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HomeMy WebLinkAbout2. Performance Bond and Payment BondEVE R VLS. PERFORMANCE BOND Bond Number: ES00008669 Premium: $36,035.00 Everest Reinsurance Company Everest National Insurance Company ❑ Everest National Insurance Company 461611 Avenue —0 Floor New York, N.Y. 10017 KNOW ALL MEN BY THESE PRESENTS: That we Souza Engineering Contracting, Inc. dba Souza Construction (hereinafter called the Principal), and Everest Reinsurance Company , a corporation duly organized and existing under the laws of the State of Delaware (hereinafter called the Surety), are held and firmly bound unto City of San Luis Obispo (hereinafter called the Obligee) in the penal sum of three million, five hundred tour thousand, one hundred Seventy-* Dollars ($ 3.504,175.88.------------ ), lawful money of the United States of America, for the payment of which, well and truly be made, we, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has by written agreement dated entered into a contract with Obligee for Tank Farm (toad and Orcurr Road Roundabout, Specification No. ** in accordance with drawings and specifications prepared by n/a which contract is by reference made a part thereof, and is hereafter referred to as the Contract. Now, Therefore, the condition of this obligation is such that, if the Principal shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be and declared by Obligee to be in default under the Contract, the Obligee having performed Obligee's obligations thereunder, and having terminated the Principal's rights to complete the Contract, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a contract between such bidder and Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract and any amendments or changes thereto, less the amount properly paid by Obligee to Principal, or (3) Waive its right to complete the Contract or arrange for completion of the Contract and allow the Obligee to complete or arrange for completion of the Contract in accordance with its terms and conditions. In the event the Surety elects to allow the Obligee to complete or arrange for completion of the Contract, Surety shall make available sufficient funds to pay the cost of completion less the balance of the contract price as defined in (2) above, but not exceeding; including other costs and damages for which the Surety may be liable, the penal sum of the bond set forth above or shall deny liability in whole or in part and notify the Obligee of the reasons therefore. *five &r 88/100----- **1000164 Any suit under this bond must be instituted before the expiration of two (2) years from the date of completion and acceptance of the Contract irrespective of the date of discovery of defects or deficiencies in the Principal's or completion contractor's performance of the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed, sealed and delivered this 23rd day of July , 2021 Souza I n i ti&,King Contra , o . ba Souza Construction (Principal) (seal) CDn C�L� Ptd►[Y11Y�1 fitness) By Sh6e A—0506zc, e7vryc NPti Please see attached (Witness) Everes urance Company (S ur ) (Seal} By liatles M. Gris�v Id Attorney -in -Fact N/A (Surety) (Seal) (Witness) By , Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verffles 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 Santa Clara On _ July 23, 2021 before me, Date personally appeared Charles M. Griswold P. K. Simicich, Notary Public Here Insert Name and Title of the Officer 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), 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. eMy P. K. SIMICICH Notary Public - California ZSanta Clara County Commission k 2302862 Comm. Expires Sep 21, 2023 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 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 foram to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) 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: - @2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ) 06- ,eFVE R ES-\ © Everest Reinsurance Company ❑ Everest National Insurance Company LABOR & MATERIAL PAYMENTBOND Bond Number: ES00008669 Premium: Included in Performance Bond Everest National Insurance Company 461 611 Avenue - 411 Floor New York, N.Y. 10017 KNOW ALL MEN BY THESE PRESENTS: That we Souza Engineering Contracting, Inc. dba Souza Construction (hereinafter called the Principal), and Everest Reinsurance Company , a corporation duly organized and existing under the laws of the State of Delaware (hereinafter called the Surety), are held and firmly bound unto City of San Luis Obispo (hereinafter called the Obligee) in the penal sum of three million five hundred four thousand one * Dollars ($ 3,50 ,175,88-----•---•-•••-- --• �, lawful money of the United States of America, for the payment of which, well and truly be made, we, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has by written agreement dated entered into a contract with Obligee for Tank Farm Road and Orcutt Road Roundabout, Specification No. ** in accordance with drawings and specifications prepared by n/a , which contract is by reference made a part thereof, and is hereafter referred to as the Contract. Now, Therefore, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions. (1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above -named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit (3) No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Obligee, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. *hundred seventy-five & 88/100----- **1000164 b) After the expiration of one (1) year following the date on which claimant performed the last of the work of labor, or furnished the last of the materials for which said claim is made, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed, sealed and delivered this 23rd day of July , _ 2021 Souzao\Je in Co . c � Inc. dba Souza Construction (Princ(seal) 'Dc.Y,�e�1� �drral+•-. Cp rack / 1vv+�S�ss) y Su Evereinsurance Company rety (Seal) Please see attached V(2 (Witness) Charles M. riswold Attorney -in -Fact N/A (Surety) (Sea!) (Witness) By Attorney -in -Fact 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 Santa Clara On _July 23, 2021 before me, P. K. Simicich, Notary Public , Date Hem Insert Name and Title of the Officer personally appeared Charles M. Griswold 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(es), 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. P. K. SIMICICH "'rNotary Public - California :. Santa Clara County Commission k 2302862 My Comm. Expires Sep 21. 2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handwqJ official s� Signature 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: Number of Pages: Signer(s) Document Date: 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: @2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 1"` ,eVE R E.5` 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: Vincent M. Scolarl, Patricia k Simicich, Wendy R. Pastore, David J. Bachan, Charles M. Griswold, Sarah Lorincz, Steven M. Duke, Martha Vella Garcia 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. Everest Reinsurance Company OSEAL 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 execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York No 01R06239736 Qualified In Queens County Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this _ 23rd , day of July _ 20 21 ES 00 01 04 16