16-0401_CALIFORNIA DEPT OF TRANSPORTATION_Performance Bond Sukut ConstructionPremium: $18,059.00
Bond No. 24066365
Document A312 TM -2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR:
(None, legal status and address)
Sukut Construction, LLC
4010 West Chandler Avenue
Santa Ana, CA 92704-5202
OWNER:
(None, legal status and address)
TM California Services, Inc.
100 Spectrum Center Drive, Suite 1450
Irvine, CA 92618
CONSTRUCTION CONTRACT
Date: April 1, 2016
Amount: S 2,187,800.00
SURETY:
(Name, legal status and principal place of business)
Liberty Mutual Insurance Company
790 The City Drive South, Suite 200
Orange, CA 92868
Mailing Address for Notices
790 The City Drive South, Suite 200
Orange, CA 92868
This document has Important legal
consequences. Consultation with
an attorney Is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surely, Owner or
other party shall be considered
plural where applicable.
Two Million One Hundred Eighty Seven Thousand Eight Hundred Dollars and 00/100
Description:
(Name and location)
Construction of Interstate 5 and Valle Road/La Novia Avenue Interchange Improvements, #1214 -NMC -0701
BOND
Date: June 2, 2016
(Not earlier than Construction Contract Date)
Amount: S 2,187,800.00
Two Million One Hundred Eighty Seven Thousand Eight Hundred Dollars and 00/100
Modifications to this Bond: x None ❑ See Section 16
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Sukut Construction, LLC
Signature:
Name
and Title: Paul Kuliev, CFO
(Any additional signatures appear on the last page of this Perjonnonce Bond)
(FOR INFORd4A7IO1V ONLY —Name, address and telephone)
AGENT or BROKER:
Alliant Insurance Services, Inc.
1301 Dove St., Suite 200
Newport Beach, CA 92660
(949)756-0271
5-18521AS SMO
SURETY
Company: (Corporate Seal)
Liberty Mutual Insurance Company
Name ...._..-- –...__.
and7itte: Attorney -in -Fact
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other parry.)
1912
. \
4 _l•
CC -
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when
applicable to participate in a conference as provided in Section 3.
§ 3 If there is no OwnerDefaultunder the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the
Contractors performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of
the Owners notice, request such a conference. If the Surety timely requests a conference, the Ownershall attend. Unless the Owner
agrees otherwise, any conference requested under this Section 3.1 shall be held within len (10) business days of the Surety's receipt
of the Owners notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
§ 6.3 Obtain bids or negotiated proposals from qualified contractors amntable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
ConlractorDefault; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make payment to the Owner, or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 I the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the
Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
5-18521AS 8N0
§ 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without
duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract;
.2 additional legal, design professional and delay cost%resulting from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
§ 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fads to perform its obligations under this Bond, whichever occurs fust if the
provisions of this Paragraph are void or prohibited by Irv, the minimum period of limitation available to sureties as a defense in thejurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common lase bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf or the
Contractor under the Construction Contract.
§ 14.2 Construction Contract. 'the agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or othenvise to comply with a material
tern of the Construction Contract.
§ 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms ofthe Construction Contract.
§ 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S-18521AS 8110
§ IS Modifications to this bond are as follows:
(Space is provided below for addillonal signatures ofadded parties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (CotporateSeal)
Signature: Signature:
Name and Title: Name and
Address Address
S-18521AS 8110
CALIFORNIA ALL-PURPOM 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 Califomla )
County of Orange )
On June 2. 2016 before me, Jeri Apodaca, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rhonda C. Abel
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(%) whose names) IMAM
subscribed to the within instrument and acknowledged to me that iee/sheA%q executed the same in
foa/her/BLek authorized capacity(m), and that by ldc/herAbak signature(s) on the instrument the person(%),
or the entity upon behalf of which the person(s) acted, executed the instrument.
SERI APODACA
Commission # 2081689
Notary Public -California n
40FM
Orange County
Z
Comm. Expires Oct 12.2018
j.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
S of Not Public
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:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
i Corporate Officer — Title(s):
Partner — u Limited General
Individual z Attomey in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — ;:'
Limited i General
Individual
� Attorney in Fact
Trustee
71 Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association - www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) hem tt5907
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 June 2, 2016 before me, Jami High, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared
Paul Kuliev
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(K whose nameK is/,are-
subscribed to the within instrument and acknowledged to me that he/ow t eery executed the same in
his/bef/tpeir authorized capacity,(ies), and that by his/12er/(peirsignatureliWon the instrument the person(a),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JAMI HIGH
Commission 2001181
ZR
. _ Notary Puollo - California Z
Orange County
My Comm. Expires Jan 12. 2017
Place Notary Seal Above
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.
Sign
Signt ture of tary Public
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:
Document Date:
Number of Pages: 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
F] 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:
o r :rr a :rrry •r
Bond No. 24066365
Document A312 TM -2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Sukut Construction, LLC
4010 West Chandler Avenue
Santa Ana, CA 92704-5202
OWNER:
(Mame, legal status and address)
TM California Services, Inc.
100 Spectrum Center Drive, Suite 1450
Irvine, CA 92618
CONSTRUCTION CONTRACT
Date: April 1, 2016
Amount: $2,187,800.00
SURETY:
(Name, legal status amf principal place of business)
Liberty Mutual Insurance Company
790 The City Drive South, Suite 200
Orange, CA 92868
Meiling Address for Notices
790 The City Drive South, Suite 200
Orange, CA 92868
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to Its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Two Million One Hundred Eighty Seven Thousand Eight Hundred Dollars and 00/100
Description:
(Name and location)
Construction of Interstate 5 and Valle Road/La Novia Avenue Interchange Improvements, #1214 -NMC -0701
BOND
Date: June 2, 2016
Not earlier than Construction Contract Date)
Amount: $ 2,187,800.00
Two Million One Hundred Eighty Seven Thousand Eight Hundred Dollars and 00/100
Modifications to this Bond: 0 None See Section 18
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seat)
Sukut Construction, LLC
Signature:
Name
and Title: Paul Kuliev, CFO
(Any additional signatures appear on the last page ojthis Payntent Bond.)
(FOR INFOR,NATIONONLY —Nome, address and telephone)
AGENT or BROKER:
Alliant Insurance Services, Inc.
1301 Dove St., Suite 200
Newport Beach, CA 92660
(949) 756-0271
S•2149/AS 81110
SURETY
Company:
(Corporate Seal)
Liberty Mutual Insurance Company
Signature:
Name ...._..-- —...__.
and Title: Attorney -in -Fact
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other parry:)
1912
§ I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, edministrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,
subject to the following terms.
§ 2 if the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.
§ 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surely shall promptly and at the Surety's expense defend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or
perforated, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in
Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation
to famish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall promptly and at the Surety's
expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shalt not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 6, The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
5-2149/AS 8110
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of coinpetent jurisdiction in the state in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Section 5. 12 or 5.2, or (2) on which the lost labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which thew
signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.
§ 14 When this Bond has been finmished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement orpurchase order pursuant'to which labor, materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment foruse in the performance of the
Construction Contract
.6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of the Claim;
.7 the total amount ofprevious payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor,
materials or equipment for use in the performance of the Construction Contract. no term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent
of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and all changes made to the agreement and the Contract Documents.
5-2149/AS 6/10
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is provided beloiv for additional signnntres ofadded parties, otter than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL
SURETY
Company: (Corporate Seal)
Company:
Signature:
Signature:
Name and Title:
Name and I.
Address
Address
S-2149/AS 8110
(Corporate Seal)
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 June 2. 2016 before me, Jeri Apodaca, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rhonda C. Abel
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(:) is/Am
subscribed to the within instrument and acknowledged to me that I e/she/ bmlt executed the same in
JaWber/26reir authorized capacity(m), and that by t;ms/her/tbmir signature(:) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JERI APODACA
Commission # 2081689
a -:~ Notary Public - California i
Z Orange county
My Comm. Ex fres Oct 12. 2018 J
Place Notary Seal Above
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 - n
- o 0(,
Qi� of ffckary Public
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:
Number of Pages:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — u Limited U. General
Individual X Attorney in Fact
Trustee Guardian or Conservator
J Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — L' Limited ! General
Individual Attorney in Fact
Trustee --j Guardian or Conservator
Other.
Signer Is Representing:
02014 National Notary Association - www.NabonaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) ttem 85907
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 June 2, 2016 before me, Jami High, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Paul Kuliev
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose narreK is/aw
subscribed to the within instrument and acknowledged to me that he/qwtiey executed the same in
his/hpr/Njeif authorized capacity(wO, and that by his/tW/t>eir signature(Oon the instrument the person(er
or the entity upon behalf of which the persort(a) acted, executed the instrument.
JAMI HIGH
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — E) Limited El General
❑ Individual El Attorney in Fact
❑ Trustee E-1 Guardian or Conserv
° Commission M 2001181
.,r
Z �.. Notary Public - California z
Z`t Orange County x•
My Comm. Expires Jan 12, 2017
Place Notary Seal Above
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.
Sign '0
Signature f Notary Public
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:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
LJ Corporate Officer — Title(s):
11 Partner — ❑ Limited 11 General
❑ Individual El Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
L1 Other:
Signer Is Representing:
ator
❑ Other.
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Rem#5907
RIDER ADDING ADDITIONAL OBLIGEE
Interchange Corporate Center
450 Plymouth Road. Suite 400
Plymouth Meeting, PA 19462-1644
Ph. (610) 832-8240
This rider is to be attached to and form a part Performance and Payment bonds No. 24066365 , dated the 2nd
day of lune , 2016 executed by LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts
stock insurance company, as surety (the "Surety"), on behalf of Sukut Construction, LLC
, as principal (the "Principal"),
in favor of TM California Services, Inc-
as obligee (the "Primary Obligee").
WHEREAS, the Principal has by written agreement dated the I st day of April , 2016
entered into a contract (the "Contract") with the Primary Obligee for: Construction of Interstate 5 and Valle RoadtLa Novia
Avenue Interchange Improvements, #1214 -NMC -0701
WHEREAS, the Primary Obligee has requested that the Principal and the Surety execute and deliver to the Primary
Obligee the Bond in connection with the Contract.
WHEREAS, the Primary Obligee has requested that the Principal and the Surety execute and deliver to the Primary
Obligee this Rider to add additional obligee(s) (the Additional Obligee(s)) under the Bond.
NOW THEREFORE, the undersigned hereby agree and stipulate that Pacific Point Development Partners LLC;
Capistrano Unified School District; City of San Juan Capistrano; California Department of Transportation (Calmans); Starwood
be added to the Bond
as Additional Obligee(s), subject to the conditions set forth below:
1. The Surety shall not be liable under the Bonds to the Primary Obligee and/or the Additional Obligee(s)
unless the Primary Obligee and/or the Additional Obligee(s) shall make payments to the Principal strictly in
accordance with the terms of the Contract, and shall perform all other obligations to be performed under said
Contract in accordance with the Contract terms.
2. The aggregate liability of the Surety hereunder to the Primary Obligee and/or the Additional Obligee(s) shall
be limited to the penal sum of the Bonds and Surety upon making payment hereunder shall be subrogated to
and entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by
the payment, either against the Principal or any other party liable to the payee on the discharged obligation.
3. The Additional Obligee(s) rights hereunder are subject to the same defenses Principal and/or Surety have
against the Primary Obligee, and the total liability of the Surety shall in no event exceed the amount
recoverable from the Principal by the Primary Obligee under the Contract. At the Surety's election, any
payment due under the Bond may be made by joint check payable to the Primary and/or any Additional
Obligee(s).
This Rider is effective the 2nd day of June
2016
IN WITNESS WHEREOF, said Principal and the Surety have caused these presents to be duly signed this 2nd
day of June , 2016
Sukut Construction, LLC
(Principal)
LIBERTY MUTUAL INSURANCE COMPANY
(Surety)
By:
Title: CFO, Paul Kuliev
Date: /_ _ 9 . At—
LIBERTY
v
Title: Attomey-In-Fad Rhonda C. Abel l
Date: lune 2. 2016
Add Obligee(s) Rider SMR Rev. 01115
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 Oran<
On June 2. 2016 before me, Jeri Apodaca, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/me
subscribed to the within instrument and acknowledged to me that laelsheiiMsl7 executed the same in
bia/herAkeir authorized capacityCmil and that by bde/her/fbedt signature(z) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JERI APODACA
Commission # 2081689
i .yam Notary Public - California i
Z Orange County
M Comm. Ezplres Oct 12, 2018
Place Notary Seal Above
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
177 1 N Lary Public
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:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — ❑ Limited General
Individual X Attorney in Fact
Trustee = Guardian or Conservator
J. Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Titles):
Partner — Limited General
_ Individual _ Attorney in Fact
Trustee J Guardian or Conservator
J Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) hem #5907
A notary pudic 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 June 2, 2016
Date
before me, Jami High, Notary Public
Here Insert Name and Title of the Officer
personally appeared Paul Kuliev
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personKwhose names) is/jnre
subscribed to the within instrument and acknowledged to me that he/§hWjhey executed the same in
his/pef tbeir authorized capacity(ies), and that by his/ber/their signaturtt(e}on the instrument the person(,$);
or the entity upon behalf of which the personKacted, 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.
WITNESS m hand and official seal.
JAMI HIGH
COmm1as10n ♦ 2001181 `
_ .p a Notary Public • California i Signatur
Z 'w, Orange County = Signe of Aktary Public
M Comm. Ex Iros Jan 12, 2017
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:
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:
o r :rr a :rr •r