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16-0419_INTERNATIONAL LINE BUILDERS, INC_Performance BondBond No. 190036460/106522439 mm tS-BONDFORiMS 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 Internationa! Line Builders, Inc. (hereinafter referred to as the "Contractor) an agreement for Contract No. lsiQi* (hereinafter referred to as the "Project''). *Traffic Signal Construction at Rancho Viejo Road & Paseo Espada WHEREAS, the work to be performed by the Contractor is more particularty set forth in the Contract Documents for the Project dated np', \\. (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, International Line Builders, Inc., the undersigned Contractor and Liberty Mutual Insurance Company & Travelers Casualty and Surety** 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 TWO HUNDRED EIGHTY NINE THOUSAND DOLLARS, ($289,000.00), 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. **Company of America THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, admimstrators, 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 under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. 81147.02100\228eS368.r -5-00 61 13- BOND FORMS 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: f. Take over and complete the Project in accordance with all terms and conditions fn the Contract Documents-or ll,. 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 Surely and the City, and make available as work progresses sufficient funds, to pay the cost of completion of the Project, less the baiahce of the contract price, including other costs, and damages for which Surety may be fiable. 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, fess any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. li 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 compietion 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 Conlract 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 compietion 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 compietion 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 perfoimed 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: QF PAGE iEFT^ JNTENTiONAELYeMNICI mmm'immmsm.i'-•8-00:01 ISHBOkOrtoRMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this \\r^. .2016. day of (Corporate Seal) Internatiane! Line guilders. Inc. Contxagtgrf Princip Title \]\ae- 9cessde\A\ (Corpprate Seal) Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America Surety (Attach Attorney-in-Fact Certlftcate) The rate of premium on this bond is charges is $11,429 L945 Ati6mey-in-Fact Title NicoleT.anger. Atuiriie>-in I aet , per thousand. The total amount of premium (Thetaboyejnust be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02116 & Travelers Casualty and Surety Company of America, One Tower Square - 2SHS, Hartford, CT 06183 (Name and Address of Agent or Representative for service of process in California, if different from above) Willis of California, Inc. One Bush Street, 10th Floor San Francisco, CA 94104 (Telephone number of Surety 415.955.0225 and Agent or Representative for service of process in Califomia) Bil47.d21dfl\2286536S.1 -7. 00 61 13- BOND FORMS 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 Califomia County of Riverside J On June 07, 2016 before me, Ashley Q. Esparza- Notary Public (insert name and title of the officer) personally appeared Earnest Brown 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 CF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature MAM^QPz-opg CK^ (Seal) ASHLEY Q. ESPARZA > Commission # 2072845 I Notary Public - California 1 Riverside County - My Comni. Expires Jun ^J'JO'B |^ 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 iSmnmmm Minnesota COUNTY OF Hennepin On , 20; , before me,. Heather R. Goedtel Notary Public, personally appeared. Nicole Langer, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the persori(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 personi s), or the entity upon behalf of which the person(s) acted, executed the instrument ! certify under PENALTY OF PERJURY under the laws of the State of SSKdi^ that the foregoing paragraph is true and correct. Minnesota WITNESS ray hand and official seat. HEATHER R GOEDTEL I NOTARY PUBUC - MINNESOTAj My Commission Expires BfNQja«jg>y)S4,2018 OPTIONAL Though ths infofmation below is not required by law, if may prove valuable io persons mtying on the document and could prevent frauduient removal and reattachment of this form to another document CAPACITY CLAIIWED BY SIGNER individual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Titla pr Typs of Document r Partner(s) Attorney-in-Fact r Trustee(s) , Guardian/Conservator ' Other: Signer is representing: Name Of Person(s.) Or Entityfies) Limited Genera! Number of Pages .Date of Document Signeits) Oftef Than Narhed Above 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 ei 147,02100122865368.1 00 61 13-BONO FORMS