18-0306_LUCAS BUILDERS, INC._Performance Bond ES00001287EXECUTED IN TWO COUNTERPARTS Bond #ES00001287
Premium $5,988
00 61 13 — BOND FORMS
1.1 Performance Bond.
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as "City") has
awarded to Lucas Builders. Inc. , (hereinafter referred to as the "Contractor") an
agreement for Contract No:12505/1650z (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated February 14, 2018 , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Lucas Builders. Inc. the undersigned Contractor and
Everest Reinsurance Company as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of "' DOLLARS,
($ 399,204.00 ), 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. *"Three Hundred Ninety Nine Thousand Two Hundred Four and No/100
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 (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, 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.
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.
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
61147.021 00120950242.3 -45- 00 52 13 BOND FORMS
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 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:
Take over and complete the Project in accordance with all terms and conditions
in the Contract Documents; or
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.
iii. Permit the 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 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
61147.02100120950242.3 -46- 00 52 13 BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of
March , 201.
(Corporate Seal) Lucas Builders, Inc.
Contractor/ ' Gipal
By _---
Q i
(Corporate S6ai)
(Attach Attorney -in -Fact Certificate)
Title Pv-es,defi-r
Everest Reinsurance Company
Surety
By
Attorney -in -Fact Spencer Flake
Title Attorney -In -Fact
The rate of premium on this bond is $15.00 per thousand. The total amount of premium
charges is $_5,988
(The above must be filled in by corporate attomey.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Everest Reinsurance Compan
725 Town & Country Rd., Suite 400
Orange, CA 92868
(Name and Address of Agent or Culbertson Insurance Services, Inc.
Representative for service of 5055 E. Santa Ana Canvon Rd., Suite 201
process in California, if different Anaheim, CA 92807
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
61147.02100120950242.3
Surety: (714) 371-9653
Agent: (714) 921-0530
-47-
00 52 13 BOND FORMS
Notary 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
On 20_, before me, , Notary Public, 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 and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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.
Signature of Notary Public
WITNESS my hand and official seal.
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 this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Docur
❑ Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
u Other:
Signer is representing:
Name Of Person(s) Or Entity(les)
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147.02100120950242.3 -48-
00 52 13 BOND FORMS
Notary 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
On . 20_, before me,
appeared
Notary Public, personally
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 and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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.
Signature of Notary Public
WITNESS my hand and official seal.
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 this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
Title or Type of Docume
❑ Partner(s) ❑ Limited
❑ General
Number of Pages
❑ Attorney -In -Fact
U Trustee(s)
❑ Guardian/Conservator
Date of Document
U Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
61147.021 00\20950242.3 -49- 00 52 13 BOND FORMS
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 3-5-18 before me, Lexie Sherwood Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Spencer Flake
Name(s) of Signer(s)
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 and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the
COMM # 2203287 3 person(s), or the entity upon behalf of which the person(s)
NOTARY PUBLIC 0CALIFORNIA 0
.x acted, executed the instrument.
ORANGE COUNTY
Comm. Exp. JULY 27, 2021
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
Place Notary Seal Above Signature of ota Public eXle Sherwood
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate OfficerTitle(s): ❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact • • • ❑ Attorney in Fact RIGHTTHUMBPRINT
❑ Trustee • ❑ Trustee OF
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
,6'11E R E,S\ ESO45R10034
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Charles L. Flake, Spencer Flake, David L. Culbertson, Heather Willis
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds. undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President. and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
%OSUrahC Everest Reinsurance Company
%/4 N
O��TF O
L SEAL
y 1973
* Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did executes 11GL JYL
instrument, that he knows the seal of said Company, that the seal affixed to the aforesaid instrument is such corpo-atp e,a3j:2 wa3
affixed thereto; and that he executed said instrument by like order.
LINDA BOISSELLE =
Notary Public, State of New York -C,
No 01 B06239736 / k
Qualified in Queens County ti
Term Expires April 25, 2019
I
Linda, Boisselle, Notary Public
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 5TH day
of MARCH 20 18
I
i
i� SEtSiTiVE She< i
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2
ES 00 01D4 16 -04546 contains a security pantograph, blue background, heat -sensitive ink coin -reactive watermark, and microtext printing on border. GFSw MEAT oP4�J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 March 08, 2018 before me, Priscilla Moynier, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Saman Silva
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(.*) whose name(st) is/am
subscribed to the within instrument and acknowledged to me that he/sixay executed the same in
his/boa tbteir authorized capacity(iee), and that by his/bgls/*Rjr signature(R) on the instrument the person(a),
or the entity upon behalf of which the person( 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.
PRISCILLA MOYNIER WITNESS my hand and official seal.
Commission # 2062910
Notary Public - California a
Signature
Z ' Orange County g
My Comm. Expires Apr 18, 2018 J Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 00 6113 - Bond Forms
Number of Pages
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.Nationa[Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907