Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
17-0516_LAYNE CHRISTIANSEN COMPANY_Performance Bond
Bond No. 106722961 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano (hereinafter referred to as "City") has awarded to Layne Christensen, Co , (hereinafter referred to as the "Contractor") an agreement for 2017 Well Rehabilitation and Equipment Replacement (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 , (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. • 'under the laws o the state of CT NOW, THEREFORE, we, Layne Christensen Company, the undersigned Contractor am_ Travelers Casualt and Suret Com.an of America 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 Ninety Nine Thousand Six Hundred Twenty Three and No1100 DOLLARS, ($ 99,623.00 ), 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. THE CONDITION OF THIS OBLIGATION IS SUCII, 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-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 in full force and effect. 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, Surety shall undertake and faithfully fulfill all such obligations. 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. - 26 - 61147.02100\14019172.1 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: (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, 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, (3) Permit the City to complete the Project in any manner consistent with local, California 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 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, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code, IN 'WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20_). Layne Christensen Company (Corporate Seal) 1717 W.Park Ave., Redlands,CA 92373 Contractor/Principal - 27 - 61147.02100\140[9172.1 • B r Title General Manager Travelers Casualty and Surety Company of America One Tower Square,Hartford,CT 06183(860)277-0111 (Corporate Seal) Surety A By T././C2A) , _in_Fact Rebecca At-tome S.Leal Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title Rebecca S.Leal,Attorney-in-Fact The rate of premium on this bond is $5.30 per thousand. The total amount of premium charges, $528.00 • (The above must 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) Travelers Casualty and Surety Company of America One Tower Square Hartford,CT 06183 (Name and Address of Agent or Lockton Companies, LLC Representative for service of process in California, if different 35th Floor,725 S.Figueroa,Los Angeles,CA 90017 from above) (860)277-0111 (Telephone number of Surety and (213)689-0500 Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. - 28 - 61147.02100 14019172.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who sicned the document to which this certificate is attached, anc not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ççj On InCkAt JC, ,),(' ,2OI , before me, t.//1---)--11 L-e-e , Notary Public, personally appeared C\ , who proved to me on the basis of satisfactory evidence to be the persons whose namEge) is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitycles), and that by hisNttritktir signature(g) on the instrument the person ), 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. WITNESS my hand and official seal. CYNTHIA E.LEE .°411grr,:. Commission•213,5729 i - "•'',. f Nag pt,itp-California I \‘''") Sifibaredin0 County - Comm.E res Jan 1,2020 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 0 Individual 0 Corporate Officer Title(s) Title or Type of Document 0 Partner(s) 0 Limited 0 General Number of Pages Attorney-In-Fact 0 Trustee(s) 0 Guardian/Conservator Date of Document 0 Other: Signer is representing: Name Of Person(s)Or Entity(les) Signer(s)Other Than Named Above 29 - 61147.02100114C19172.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. •♦••••••••••••••••••••••••••••♦•••••••♦•••••••••••♦•••••••••••••••• State of Missouri County of Jackson On May 9,2017 before me, C.Stephens Griggs , Notary Public Date Name and Tdle of Notary personally appeared Rebecca S.Leal Name and or Name*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. C. STEPHENS GRIGGS I certifyunder PENALTY OF PERJURY under the laws of NOTARY PUBLIC-NOTARYlc ,L STATE OF MISSOU�<! the State of California that the foregoing paragraph is true JACKSON COUNTY and correct. MY COMMISSION EXPIR S 5;2 COMMISSION# 15234195 Witness my hand -nd official seal. . Signature . 4 ` I OWic Signature Place Notary Public Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner- ❑Limited 0 General R,(;1,T THUMl1t°RINr 0 Partner- 0 Limited 0 General FIGHT I FILMIdt'1;V l ❑ Guardian or Conservator OF SrrNEri 0 Guardian or Conservatorof © Attorney-in-Fact Top thumb 0 Attorney-in-Fact T0°of n ❑ Trustee 0 Trustee In Other: 0 Other: Signer is representing Signer is representing ••••••••••••••♦••••••••••♦•♦••••••♦•••••••••••••••••••••••••••••••• WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 411 ► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 231532 Certificate No. 00 7180100 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Patrick T. Pribyl, Debra J. Scarborough,Christy M. Braile, Mary 1'. Flanigan,Jeffrey C.Carey,Charles R.Teter III,Laura M. Buhrmester,Charissa D Lecuyer,Evan D.Sizemore, Rebecca S. Leal,Larissa Smith,C. Stephens Griggs,Tahitia M. Fry, and Megan L. Burns-Hasty of the City of Kansas City ,State of Missouri ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed.this 10th day of April 2017 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company ,c• �4Wr6 o49oN $'sro Rp ti m�� T 16"°"';A, ;;?�.- evoa4,,yr '° `1, t gg F: --_ MARFORO alRtWi47, t. 19112 0 2 0.•a — (7.! t -z f', - a. °tc�sltpgc � ' �, 1951 � �'�SEAL.+o: CORN. gl rxntl. /R �� � ,+,f 'oSSRLii= \ ! �Q' �• " ! �� • ' AW�J `0+9 .. ��a a �+�s • r'a qh AlNit`- State of Connecticut By: 2/, City of Hartford ss. Robert L.Raney.Senior Vice President On this the 10th day of April 2017 before me personally appeared Robert L.Raney.who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters.Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company.Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such.being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•TeNIn Witness Whereof,I hereunto set my hand and official seal. ` t' LW My Commission expires the 30th day of June,2021. Ave * Marie C.Tetreau}t.Notary Public 58440-5-16 Printed in U.S.A. WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 Kevin E.Hughes,Assistant Sec tary C p�'�.••y• �. V y`F�a 4y o\��...kr4,D ��pr•�...,�qyh�, yJr` paL �p,a a�grn, tett Ary CJD �S iY ��"S Nc ci f.....•�Lr� 1°0:... ..-'dD .4 at , :on � 4 ,+ AIN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER