.00 ), 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 the 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 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 the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the 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 337.15. -26- 61147.02100114019172.1 Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the 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 the 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 the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal 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 the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the 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 the City, when declaring the Contractor in default, notifies Surety of the 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, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2nd day of -May 2 het , 2017 . (Corporate Seal) -27- 61147.02100114019172.1 Unispec Construction Inc. Contractor/ Principal By Ja--6__ JAS "Aj�,e4z� Title iZ6SlDC—NT Indemnity Company of Californi, (Corporate Seal) Surety By Yung T. Mullick, d omey-in-F et Signatures of those signing for the Contractor and Surelymug be notarized and evidence of corporate authority attached. i// (Attach Attomey-in-Fact Certificate) Title The rate of premium on this bond is $25.00 per thousand. The total amount of premium charges, $ 4,950.00 (The above must be filled in by corporate attorney.) THIS IS A REOUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Indemnity Company of California 500 S. Kraemer Blvd., Ste. 300, Brea, CA 92821 (Name and Address of Agent or The Bond Exchange and Insurance Agency Representative for service of process in California, if different 24600 Chn nta Drive, Suite 160, Mission Viejo, CA 92691 from above) Surely Telephone: 949-263-3300 (Telephone number of Surety and _ Agency Telephone 949-461-7000 Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attomey authorizing the person signing on behalf of the Surety to do so most be attached hereto. _28- 61I47.02100040191Td1 Notary Acknowledgment A notary public or other officer completing this certificate verifies on lyy the Identity of the Individual who Signed me document to which this certificate is attached, antl not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF LS A,,UJAS Onj�w,o _17 . 20f4, before me, oNA.rtf/o . Notary Public, personally appeared jou Ix FF 6,a r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(,soy /are subscribed to the within instrument and acknowledged to me that Qshe/they executed the same Irsji 'her/their authorized capacity(", and that by 1tioedtheir signature(o on the Instrument the person(2), or the entity upon behalf of which the personSM 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 come YOUNG SHANPE 1 t„' " Commission r 2112774 WITNESS my hand and official seal. :pe Notary Public - Calltornla Los Angeles County %COMM, E free Jun 19, 2019 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Tllle—(a) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attomey-In-Fact ❑ Trustee(s) _ ❑Guardian/Conservator - Data of oodarnen( - ❑ Other: Signer is representing: Name Of Pageants) Or Enllty(ies) Signer(s) Other Than Named Above -29- 61147.0 1 0 0119 0191 T2.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On May 2, 2017 before me, Kathryn Lopez , Notary Public, Dale Insert Name M Notary Mmcw as It appear on Me oXk"al seal personally appeared Yung T. Mulllck Name(s) of S,r qAl who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cepacity(ies), and that by his/her/their signature(s) on the instrument the ,,a, •»<e KATHRYN LOPEZ person(s), or the entity upon behalf of which the person(s) N d COMM. # 2158796 A NOTARY PUBLIC CALIFORMAN acted, executed the instrument. *. ORANGE COl1NTY ro I certify under PENALTY OF PERJURY under the laws of dYCOMM.EXP JULY 112020 the Stale of California that the foregoing paragraph is true and correct. Witness my n e seal. Signature Place Nl Seal AW. Kathryn Lopez OPTIONAL Though the information below is not required by law it mayprove valuable to persons retying 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: Performance Bond #380655P Document Date: May 2, 2017 Number of Pages: 4 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Yung T. Mullick Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limded ❑General ❑ Partner ❑ Limited D General LY Attorney in FactE]Attorney in Fact:I [cc] 10 11011111:1 VVI 1-1Trustee ❑ Trustee ❑ Guardian or Conservator Top of Uumbhere ❑ Guardian or Conservator Top of thumb here ❑ Other. ❑ Other: Signer is Representing: Indemnity Company of California Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE. CA92623 (949) 283-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint - `Yung T. Mullick, James W. Moilanen, Christine T. Hoang, Stephanie Hoang, jointly or severally" os their true and lawful Aftorney(s)4n-Fact, to make, execute, deliver and acknowfadge, for and on behalf of said cciporatians, as sureties, bonds, undertakings and contracts cf suretyship giving and granting unto said Anomey(s)-in-Fed Ng power and authority to do and to pertorm every ad necessary, requisite or proper to be done in comaect en therowth as each of said corporations could do, but reser Ang to each of said corporations full power of subsntutien and revocsbon, and allot the ads of said Akmoy(s)-in•Fact, pursuanl to these presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of ft Womrig rosc fins adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, five President. Executive Vice -President, Senior Vice•Presideni or any Vice President of the corporation be, and that each of them hereby is, authanzod to execute this Power otAnomey, qualifying the attorney(s) named in the Power of Adamey to execute, on behalf of the corporations, bands, undertakings and contracts of surstyship; and that the Secretary or any Assistant Secretary of either of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Adorney or to any certif cats rslalinp thereto by facsimile, and any such Power ofAltomoy or certificate bearing such facsimile signatures shall be valid and binding upo-i ft cotporations when so affixed and in the future with respect to any bond, undertaking or contact of suretyship to which it is attached. W WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by thou respective officers and attested by their respective Secretary orAss+sbnt Secretary this Gth day of February, 2017- ++tiltttNO By; c._. ,••` ZiANO& �oa, a�PA.':YpR PY O%% Daniel Young, Senior Vice -President `q!•' '' is rC<.r`prp0�'� yG 1936 j ti tv Z rs By. Mark Lansdon, Vtce-President %,74 `. • �i �� CRQFp4''r A notary public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or valid of that documont. State of Cedonnia County of Orange On February 8.2017 befere me, Waits Raymond, Nollm Pubhc _ cot awetntwwareareard.dtrn0` W personally appeared Daniel Young arA Mark Lansdan Nwmt)as"y V LUCILLE RAYMOND Commission # 2081945 Notllry Public • California Oranpe Cowily M Comm. ExoNa Oct 13.2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that helsheithey executed fho same In hislher/g 0 authmed capacity(ies), and that by hislherAhoir signature(s) on the instrument the pereon(s), or the entity upon behalf of which the porson(s) 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. i WITNESS my (rand and official seal Signature Lucde . Notary Public CERTIFICATE Me undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby oerbfy that the foregoing Power of Attorney remains in full force and has net been revoked and, brthomrote that the provisions of the resolutions of the rospadt" Boards of Directors of said corporations sot forth in the Power of Attomey are in farce as of the date of this Cwbricate This Certificate is executed in ft City of Irvine, Caldernia, this 2 day of May 2017 "v ANAkn,, - 0PANY0 �j 193b • `icws 9y. Cassie Jsford. Assistant Soolary y ATS. ICG2 (02117) ''•4uu ut ^'� �`