15-1103_UNITED BUILDING AND DEVELOPMENT SERVICES, LLC_Performance Bond No. CE03138600086Bond No. CE03138600086
Premium: $12,750.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT^H;gggA^^t^jgjfy^^f ^^uan Capistrano (hereinafter referred to as "City") has
awarded to Development Servi^ce'S^f ^g^t^^ referred to as the "Contractor")
an agreement for (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 1 1 /04/201 5 , (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.
United Building and Development:
NOW, THEREFORE, we, Services, LLC, the undersigned Contractor and
Philadelphia Indemnity Ins. CO. as Surety, a corporation organized and duly
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 adrninistrators,
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, admdnistrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements hi 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 iatent 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 hi full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for hi 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 firom 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. Nothhag herehi shall limit the City's rights
or the Contractor or Surety's obligations under the Contract, law or equity, hicludiQg, but not limited
to, Califomia 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:
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2S589.01000\14020299.1
(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, iacluding 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,
Califomia 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 ntilize Contractor hi 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 hi 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, iacluding but not limited to the provisions of sections 2819 and 2845 of the Califomia
Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 4th day of
December ^20JJi. United Building and
Development Services^ LLC. (Corporate Seal) Contractor/ Principal
By Rene Cortez
Title Owner/President
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25589.01000\14020299.1
Philadelphia Indemnity Ins. CO.
(Corporate Seal)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is -^^ per thousand. The total amount of premium
charges, $12,750.00 .
(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) Philadelphia Indemblty Insurance Company
One Bala Plaza Ste 100
Bala Cynwyd, PA 19003
(Name and Address of Agent or
Representative for service of
process in Califomia, if different
from above)
(Telephone number of Surety and
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 must be attached hereto.
25589.01000\14020299.1
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PHILADELPHIA ESDEYPNTTY INSURANCE CO.MP.ANA' ^ _ ... ^ _ _
One Bala Plaza, Suite 100 CEOS 1 38600086 Bala Cynwyd. PA 19004 w m. w . w v w w w w v» w
Power of Attorney
ENOW ALL PERSONS BY THESE PRESENTS: that PHTLADELPHIA INDEMNITY INSHRANCE COMPANY (the Con^raiy). a cotpoiation orgamzedand
ejdstiiig under the laws of the Coomionwealth of Pennsylvania, does hereby canshtute and nppcant James R, Oken, RAI. Frieclik, Gabby Acosfn, and Abel Acosta,
of JJU Olsen Bonds & Ihsnrance Brokers, City of Cauoga Park, State of California.
Its tme and lawful Attomey(s) in fact with full authority to execute on its bdialf bonds, undertaking recognizances and other contracts of indemnity and writings
obli^itory in the nature thereof, issued in the course of its business and to bind the Ccmqiany thereby, in an amount not to exceed S25.000.00a.00
This Power of Attomey is granted and is signed and sealed by fecsimile under and by the authority of the foEowing Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNTTY MSXIRANCE COMPANY at a meeting duly caHed the 1" day of July. 2011.
RESOLAHD: That die Board of Directors hereby authorizes the President or any Vice President of the Con^iany to: (1) Appoint Attomey(s) in Fact and auflioiizB the Attomey(s) in Fact to
execute on belialf of die Company bon:^ and tindatakings, contracts of indemnity and other writings obligatory in die nature tiiereof and to attach the seal of die Company diereto; and (2) to remotre, at any time, any sudi Attomey-in-Fact and revoke the authority given. And, be it
FURTHER RESOLVED: That die signatures of .such officers and the seal of the Con^iany may be afExed to any sudi Power of Attorney or certiBicafe relating diereto by fiicsimile, and any sudi Power of Attomey so executed and certified by fecsimile signatures and facsimile seal shall be valid and biding upon die Qimpany in die foture with die respect to any bond or
undertaking to vdiich it is attached.
IN TESTIMONY WHEREOF. PHILADEU^HIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SK2vED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFHCE THIS 7™ DAY OF FEBRUARY 2013.
19??
(Seal) Robert D. O'Leary Jr., President & CEO Pliilodelphia Indemnity Insurance Con^iany
On this 7* day of February 2013, before me came the indtvidual who executed the preceding instrument to me personally known, and being by me duly sworn said that > he is die dierein described and audiorized officer of the PHHADELPHIA INDEMNITY INSUR-ANCE COMP-4NY; that the seal affixed to said instrument is the Coiporate seal of said Corc^iany; that the said Corporate Seal and his signature were duly affixed.
coraHoaweAi.iHoFeEwNSYL.yAww NOTARIAL^ DANEUE PDRAm Noiaiy PabSc Lorn Menwmga f*(iSommttowtY
Notary PuMic:
O^otarySeal) residing at:
My commission expires:
Bala Cynwyd, PA
March 22, 2016
L Qaig P. Kdler. Executive Vice President Chief Finaiidal Officer and Secretary of EffiLADELPHIA INDEMNITY INSURANCE COMPANY, do hcrby certify that the Erregoing lesoludon of the Board of Xhrectors and this Power of Attorney issued pursuant dwieio are true and correct and arc stall in. hdl force and effect. I do further certify that Robert D. O'Leary Jr., who executed (he Powerof Attorney as President was on the date of execution of die attached Power of-Attomey fhe duly elected President of PffiLADELPHIA INDEMNirY INSURANCE COMPANY.
4 Dec .^.siTYSFV--
In Testhnany Whereof I have subscribed my name and affixed die fecsimile seal of each Company this ^day of .-fi. --4v^~.20 If'
192?
Craig P. Keller, Executive Vice President Chief Financial OfficEcA-: PHlXADELPHLAINDEbiNrrY INSURANCE COMPANYt =• '
1^,7- i —Z-lef.. '/>
s-~C'A-,vc "-Cu-- AfliS-
T. t /s^ ''"""^-•^ V e^ 5
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 Los Angeles s.s.
On 12/04/2015
personally appeared.
. before me, -Esireban F1 ore s, Not aj:y-Eu.b.l,.i c.
James R. Olsen
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
instrume.nt 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,
WITNESS my hand and official seal.
ESTE3AN FLORES 71
"s>S>-s|J^
Commission # 1987526
Notary Public - California i
Los Angeles County 5
My Comm. Expires Aug 9, 20161
OPTIONAL INFORMATION
Description of Attached Document
The preceding Certificate of Acknowledgment Is attached to a
docui
Uni1
I Method of Signer identification
document titled/for the purpose of Perf ormacne Bond f o[i^j.^,^gjj(g|.j^gQ|^(^(,j,gg|gQfgg(igfgj,,Qiygy.jgi^j,i,.
united Building and ^^^^;mf^6^m¥^^io^^<iermo.no. TaodiuoM.nosa,e
containing: _ pages , and dated 1 2/04/201 5
The signer(s) capacity or authority is/are as:
' : individuai(s)
(.'j Attorney-in-fact
!., • Corporate Officer{s)
3 witness(es}
Notarial event is detailed in notary Journal on:
i
, Page# Entry #
i Notary contact:
i Other
j i" ! Additional Signer T. i Signerfs) Thumbprints(s)
Guardian/Conservator
Partner - Limited/General
Trust6e(s)
Other
j representing: Philadelphia Indemnity Insurance Company. . - •