Bond - Schuler - 2014-05-08IFIwC
PERFORMANCE BOND
Executed in Duplicate
Bend No.uivean
Premium: N/A
IWOW ALL MIEN BY THESE PRESENTS: That we, the undersigned,
Schuler n
Lc3n=eg COmmfion as principal,
and lnmrmliowLPitlehrylnsmanae Company with its home office at Ono
Newark Center, 20° PImS Navark Now ler6ey 09102, a wrpmatlon organized tend existing
under and by virtue of the laws of Slate of New Foray , and duly authorized to unman
ess
busin In the Swale of Gll6Me zs Seery, are held mtl firmly bound auto
(Anne Mers sinew Daunt (herelnafler reforms] Is as 'Ohham ^)
in the peal sum ofdm thousand me ne,ama aiMrroaev and rise
(§98550.00 ) music for payment of which well and INIy to be made wmingem
upon all of the terms and conditions hereof, we hereby jointly and severally bind omdelvem
am heirs, executors, administration, considers and assigns
RRbml and scaled Pro air day of may2014
ME CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above
need Riwipaldidonthel3thdayof Had 2014, wider into a written contract with the
Obllyme for dim Command, Yard PowStnon suc aeplaommm.
NOW,if the said'ccr
m shall well and Immunity do and purform the things agreed by snmmendm"no t
to be done and performed awaiting W the lends of the said (Trader a agreeing and
widening that this networking shall be for the benefit of the cathode herald only;
Men this obligation shall be void; otherwise the same shall
Poleffect, l force and effect, it being expressly understood and agreed that Me total tliabhity
of political hereunder shall in no even[ exceed the penal amountofthis nbligetian'ex herein germs].
Ancohing heels to the contrary notwithstanding, We Obligee mmms Mal any and all portioning
sued by the Surety under this bond, whd[heno Obligee, to or on behalf of Principal and/or In
findidereduare of Me performance or
mounded in un Surety g or mnagin hereunder a any way
under it a ben not limited to Coe mcwred in wdercakidg or managing the p g to po'unt o any wank
frier or im cmmedieb vas] Me added of are to be s issuance, against the peel runs[ of thebssue
a"suc Obllgm hereby w added of
costa se oudommumad game
San such payments) nano[ any porn cost and Obligee one ®J agrees y the
Smety, may c se try that ill work payments of other performance reached or t t t e kids]
whatsoever at try time that boo peal amount of the bend has buns rthe Sur or that the Bowery
tleur aMe peril nmdfut will re reached dud To obligations vedeo by is Burney (whiter s, not
payment and baud issued iteration; all Sandy any rcdeiremenl he urd rice m Obliges, Truly and
boa[ any and ill banner obligations of Stuery hereunder shall boerenpon be deemed Polly and
unconditionally discharged
If them is no Obligee Default the Ohllgtt having performed all of its obligations under the
Co mar,the Surety's obligationm the Obligee under Nis bond shall some allow:
a) the Obligee has notified the Principal and me Sorg A its address described above
that the Obligee is considering declaring a default and him requested and attempted to
angee conference with pro principal and the Surety to be held not later than fifteen
(15) days after recelpt of such notice to Nscuss methods of performing the Conrad.
If the Obfig se, the principal and the Some, agree, the Prompted shall be allowed a
reasonable time to perform the Contract, but such an agreement shall not waive the
Obligor's right, if arty, subsequemlytn declared default; and
b) no Obligee has declared a defmrl and formally tmrdnoted me Principal's right to
complete the Cropped in accordance with the tttms of the Contract Such default and
nomination shall not be declared earlier Nan twenty (20) days after theTnndpd and
the Surety have remyounorce as provided in sommab apha above; and
of The Mince has agreed to pay the balance of the Contract Price to the Surety in
accordance with the terms of the Counter or to a contractor accord to perform the
Contract in accordance with the terms of the Charnel.
When the Obligee has valistiwl the ronditiom of subparegraphs'a through c of the preceding
sermon, me Smery shall promptly and at the Surety's expose take one ofthe following acliune:
a) Arrange for the Principal, wort common of due Obligee, to perform and complete the
Contract or
b) Undufam to pefham and romplWe the Contract itself, through its agents or through
independentcontractors, or
) Obtain bids or negotiated prnposale from qualified commodity acceptable to IM
obligee for a contact for performance and completion of me Crider ,artmge fora
mntracao be prorated foremunim by the Obligee and the cmnromm reload with
me Obligee's co renter, to be seemed wind performance and payment bonds
acted by a qualified artery equivalent to the bonds Issued on the Constrain, and
pay to the Oblige the completion costs in excess ofthe balance ofthe Contract grace
only; or
d) Waive Its right to perform and complete, arrange for compltlloq or obtain a new
contractor and with reasonable promptness under the eircumstmees.
1. After investigation, determine the amount for which It my be liable to
the Obligee, subject to all of the limimtlarm' as set forth herein and
particularly in subcompact c above, and as soon as practicable after the
amount is determined, render payment therefore to meDormer, or
2. Deny liability in whole or in Imrt and truly the Obligee citing msvons
therefore.
Sandy's liability to Obligee hereunder is limited to me reasonable mss of completion of tie
Commit in excess of the bedroom of Contract Prom, and Suety shall not be liable for any
offer claims, tests, losses o experts¢ ofOblipe or any new party of any whom whatsoever.
Obligee agrees that amounts owed by Obligor to the 09uipal most the Contract shall be used
for me parfimmenu of the Contract and to pay valid claims by commitments, suppliers and/or
ethics providing labor, materiels anNor equipment to in on behalf of me Principal in the
performance of the Contract Be the Principal fumvkng and the Obligee accepting this bond,
they move that all funds named by the Principal In me performance of me Contact are orchestra
to satisfy the obligations of the Principal and SuI meter this bond. The Obligee brother cancer
Nat Surety shall nor be liable to Oblige or ores for obliictimrs of the Principal that are
unrelated m the Cmmad, and the Balance ofthe Craned Irioe shall notes himself on set offer
account of my such mrelares obligations or by any other dims of Obligee or eras.
No miter action shall be hearnmedhereunderby Obligee
1. Aga me reporter of one (1) year following me care on which
Principal "wed wed, on said Contract to Obligee tlmlaretl Principal in
dethnl4 wfimhevtt seems first, it beiue mderamed, however, that If am
limimtim embodied In this bond is prohibited by any law missing g me
compaction hereof sock limitation shall be covered to be amended so as
to be such to NS minimum pains of limlmtion pamitted by such law;
2. Other than In a Marc heart of competent jurisdiction in and for the
county or other political subdivision of me state In which me diameter, or
my pmt thaem, is armed, or In the United States INstrict Conn fix me
District in which the part or my pmt thereof, is simmed, and not
elsewhere.
No right of as on shall atop on this bond to or for the use of my name or corporation other
than the Obligee named herein or me heirs, anemas, lmiNSVUmn or mansions of Me
Obligee.
Definitions:
a) Balance of the Contract Price: TTe total amoral payable by the Obligee to Contmotor
meter the Coronet after all papa adjudges have won made, Including allowance to
Contractor of any amounts received be me Obligee settlement of In amber
claim em damages lu which Me Contractor Is endued, reduced by an valid and proem
payments made m or on behalf of me Communist under the Contract.
Id Contract The agreement between this: Obligor and Oc Cmtraclor identified on me
signature page, including all Contract Documents and changes theme,
c) Principal Defmle Failure of me principal, which NO neither hem mneNed nor waived,
to common or otherwise to comply with me term of the Contract,
by Obligee permit: Failure of the Obligor, which has neither bear remedied nor waived, to
pay the Principal as required by the Common or to perform and complete m comply with
Me other iamelbamf.
Schuler Engineering morenon
A[[eec Principal'. ri er
Pru a d.
President c
International Fidelity lnemance Company
All
B
NNNNNN / / / / / /"''' / / / ///
call ky
nvarn%'-
aaal tacilF
State of Calmmon
Countyof fd UerS'de
on 51i31miq beforeme, L;pnn I. Line i,.z Nom Public nee
personally, aplaRrab Qr �sn ey
mma.Ie 301
who proved to me on the basis of satisfactory
evidence to be Me persci whose names) is/
subsmibed tome wgin instrument and acknowledged
to me that helsh y executed the came in
hiv4rMeir authorized capaciry{las), and Mat by
LINI lAC pz MstherNMr signature(ej on Me instrument the
c LIMI n ¢aosew parson em, or the entity upon behalf of which the
Myy PakkGlXamlr personern acted, executed Me r4stNment.
RiWNwG
Gmm. 'ms bn.NV 1 rarely under PENALTY OF PERJURY under the
Iowa of the State of CalXamia that Me foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature. CZv�j
OPTIONAL
Thresh McMMme bell, I Me Wll so by kue a may pave reload, to trousers ,pyagm the doeorpreer
aM C(i perenl heutlulen moval ane reallaznment of mp m
cm; to anorfer docent.
Description of AtWChetl Documents
Tine or Type or document: ---�per fc, {manse Road
Gooumem Data — 5 3 1 ZcF f N Num her of Pages. 4
Signers) aMr Than Namad Above. LcoOO rd Z'or, I lTS ey
CapecltyQes) Claimed! by Shipments)
Signer's Name. Btw P, saiI Signer's Name.
X Corporate officer — Frele). Pore rdeivt n corporate onlner — Trip
• Ind"dual nlnmmaual
• Penner- p Limited � Samuel iT Partner- Ltimited L General
i l Argmey In Fact TAtli rn Fad
I Trustee TTruelee
I Guardian or Conservator F Grantee or Conaervatm
I I Glher F Other:
Signer IS Representing S-h in lar PIifsp p9 Signer In Pepreaentiing -
ACKNOWLEDGMENT
State of California
County of
On May 8, 2014 before. pap, Kelly A. Vincent, a Notary Public
(insert name add Inle of the officer)
personalty appeared Leonard Ziminsky, Attorney -in -fact
who proved to me on the basis of draft evidence to be the persons) whose names) some
subscribed to the within Instrument and acknowledged to me that belsbetthey executed the same in
brWhoomar a dhorized capacity(ies), and that by hlslhernneir signatures) on the instrument the
pemoned or the entity upon behalf of which the possums) ended, 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. 14ELLY0. VINCENT'
IN COMM. B ]B]BBB]
'g X01MNGE oui
ORAxGE G011N1Y
Signature ' C'eN §call MYWYY�I.NMNNIr
IFIC
PAYMENT BOND
Execvsed In Duplicate
Bood tto.swMas
EmmIson Pbt
KNOW ALL MCNBV THESI ERESENTS: Thor w5 NeunderslgnW,
BcbulvPw Cogwma as Enncipal,
area Ivmmannnal RlJelnv lnsunrom rand With its
home office at One Newark Center, Er, Newark, NOw Jersey 09102, a ooryomtlun
orgaNxJ and existing under and by close of Ne laws of State of New Jersey, and duly
authorized m transact business in the State of Tehran as Surety, are held and firmly bound
unto COne Man, 9edwy Do mm (hernneRar referred to as "Outlets
In the penal sum of ramtmoa.eei.a xwew FlOypolmn asonoo.
g(40550,00 ) dollars, for Seymour of whichwell and truly to he mode vomingent
upon all of the terms and conditions hereof, we bcreby jointly and severally bind ourselves, our
heirs, memories, administrators, successors and masigns.
SIGNED said added this std day of May 2014
TPE CONDITION OF THE ABOVE OBLIGATION IS SUCH TPA r, WHEREAS, Me above
named Principal did on the Eff day of May 2014 enter Into a wntlm carriers with
Me Obligee for #201 Comaritill vand Pomp Socha Vrpe mannuuent
(bemhmfter "the Corgamm').
NOW, if the said Suit,loy Site... Comoadon shall lay all valid and adequately accumulated
claims aasened by Claimants as dunned hands, we agreeing and emerging that this undertaking
Met] re W the caught ill t rc sued eft m; it then Mid
cal obligation shall be cold; reed that the same
shall remain in N11 !here end effeq; It no event the and agreed chat the total
herein of the Surety hereunder shall in no went weed the penal amhuns of this obligation as
herein 9etrA
Anything M1pG" to the c ndswry nntwillutending, the Obliged agrees that any and all payments
issued by the Surety under this band, ate to be credited against The pedal amount of We board
No suit or action shall be commenced hereunder by any Claimant -
a) Ilolem Gddrtwd, other Man one having a direct contract with the Principe], shall
have given written node¢ to all of the following: The Principal, the Obligee, and the
smery above named, within ninety (90) days after such Claimant did m performed
the work or labor, or Hurricanes the materials for which said claim Is made, assuming
with sobstamial mousey the amount claimed and the name of me patty to whom the
de aids were hoommed, or for whom die work or labor waz done or prrfmmed.
Such notice shall be served by marling the same by registered mail or deNned mall,
postage prepaid, In m envelope addressed to the Principal, Obligee or Surety, as the
core may be, at may place where an otFa Is regWmly maintntned for the t2ntaetion
of business, or served in any manner in which legal process may be served In We
state in which the of aid project is located, save that such services need nor be
merely a public officer,
b) After the explosion of one (1) year following the dale upon which the Claimant last
performed work or sumisbed materials under said contact, it being understood,
hmvever, that if any limitation embodied in this bond Is prohibited by any law
cmmoging the combustion hereof such IlmHadon slwll be deemed to be amcndW so
as to be equal to the mfrdmum period of limitation perturbed by such law;
c) other than In a cote audit of competent jurisdiction in and for the county or other
political subdivision of the elate in which the project, or any pan thereof is nmarcd,
or In the United Srates Dissubd Court or the District in which the project, or any poor
therwd is situated, and dm elsewhere
Definitions
a) Contract The aganvingrot between the obligee and the Contractor Identified on the
immune page, including all Contract Pneumonia and changes thereto.
b) Claimant An Individual or entity loving a direct contract with the Principal or wild a
subconnacmr of the Principal to furnish lalroq materials or equipment for me directly m
the perfmmww of the Conrad.
c) Labor: Net wages only duo and owing for work directly in the performance of the
Contract, and shall not be deemed to include upon dues, fringe benefit or milm
any
form
contributions, employee withholding taxes (or orry n@tt taxes), boluses, or airy other
form orcnmpen honor rtmunaation whabueva'.
Sotul Fn pa on
Arbil Principal:
Bruce A. Schuler
President
International Fidelity (Insurance Company
Attest By U //�a(Y- _
tuoo mzuou,.q, Atom y- heridd
(Seal)
State of Golden
County of n,ve) -o 1
hon 5t31?o14 natue me, C IL
»., r.mrin. dam.,
personally appeared fro - R SchA,10
who prover to me on the basis of satisfactory
evidence to be me personlp) whose r amead is6Me
subscdned tomewimin instrument and hrowledged
to me that h IsAwfWy executed the same in
1ophatu eam affia ed capacMy(ksJ, and that by
histbernxetr signawre{aj on the instrument the
pergenhod, or the entry µtun behalf of which the
LISA t LµYp 2 cersonma acted, executed the instrument
cwnmiuon rcaosea.
j xw ad i p rry, _ 1 cediN urMer PENALTY OF PERJURY Under The
Plwugr lcou lave of the State of G3lifemla that the foregoing
M Gommfm4¢irE Piit%I
paragraph is true and comae(.
WITNESS my hand and official seal.
Signature: �imb o) o7uc%ta�
OPTIONAL
IMU9n M. mrwnwrhm Cebwkrol/MUhetl Lr mW LmeyWnve✓eWebm meernnxreMn9m eve procr f
Ave �PMWt em$var sle w1m,v wn or w$rwm on acmes,eRema„L
Description of Attached Document 1
Tina or Typo of Document N nIL Q3J d
D«oment Date: 51812014 Numbermtrages: 2
Signerce) Either Than Named Above'--l=I1PT
Cap eoity(iaat Clelmad by Signer(s)
igner'o Name: Rtoi R `lcilUl¢! _ Signer's Name: _
�Cour to Officer — Tmala): Fiwfm ant. T corporate officer — "Alal:
T
Individual Ilnaiviauai
Oscar — J Limited T Laurent TPenner — L Limited U General
rl Attorney in Four i I Atbmey in Fad
rl Trusts$ I ITrustee
* Gu$rtlien or Conservator I I Guardian or Conservator
T Other L Other:
Signers ReprwArri uter eey' signer Is Refereeing: —_
arm o +on
ACKNOWLEDGMENT
State of California
County of
On May 8, 2014 hefare me, Kelly A. Vincent, a Notary Public
(insect name and title of the officer)
personally appeared Leonard Ziminsky, Attorney -in -fact
who proved to me on the basis of satisfactory evidence to be the persons) whose retorts) lease
subscribed to the within instrument and acknowledged to me that helshelthey executed the same In
hisehentheir authorized barreciry(ies), and that by Inwherdheir signatures) on the Instrument the
presents), or the entity upon behalf of which the persons) added, executed the instrument.
I cedify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph Is true and cerred,
WITNESS my hand and official seal.
Tn I973)624720U POWER OF ATTORNEY
INTERNATIONAL. FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY WIDE 5207
KNOW the ScaleianBNew loo W PRESENTS '. ALLEGHENY CASUALTY COMPANY COMPANYAme...ran o,a... o a ad elaM holder then IOf the 511e off'
�ennra, Having their ptlnrlpal arms in the Ciry of Nsi New Jones do and appoint
yly nl I B In Nwhy miaNUimn
SCOTT SALANDL DAVID JACOBSON. LEONARD 21MINSKT
none , CA.
and least elf ... wAeH -Nor to .... ud, and atlMr Or add enlgbehalf as cumb.l y and all boMM1a and Maddell lialmse Of MdWnaY
sobtge ryrym In naturmn l whad,a r bealkwetl. o l or�mlft" leT.. N,me,
for me, N V omen net auol ,Swmmrle of IRezpp p e, M1aN ape as binding em tire Sad INN°1ERJ MIT DELIiY YNSURN Ct
aknWwflAmeep by Ler9�y;X elccted NIatPNlt pi hM� °mplN II In and purposes as If had duly tl and
COMPANY a°,e uiEuiiENY" CASSU- TY TTCd' MEEan" r'° a`"na6e'm.eeme°r°ena°Kya"udw7iy or than w°In"' °manl'ek,rAp1°mNbAVI'. nee Bolard or DreftE
AT I TE N TIO N FI of a m.NNry RA fieldoONel SN day o%ArrgsadhlA00:a on Me 24M day Or Hold 20191 and by the 6mrtl o(Omil N ALLEGHENY
"RE60Le EO Net ry) M1 'ePrrtldenl Vraea Proadml 6ado IT of Me Corp nlatlon aTall paQa Ne eppolnl,ana to woke Me eppolnMmNOt, 'reary Affiand f d, co P Ima 1a re m r C N p« e f°°" and ta?, rar c afem OR
anm eneam afzl X Iwomoahm c pore. �p a ekn li°1p&.IC "bl I. tl 1 .F.7 vm of me
"a the
6mEr'aWnaI mpreas .arc f maaw„7pow 11�mmaeYam'8°�""'°'urnnslo u°a kna'
'°�`�mfea �oNePnEdr° o�" am�aw�l &u°oe °wma4nM.°.;; "aemo.en"°'t ela'I�'"a'�rcao�•ndbdme:,fne a glnn.«°lmaN; co,p rm��o b..a11
mand aM1. D ESS WsEREEOF.a NTERM tlATIONALCFIDELITY INSURANCE COMPANY antl ALLEGHENY CASUALTY COMPANY bareaach ekaculaf sad
ISUK7 STATE OF NEW JERSEY
\�qM�� Y count 0 Evans
ARE 1936
sw
GEERrw MINSTER Ma
M .E «°pTranvPx , p�ierreruib aLFlaanuai : Cahl°:GBorating am
d meald"t TAT'gheny Casualty Comir of On South a2M011cbMed and a Oth,,zW Me& d wine
INTERNAITIONAL FIB LITY °INSURANCEe�MP�lly hand ALLEGHENY CASUALTY
°cO M1b b the Na d® r
COMPANY Nn the emte l to ealtl reWmml are to Wd®te Was of said ACmPonle°I Mn the and Corporate
tlulyaMxed A mrs, of Me SmM° of Emwerc 01 CmmpaNea. erW Seals and b: algndWre wer4
IN TESTIMONY ofHewerHEN Randy to day aniY al°matdiM dmn Mndalsml.
eCP4H0 A' %,
_ � 1
aP,3 . "/ C✓. +'A/ A N07ARY PUBLIC OF NEW JERSEY
iA'I,- B.E 'gyp t My Oot°mkaiOn Offers Mar. 27.2014
N .0, CERTIFlCATION
euntana laMAr o Nl ERNATIONN FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY rb ac tartly dear l has°
Nekrepdn9 copy the Power Amme, and affidavit and the body of To SecWm o Me Oylewe BASE CaM pa ral Centel In said
Powem1AIMmes, wltr N.widiuma on fiie in M°bomanlnOe Ofealtlrompall an Nat N°mm.am cal iranol thereof area n He whole
of me said adamau, area tint mayam Powa ofAtlont has not dam re osent Is risen M foraea°O/ee t
IN TESTIMONY WHEREOF. t have M1erennta wt my had the day of '-� 'I,v-, sf.Gl�
MARIA Bw We AsIlle6edi
an