Loading...
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