HomeMy WebLinkAbout5. Copy of Payment and Performance bondsPERFORMANCE
BOND
(Public Work)
Bond No.: SU1153713 Premium: $11,119.00
KNOW ALL BY THESE PRESENTS, That we, R. Burke Corporation as
Principal, and Arch Insurance Company, a Missouri corporation, as Surety, are
held and firmly bound unto _Ibn Q ty of San Luis Obispo _, as Obligee, in the sum of
— Dollars ( $901p2.00" i
for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, Principal has entered into a contract with Obligee dated on or about May-16,2019 for
Stafford/KentuGky Street Sewer Replacement, Specification No, 91265 _
("Contract").
NOW, THEREFORE, the condition of this obligation is such that if Principal shall perform the Construction Work
to be done under the Contract, then this obligation shall be null and void; otherwise to remain in full force and
effect. Surety's obligations hereunder shall not arise unless Principal is in default under the Contract for failing
to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for
failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such
event, Surety shall have a reasonable period of time to:
1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to
perform and complete the Construction Work to be done under the Contract; or
2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of
the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by
Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or
3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2
above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount
for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender
payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons
therefor.
4. The Contract balance, as defined below, shall be credited against the reasonable construction
cost of completing the Construction Work to be performed under the Contract. If completed by Obligee
pursuant to paragraphs 2 or 3 above, and the reasonable construction cost exceeds the Contract balance,
Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the
amount of this bond. If Surety completes the Construction Work pursuant to paragraph 1 above, that portion of
the Contract balance as may be required to complete the Construction Work to be done under the Contract and
to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would
have been payable to Principal had there been no default under the Contract; provided, however, that to the
extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a
dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the
penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount
payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by
Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing
all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding
any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of
any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the
Construction Work.
5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of
one year from the date of substantial completion of the Construction Work, or (b) one year after Principal
Performance Bond — Page 1 of 2
ceased performing the Construction Work under the Contract, excluding warranty work. If this bond is provided
to comply with bond statutes in the location where the Construction Work is being performed, and the bond
statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth
herein shall be read out of this bond and the statute of limitation set forth in the bond statutes shall be read into
this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation
shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date of
substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work,
excluding warranty work.
6. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction
in 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.
7. This bond shall not afford coverage for any liability of Principal for tortious acts, whether or not
said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental
to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for
the use of any person or entity other than the named Obligee.
8. This bond is provided to comply with applicable statutory or other legal requirement for
performing construction contracts for public owners in the location where the Construction Work is being
performed. Except as provided in paragraph 5 above, all provisions in the bond which are in addition to or differ
from applicable statutory or legal requirements shall be read out of this bond, and all pertinent statutes and
other legal requirements shall be read into the bond.
Signed this 16th day of May - . _„ 2019
R. Burke Corporation
(Principal)
By:
Insurance L;6 pany�
(Surety)
Myrna Smith, Attorney -in -Fact
Performance Bond — Page 2 of 2
AIC 0000268759
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named here ey have no uthority to bind mpany except in the
manner and to the extent herein stated Not valid for Note, ter of Credi Currency Rate, t Rate or Residential
Value Guarantees.
TORNEY
- .-- _
Know All Persons By Y c
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Britton Christansen, Kevin Vega, Myrna Smith and Philip E. Vega of Covina, CA (E,ACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power fof and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizance's an other surety obligations, in the penal sum not exceeding
Ninety Million Dollars ( 90 000 Q00.00) i, - - -_-
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
r he execution of such bonds, undertakings, recognizance$ and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board the President," or,, the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees!' designated'in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company,, may appoint agents for acceptance of
Process:
This Power of Attorney is signed, sealed and certified by facsimile under and!,by 'authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 2011:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
_ :executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so Executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company,
OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A.
[JI U
A I C'L1 00268159,,
In Testimony Whereof, the Company' ha's caused^this instrument to be signed and its corporate seal to be afffxed1y their, authorized.,
officers, this 31" day of Janua , 2019.
Attested and Certified Arch Insurance Company
UPatrick K. Nails, Secretary David M. in a stein, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I Mir.hele Trioodi. a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the ruiegoing instrument, appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth.
CCrAtnQ"WVA>rr+i pF gEjkMiYLYAMIJI
UAi<.ilW TWON, Kotwy PLmlc
City of PhftirdlOW, PhU- C"tp
41 cam-ireYen EXPO" n;ru %I. Inn4Mir!-he[
■ 1 ��� !r �
di, Notary Publicsion expires 07/31 2021
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated J nu�31,
2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the
date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein,who
executed the PnwPr of Attorney as ExecutiveVice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
c � -
IN T STIMONY WHEktEOF, t have here'Urttd subscribed my name and affixed the corporate seal of the Arch Insurance Company,,on
this 11prKday of ►AAA , 20,C.
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance — Surety Division N
3 Parkway, Suite 1500 �
Philadelphia, PA 19102
hSIM
d S�TB
y�StttYt�
OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A.
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 San Luis Obispo
On before me, Christina Doherty, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Smith
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personX whose name0o is/"
subscribed to the within instrument and acknowledged to me that M611he/i1W executed the same in
Wher/100Muthorized capacitypW and that by]bWfierA%4 signature(9) on the instrument the personoo,
or the entity upon behalf of which the person(d) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
CHRISTINA DOHERTY is true and correct.
.t ,,m Notary Public - California WITNESS my hand and official seal.
a"R° San Luis Obispo County r
z 'nib
Commission # 2152104 n
My Comm. Expires Jun 1, 2020 Signature t C
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Tiltle(s):
0 Partner — ❑ Limited ❑ General
❑ Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name: __
❑ Corporate Officer — Title(s):
❑ Partner — El Limited ❑ General
❑ Individual O Attorney in Fact
O Trustee D Guardian or Conservator
❑ Other.
Signer Is Representing:
WN
02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PAYM ENT BON D
(Public Work)
Bond No.: SU1153713 Premium: Included in Performance Bond
KNOW ALL BY THESE PRESENTS, That we, R. Burke Corporation , as
Principal, and Arco Insurance Company ,, a Missouri corporation,
as Surety, are held and firmly bound unto The City of San Luis Obispo
as Obligee, in the sum of Nine Hundred Eight Thousand Two Hundred Two and 00/100*''
U.S. Dollars $908 202.00** for the payment whereof said Principal and Surety bind
themselves, jointly and severally, as provided herein.
WHEREAS, Principal has entered into a contract with Obligee, dated on or about May 16,2019 , for
Stafford/Kentucky Street Sewer Replacement. Specification No, 91265
("Contract").
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or
incorporated in the performance of the construction work to be performed under the Contract, then this
obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following
conditions:
1. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct
subcontractor of Principal to supply labor and/or materials and said labor and/or materials are actually
used, consumed or incorporated in the performance of the construction work under the Contract.
2. Principal and Surety hereby jointly and severally agree with 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 Claimant's work or labor was done or performed or materials were
furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the
amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which
were used, consumed or incorporated in the performance of the work, and have execution thereon;
provided, however, that a Claimant having a direct contractual relationship with a subcontractor of
Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its
claim within ninety (90) days from the date on which said Claimant did or performed the last labor
and/or materials for which the claim is made. 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. After the expiration of the earlier of: (1) one year after the day on which Claimant last
supplied the labor and/or materials for which the claim is made; or (2) the limitation period set
forth in the public works bond statutes, if any, in the location where the construction work is
being performed. Any limitation contained in this bond which is prohibited by any law
controlling in the state where the suit is filed shall be deemed to be amended so as to be equal
to the minimum period of limitation permitted by the law of that state, and said period of
limitation shall be deemed to have accrued and shall commence to run on the day Claimant
last supplied the labor and/or materials for which the claim is made; and
b. Other than in a state court of competent jurisdiction in 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. Surety's liability hereunder is limited, singly, or in the aggregate, to the
penal sum of the bond set forth herein.
Payment Bond - Page 1 of 2
5. This bond is provided to comply with a statutory or other legal requirement for performing
construction contracts for public owners in the location where the construction work is being
performed. Except as provided in paragraph 3 above, all provisions in the bond which are in addition
to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent
statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a
common law bond.
Signed this 16th day of May , 2019
R. Burke Corporation
(Principal)
By:
_ 24�-- -�'—
Rulg;T F-- e;L-L ;-f,
Arch Insurance Com an
(Surety)
By:
Myrna Smith, Attorney -in -Fact
Payment Bond — Page 2 of 2
r
AIC 0000268760
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acfs of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated. Not valid for Note, Loan, Letteri of Credit,! Currency Rate, Interest Rate or Residential
Value Guarantees.
W ORN EY
Know All Persons Sy 'I'
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Britton Christansen, Kevin Vega, Myrna Smith and Philip E. Ve CA (EA„C,H)„i',',I`
n on its behalf as
it t lawful Attorney(s)in-Fact, to make execute seal and deliver from the date of of this power forand s rue and
surety, and as its act and deed:
Any and all bonds, undertakings, recognlzances and other surety obligations, in the penal sum not exceeding
Ninety Million Dollars ($90,000,000.00). ==_
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations, in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, asllf,Ithe same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in Full force and effect:
'VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognlzances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process.'
This Power of Attorney is signed, sealed and certified by facsimile under' "andl'by authority of ithe following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 2011:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and tiled with the. Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
OOML0013 00 03 03
Page 1 of 2
Printed in U.S.A.
� 2
z o w AIG:-000.G.?F8760
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 31s` day of January, 2019.
Attested and Certified Arch Insurance Company
�.x,akrs:M,+.xe
seu
,$n
Patrick K. Nails, Secretary
��3f4Y1�
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
bt�4
David M. in a stein, Executive Vice President
1,1ich.-le Tripods, � 1\1n4ar,, Pithlir. rin herebv certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
camp persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Gompany, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth. C0&fl+0WNgALvm cwpxm STLVANIA
N07[JiL
PMS
blt£llEik 1"RIP41L1�, liG2ary* iPUbkk
city of Vh"deihla, phaa, C"ty j
4Michelp di, Notary Public
sion expires 07/31 2021
CERTIFICA I IUN
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January_31
2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect sin lre the
date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein; who
•-d `h- Power of horn„ as Exac�l±;ve Vine Presidant. was on the date of execution of the attached Power of Attorney the duly
cxcCu� u ui �� ---
of the Arch Insurance Company.
elected Executive Vice President
r
IN TESTIMONY WHFREOFo I have hereunto.subscrlbed my name and affixed the corporate seal of the Arch Insurance Company on
this _[jAU_day of &
J
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance — Surety Division
3 Parkway, Suite 1500yv�a�
Philadelphia, PA 19102
u�.wKraruxe
s
��fS99f�
OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
CALIFORNIA ALL-PURPOW ACKNOWLEDGMENT CIVIL CODE § 1189
.rrcecr.cc,�r�:r�,�r . .s:�.�s,�r.ocx,�zc•�ar�ae..c,
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 San Luis Obispo )
On 11. 10 t ok before me, Christina Doherty, Notary Public
Date Hem Insert Name and Title of the Officer
personally appeared Myrna Smith
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personoQ whose nametV islXr*
subscribed to the within instrument and acknowledged to me that *&hOW executed the same in
WherlMf4 Authorized capacitypft and that byA?A4 er/*" signature(sl on the instrument the personN,
or the entity upon behalf of which the person(d) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
Cl-1A1S'rINA I)OHEHTy is true and correct.
Notary Public - Calitorni<, `�i. WITNESS my hand and official seal.
am'a San Luis i)bispo County
5; �, Commission # 2152104 A' i ,
"D
My Comm. E;r, .: Jun 1, 2020 V i
`� E"v��•, _.• 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: _
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
0 Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
��.^�,^�z.*�ci,Yur�c�4r:t.��{.rz�v%t��• �ac�c��%�r
02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item 1i5907