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17-0516_LAYNE CHRISTIANSEN COMPANY_Payment Bond Bond No. 106722961 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed , 20 has awarded to Layne Christensen Company hereinafter designated as the"Principal," a contract for the work described as follows: 2017 Well Rehabilitation and Equipment Replacement (the"Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Travelers Casualty and SuretyCompany of America as Surety, are held and firmly bound unto the City in the penal sum 01 Ninety Nine Thousand Six Hundred Twenty Three and No/100 Dollars ($99,623.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in,upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such workand labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions - 30 - 61147.02100114019172.1 precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and 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 41 Title General Mariner Travelers Casualty and Surety Company of America One Tower Square,Hartford,CT 06183(860)277-0111 (Corporate Seal) Surely By 2,,kiii4),-)'S -ecA Attorney-in-Fact Title Rebecca S.Leal,Attomey-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. - 31 - 61147.02100114019172.1 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, anc not the truthfu|neoe, accuracy, or validity of that document, STATE OF CALIFOR ` COUNTY OFSo/` u-xiD /li/ --- / - . On | lJ /�� Y � ^ |/� / `20 'before me, ( �//'�-�1l �� ^ /���' , Notary Public, personally' ) appeared | oc�-/\- , who proved to me on the basis of satisfactory evidence to be the p whosename(i) | / subscribed to the within instrument and acknowledged to me that hm/a�e/W�ey executed the same in his/her/their authorized ca ' and that by his/her/016r signotume(%) on the instrument the pmroon(A), or the entity upon behalf of which the person(e) 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 . � Commission dr 2135729 /-T/'Notap Public-California 204 ~~ !Az ' ' ' ^OPT|ONAL Though the Information below is not required bylaw, if may prove valuable to non the document and could prevent fraudulent removal end reattachment of this form to another document, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o Individual Corporate Officer Title(s) Title or Type of Document OPartne,(o) 0 Limited O General Number of Pages OAttomoy'|n'Faot 0 Trustee(s) OGuardian/Conmemotor Date of Document 0 Other: Signer is representing: Name Of Person(s)Or Entity(les) Signer(s)Other Than Named Abov - 32 - 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 Title of Notary personally appeared Rebecca S.Leal Nome and or Names of Slgner(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. I certify under PENALTY OF PERJURY under the laws of C. STEPHENS GRIGGS the State of California that the foregoing paragraph is true NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI and correct. JACKSON COUNTY MY COMMISSION EXPIRES 6/21/2019 Witness my ha and official seal._ COMMISSION#15204195 Signature • t • Public 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- 0 Limited 0 General RIGHT TRLJMut'FINT 0 Partner- 0 Limited 0 General T thAILIPhiNI ❑ Guardian or Conservator Or SK:NEH 0 Guardian or ConservatorHiNEF © Attorney-in-Fact Top itw 0 Attorney-in-Fact Topa tip ❑ Trustee 0 Trustee ❑ Other: 0 Other. Signer is representing Signer is representing ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• i rile ruvvtri Lit-Al IORNEY IS INVALID WITHOUT THE RED BORDER 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. 0 0 7 18 0 1 0 4 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 T. Flanigan,Jeffrey C.Carey.Charles R.Teter III, Laura M. Buhrmester,Charissa II 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 _,y(Y ,�eE y 'N t,ys44!n,,,p,„ �P` N0 rin° ZI �(�y�Y G,4(44,, Y�-- : �, y .Q�..:....�G,D JJ J: -. .. 1: P 'C fin.'r 0O jt� Iri - 1® n{ urC -•^rCim5 iW:'L�--24'e)711 a < V`�� � �n � RV/P. 'I .n� w IIARfFORD, ` u O _ ,' ASVk.'")2'.,. or '" C"' o ib1 "6. Iv ,,,t},---)4 1686 1 t t 19Jr71 E l �`.SEALroi S81CL:ei i \\ I Y N.. 4D ' ,� Ni,s� ter '''',.;$1::,1'..:';-4" r.......:+a+rof.. .:'a + �° i v9op r„ ON > 4, _s ''►,,,:�;,,",..:.� `ws,:..��'r �.r..,....i • 'e AN4 I State of Connecticut By: 6.' City of Hartford as. Robert L.Raney.Senior Vice President ' ` On this the I Oth dayof 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. MTNIn Witness Whereof,I hereunto set my hand and official seal. % ' G C . My Commission expires the 30th day of June,2021. * PUSaG,* Mane C.Tetreault.Nreary Public C, 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • nruVV. Erna-'OWER 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 a 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 Attorney 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 tare r'���\ Tv G ArIiA�' FIRE 4 O�R..iMf`9 •/�/J �NSIIg9b.,. J,� MSA CU471) to 'fY'Y 1�. S. ""-"rvYlrm 4�� �2 x;ORC^A��f�mi �,y'.�40PVONgl�f^' `. ��l 3 E' ®4at -Ii n' HAHTFM t z 1 98 25 O 1977 E 1!'�c �, n• I o acVKC �D 1951 •ii' M! \SEAG,ro� ,�aSBALap Deo �r 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 N? 6516 STATE of CALWORNIA DF:PARPIICENT OF INSURANCE SAN ISANCLSCO Mendel Certificate of Authority ______- ramas ro CMITIFT,Thos,ptrreucret to tiw ratUnnlea Code of chit Stata of Cabjamb, Travelers Casualty and Surety Company of. America of Hartford, Connecticut Jorge/KW under the Tau,of Connecticut ,subject to th Artido of Incorporation or other jvnaiornentd organizational documents. is hereby authorised to troy within this State, subject to all provision,of this Certificate,the following dome *wawa: Fire, Marine, Surety, Disability, Plate Glass, Liability, Worke:e' eampeneation, Common Carrier Liability. 8o:ler and Machinery, 15uxg1ary, Credit, Sprinkler, Team and vehicle. Automobile, Aircraft, and Miscellaneous as such cla sea ore now or may hereafter be defined in tha Insurance Latae of the Store o f California. T'tas CkniitZGLTE is expressly conditioned upon the holder hereof rww and hereafter being in furl compliance with all,and not 6w violation of anis,of rho applicoble loser and lawful ragwrrerrunta made under authority of the laws of the Stoic of California as long au eurh lauao or rcqutsa,nentr aro in effect and applicable,and ac such lauu and roqucraments now are,or may hereafter be changed or aaaerdecL Ilv witivess WffizoP, affrottoe as of the '-W. clay of Lv —, /CU-, I hove hotly:No:et ruy hand and to cud t,sy o fetal Julia bo a1wd thtt lih day of 1u1►y. --• If 8y Ft .. �. I . Quali&adon 5, the Seeribq of Stan,mud be aaaastplired m oinked - •.,..... ..., code prvvsat}r After Sow=at tits Cmtu aab at nteboaty.mute m da so wfli be a vlailatlao orf is Ser.ltd and will be'pvuad,far re aktea this CoitOoite of Autbnrily varmint iai tea do caveman ands `pplitadra dltaferand tha traditions eamtainml Imelda Pamp,a r.n