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HomeMy WebLinkAboutSLO BondsPW\DEN001\668876 Bond no. 6354329, 106873087, 82527014 I in011M0112MUM IK17►117 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Luis Obispo (hereinafter referred to as "City") has awarded to PCL Construction, Inc. (hereinafter referred to as "Principal") a contract for construction of the public work of improvement known as the SAN LUIS OBISPO WATER RESOURCE RECOVERY FACILITY PROJECT (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated February 2019 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Principal is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of the Contract Documents. NOW, THEREFORE, we,PCL Construction, Inc. oula^ he undersigned Principal and Travele s"c sualty and surety c moa�y of nc Company, mpa�y, a corporation organized and existing under the laws of the State of IL, NY, cr, IN and authorized to transact surety business under the laws of the State of California, as Surety, are held and firmly bound unto City in the sum of ... gQr fiafen mama, e��lnnwa<edefy-six moasana.n. y -four dollars ana,eveay- ($110,856,024.77) lawful money of the United States of America, the sum being not less than One Hundred Percent (100%) of the total amount of the Contract, for the payment of which sum 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 SUCH, 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 all guarantees of materials and workmanship; and shall indemnify and save harmless City, its officers and agents, as stipulated in the 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 Project, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for the full extent of any guarantee after the acceptance of the work by City, during which time if Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Principal remains. Nothing herein shall limit City's rights or the Principal or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included all costs and reasonable expenses and fees, including reasonable attorney's fees, court costs, expert witness fees and investigation expenses, incurred by City in enforcing such obligation. Whenever Principal shall be, and is declared by City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City's option: 1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or San Luis Obispo Water Resource Performance Bond Recovery Facility Project February 2019 Specification No. 91620 00 61 13.13 - 1 ©Copyright 2019 CH2M HILL PW\DEN001\668876 2. Obta n 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 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 Principal by City under the Contractand any modification thereto, less any amount previously paid by City to the Principal and any other set offs pursuant to the Contract Documents, 3. Permit 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 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 Principal by City under the Contract and any modification thereto, less any amount previously paid by City to the Principal and any other set offs pursuant to the Contract Documents. Surety expressly agrees that 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 Principal in completing the Project nor shall Surety accept a bid from Principal for completion of the Project if City, when declaring the Principal in default, notifies Surety of 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 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 To��ff Co�n�ttrraTctt..including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code. FRj,, d , D'epE prH ang o n aryQpna, iu'p kkga har�f ehra� �am$�y hands and seals this 16th day of July , 2019 rraveiers Casuaav a surety company WAmedee, Federal insurance Company_ PCL Construction, Inc. BY: S BY: PRINCIPA Sign Signature: Printed ame: Sandra M. Winsted Printed Name: Mike Md6nneJ Title: Attorney -in -Fact I Title: President Signatures of those signing for the Principal and Surety must be notarized and evidence of corporate authority attachedI An original Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. The rate of premium on this bond is $5.24 per thousand. The total amount of premium charges, 580,941.00 The above must be filled in by corporate attorney.) Performance Bond San Luis Obispo Water Resource February 2019 Recovery Facility Project ©Copyright 2019 CFf2M F<II,L 00 61 13.13 - 2 Specification No. 91620 PW DEN001\668876 THE FOLLOWING INFORMATION IS MANDATORY Any claims under this bond may be addressed to: Fidelity and Deposit Company of Maryland/Zurich American Insurance Company (Name and Address of Surety) 1299 Zurich Way, Schaumburg, IL 60196 (Name and Address of Agent or Representative for service of process in California, if different from above) Travelers Casualty and Surety Company of America One Tower Square, Bond/5PB, Hartford, CT 06183 Federal Insurance Company 202B Hall's Mill Road, Whitehouse Station, NJ 08889 Keana Wapato, Aon Risk Services, Inc. 707 W Ishire Blvd, Suite 2600, Las Angeles, CA 90017 (Telephone number of Surety and 213-630-3266 Agent or Representative for service of process in California) END OF SECTION San Luis Obispo Water Resource Performance Bond Recovery Facility Projeot February 2019 Specification No. 91620 00 61 13.13 - 3 OCopyright 2019 CH2M HILL CALIFORNIA ALL-PURPOSE 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 Illinois County of Kane On 16`s day of Julv, 2019, before me, K Hannigan, Notary Public, personally appeared Sandra M. Winsted 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OFFICIAL SEAL K HANNIGAN NOTARY PUBLIC, ;STATE OF ILLINOIS MY COMMISSION EXPIRES 10/20120 1 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Sandra M. WRVSTED, Diane M. O'LEARY, Susan A. WELSH, Judith A. LUCKY-EFTIMOV, James B. McTAGGART, Debra J. DOYLE, Sandra M. NOWAK, Jessica B, DEMPSEY and Christina L. SANDOVAL, all of Chicago, Illinois, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vioe-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28m day of January, A.D. 2019. Wei'; =o �i wa tw . l A'p ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E Brown Secretary State of Mary land County of Baltimore On this 28th day of January, A.D. 2019, bofore the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of tha Companies, to me personally known to be the individuals and officers described in and who executad tho preceding hratrumenC, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is [he said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above writt en. �`��s��¢�•ii<y'o Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Travelers Casualty and Surety Company of America TRAVELER5555� Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sandra M. Winsted of Chicago Illinois their true and lawful Attorney -in -Fact 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 theircorporate seals to be hereto affixed, this 3rd day of February, 2017. fill State of Connecticut �C�- By: City of Hartford as. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company, and Sl. Paul Fire and Marine Insurance 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 duty authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 0.7 My Commission expires the 30th day of June, 2021 � O'N'A" P. "yuuxw— r po it Marie C. Tetresult, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resoluti ons 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 fhe 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 orany 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 otherwritings 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 16th day of July , 2018 +•o dl�f rumrom, wmroxo, ' �' psme �, Kevini rant Secretary To verify the authenticity ofthis Power afAttorney, p/ease ca// us at1-800-421-3880. Please refer to the above-named Attorney-in-Factand the detai/s of the bond to which the power is attached. CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a wuconsin corporation, do each hereby constitute and appoint Jessica B. Dempsey, Debra J. Doyle, Derek J. Elston, Jennifer L. Jakaitis, James B. McTaggart. Judith A. Lucky-Eftimov, Ann Mullins, Sandra M. Nowak, Diane M. O'Leary, Christina L, Sandoval, Bartlomiej Siepierski, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M. Winsted of Chicago, Illinois----------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in they names and to affix thev corporate seals to and deliver for and on then behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or alteringthe same, and consentsto the rectification or alteration of any instrument referred to in saldbonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC MDEMN17Y COMPANYhave each executed and attested these presents and affixed theircorporate seals on HAS 14i° day ofAuguat 2018. 0.Wm AI. Chlaltie. Assistant Secretory 4�1� lilt.. STATE OF NEW JERSCY CountyofHunterdon ss' ✓ /�'tf-� � 0.I v lien AL Haney. Vice President • Y: On this 141° day of August, 2018, before me, a Notary Public of New Jersy, personally came Dawn M Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribedby authority ofsaid Companies and in deponent's presence. Notarial Seal qr HATHENNE J.AOEIAAq AOTAgy NOTPRV Pua,2 G685 JEgSEY PUBLIC s 0mRyinn IproFBJuyta,Ynt9 r�Nmery Palk JEP.t CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30,2016: "RESOLVED, that the fodowmgauthorizatons relate in the execution, forand on behalfofthe Company, ofbonds,undermldngr, recognizanox, connaosand otherwrinen enrolments ofthe Company entered into in the ordmmycoursembusiness (eacha "Wdae t Comm unm r'): (1) Each of the Chairman, the President and the Vice Presidents of the Company t hereby authorized mexecute any Written Commimtent far and on behalfofthe Company under the sealofthe Compasimmotherwise. (2) Each duly appointed atmroey-in4att of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, in the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney4n-Pact (3) Each of the Chairman, the President and the Vire Presidents of the Company is hereby authorized, for and on behalf of me Company, in appoint In writing any person the attorney in -fad of the Company with han power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may bespecified in such written appointmentwh ch specification traybeby general type or class of Written Commitments or byspeeihcation of one or more particular Written Commitments. Fo Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, in delegate m wriangto moother officer ofthe Company the authority in execute, for and on behalf of the Company, under the Companys sea] or otherwise, such Written Commitments ofthe Company as are specified in such written delegation, which specification may be by general typeor ciassof Written Commitments or byspeciLadon alone ormore particuiarWritten Commitments. (5) The signature ofmyofRcerorotherpersonexmudvgany Written Commitmentor appointment or delegadon pursuantm this Resoludom mid the seal ofthe Company, may be affixed by facsimile on such Written Commitmentorwriltenappointmentordelegaflon. FORTHERRESOLVED, that the foregoing Resolum n shall not be deemed in be an exclusive statement ofthepowers and authority ofoiBcers, employees and otherpersons to art for and on behalfof the Company, andsuch Resolution shad notlimitorotherwisemost die exercise ofanysuch poweror authorhy otherwise validlygranted arrested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby cerdlythat (t) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in fall force and efibct, (d) the foregoing Power ofAttorney is true, correct and in full force and effect Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this 16th day of July, 2019. &} _ _ 1QfAlxsl—Y Il• N�'� nuc � € Dawn M. Chlorce, Assistant Smock IN THE EVENT YOU wIEH TO VERIFY THE AUTHENTICITY OF TH O BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT telephone 908)9033493 fax(908)903-3656 email: smety@chubb.com FED-VIG-PI (fay. 08-16) PW DEN001\668876 Bond no. 6354329,106873087, 82527014 LABOR AND MATERIALS PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of San Luis Obispo (hereinafter referred to as "City") has awarded to PCL Construction, Inc. , (hereinafter referred to as the "Principal") a contract for construction of t e pu is work of improvement known as the SAN LUIS B O W T R R SOURCE RECOVERY FACILITY PROJECT (hereinafter referred to as 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 February 2019 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the contract described above; providing that if 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 or Franchise Tax Board from the wages of employees of 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. Fidelity and Deposit Company of Maryland, Zurich American Insurence Company, NOW, THEREFORE, we, the Principal andTraralars casualty and savary Company orAmed�aa7OVfWhrdUKWNA vized and existing under the laws of the State of IL, NY, CT, IN and authorized to transact surety business under the one Hundred len million, eight hundred fifty-six thousand, laws of the State of California as Surety, are held and firmly bound unto City in the sum of ,� nl�-r �ranuarr and seventy-sevencents ($110 856,024.77) lawful money of the United States of America, the sum not being less than One Hundred Percent (100%) of the total amount of the Contract, 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 IS SUCH that if 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 Principal and his Subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. 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 the Project, 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 the Project, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions 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 San Luis Obispo Water Resource Payment Bond Recovery Facility Project February 2019 Specification No. 91620 00 61 13.16 - 1 ©Copyright 2019 CH2M HILL PW\DEN001\668876 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 City and original Principal 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. The Surety, for value received, hereby stipulates and agrees. that no change, extension of time, alteration or addition to the terms of the Contract 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 Contract. including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code, Fibs{y���m�Cie�fl�8}4g&1p41�handsandsealsthisl6thdayof S July 2019. Travelers Casualt a d Surety Companv of America. Federal Insurance Cam= PCL Construction, Inc. Si nature: BY: S P CIPA Si nater . Si nature: Printe Name: Sandra M.Winsted Printed Name: Mike McKinney Title: Attorney -in -Fact Title: President Signatures of those signing for the Principal and Surety must be notarized and evidence of corporate authority attached. An original Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. The rate of premium on this bond is 55.24 per thousand. The total amount of premium charges., $ 580.941.00 The above must be filled in by corporate attorney.) TI -IE FOLLOWING INFORMATION IS MANDATORY Any claims under this bond may be addressed to: Fidelityand Deposit Company of Maryland/Zurich American Insurance Company (Name and Address of Surety) 1299 Zurich Way, Schaumburg, IL 60196 Travelers Casualty and Surety Company of America One Tower Square, Bond/5PB; Hartford, CT 06183 (Name and Address of Agent or Representative for service of process in California, if different. from above) (Telephone number of Surety and Agent or Representative for service of process in California) Federal Insurance Company 202B Hall's MIII Road, Whitehouse Station, NJ 08689 Keana Wapato, Aon Risk Services, Inc. 707 Wilshire Blvd, Suite 2600, Los Angeles, CA 90017 213-630-3266 END OF SECTION Payment Bond San Luis Obispo Water Resource February 2019 Recovery Facility Project ©Copyright 2019 CI12M IIILL 00 6131.16 - 2 Specification No. 91620 CALIFORNIA ALL-PURPOSE 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 Illinois County of Kane On 16s' day of July, 2019, before me, K Hannigan, Notary Public, personally appeared Sandra M. Winsted 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OFFICIAL SEAL > NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/23/2021 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Sandra M. WINSTED, Diane M. O'LEARY, Susan A. WELSH, Judith A. LUCKY-EFTIMOV, James B. McTAGGART, Debra J. DOYLE, Sandra M. NOWAK, Jessica B. DEMPSEY and Christina L. SANDOVAL, all of Chicago, Illinois, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as; fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereurrto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28" day of January, A.D. 2019. r ATTEST: ZURICH AMERICAN INSIIRANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President Down E. Brown Secretary State of Maryland County of Baltimore On this 28th day of January, A.D. 2019, before [he subscriber, a Notary Public of the Slate of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, tome personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and he signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WI-IEREOP,1 have hereunto set my hand and affixed my Official Seal the day and yew firs[ above written. ,uurt�n�' Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Travelers Casualty and Surety Company of America �k Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the 'Companies"), and that the Companies do hereby make, constitute and appoint Sandra M. Winsted ofchicago Illlnots their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognlzances, 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 instrumentto be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. rro�� ���•• + '74„yyr4 � -0CrW Sfate of Connecticut City of Hartford ss. Robert L. Raney, Se or vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to ba the Senior Vice President. of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. In Witness Whereof, I hereunto set my hand and official seal. e.7 My Commission expires the 30th day of June, 2021 LW � •tos Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 wrhings 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 arry bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 16th day of July 12019 waswer. µa tl!w[ ,# UUO �unbm,�P7arM�twav eV rM,yt6 Kevi�ss Assistant Secretary To verify the authenticity of this Power ofAtorney, please call us at 1400-411-3880. Please refer to the above-named Attomey-in-Factand the details of the bond to which the power is attached. CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know AI by These Presents, That FEDERAL INSURANCE COMPANY, an Indlana corporation, VIGILANT INSURANCE COMPANY, a New York corporation and PACiPIC IHDRM1ONITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jessica B. Dempsey, Debra J. Doyle, Derek J. Elston, Jennifer L. Jakaitis, James B. McTaggart. Judith A. Lucky-Eftimov, Ann Mullins, Sandra M. Nowak, Diane M. O'Leary, Christina L. Sandoval, Bartlomiej Siepierski, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M. Winsted of Chicago, Illinois------------------------------------------------------------- each as their toe and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on thetrbehalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments amending or alteringthe same, and consentsto the modification or alteration ofany instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANYhave each executed and attested these presents and affixed their corporate seals on this 141h day ofAugusL 2018. '�fA�Jts7--1"tl. Dawn M.Chlons,Assistant5coctary IL iI.1_L STATE OF NEW]ERSEY County of Hunterdon 3S' ✓ 'fir-` RI v Stephen M. I lancyr. Vice President On this 14ih day of August, 2018, before me, a Notary Pubhc of New]ersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M Chloros, being by me duly swam, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows film to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and In depanent's presence. Notarial Seal KATHERINE OF JE OTA=y NOTARY PUBLIC OF NEW JERSEY W PUBLIC s ComansalmnWas;�JNy 16, 2016 Nnary NMIIC JER CERTIFICATION Resolutions adoptedby the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on Augus0 0, 2016: "RESOLVED. that the mflowingauthorizatiens relate in the execution, for and on behalfofthe Company, of bonds, undereaddugs. recngNzances, connotes and other women commitments of the company entered into in the ordinarycoupe uneasiness; (each a "Written Commitment): (1) Each of the Chairman, the President and the Vice Presidents of the Companyishemby subscribed to executeanyWritmn Cmmmkment for and on behalfofthe Company,mxbr the seal of the Company or otherwise. (2) Bach duty appointed attarney-imfact of the Company is hereby authorized to execute my Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authimbect by the giant of powers provided for in such person's written appolniment as such attorney -In fat (3) Each of the Chairman the President and the Vim Presidents of the Company is hereby authorized, for and on behahfofthe Company, to wool tinwriting any person the ahomey- )n-fact of the Company with full )ower and authority to execute, for and on behalrof the Company, trader the seal of the Company or otherwLse,such Written Commitments of the Company as may be specified In such written appointment. which specification maybe by general type or class of Written Commitments or by specification of one or more Particular Written Commitments. (4) Each of the Chairman, the President and the vice Presidents of the Company is hereby authorized, for and on behaififthe Company, m delegate in writing to any other olRcer of the Company the authority in execute, fm and on behalf of the Company, under the Companys seal or otherwise. such Written Commitments ofthe Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by imagination alone or more particular Written Commitments. (5) The signature of my officer or other person executing my Written Commitment or appointment or delegation invariant to this Resolution, and the seal of the Company, may be anted by faasMtle on such Written Commitment or written appolnimentor delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed m be an exclusive satement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not thin or otherwise affect the exercise of any such power or authority otherwise validly granted or vemd." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are Me, correct and in full force and elect, (d) the foregoing Power of Attorney is Me, correct and Infull force and effect. Given under my hand and seals of said Companies at Whitehouse Stati FE6 VIG-PI (rey. DB -18j on, NJ, this 16th day of July, 2019. �t�us�r-1'sl. Ark [orN,L.ef Begin M. Chlolxa.. Assislanl Secreta PITHE EVENT YOU WISH To VBIUFYTHE AU'ffD;NTTCITY OF THIS ROND OR NOTIFY US OFANYOTHERMATTER, PLEASE CONTACI'U6 AT: Telephone (908) 903- 3493 - Fax (908)903-3656 email: sur @rhubb.mm