HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - P788 TRAFFIC OPERATIONSORIGINAL
ISSUED IN FOUR ORIGINAL COUNTERPART(S)
COUNTERPART NO.1
ATTACHMENT "3"
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
ECONOLITE CONTROL PRODUCTS, INC.
THE PREMIUM IS PREDICATED ON
THE FINAL CONTRACT PRICE AND
IS SUBJECT TO ADJUSTMENT
Bond No. 104111424
PREMIUM: 8,577.00
(Address) 3360 LA PALMA AVENUE, ANAHEIM CA 92816-0150
(a�x6rxdival�Lrak�(activsbai (a Corporation), hereinafter referred to as the "Principal' and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(Address) 700 N. CENTRAL AVENUE, STH FLOOR, GLENDALE CA 91209-1840
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300
Laporte Ave, Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of FOUR HUNDRED TWENTY-EIGHT THOUSAND EIGHT HUNDRED SEVENTY-
FIVE AND 00/100----------------------- ------------------------
---------- ($ 428,875.00--)In
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the 29TH day of MAY 2003 , a copy of
which is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, PROVIDE FULLY INTEGRATED, USER-FRIENDLY LARGE SCREEN VIDED DISPLAY SYSTEM (CCTV)
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one
of which shall be deemed an original, this 12TH day of DUNE 2003
IN PRESENCE OF:
JJ4 q0 e
.,vj
ottate Seal)
ESENCE OF:
Principal
ECONOLITE CONTROL PRODUCTS, INC.
(Titl
3360 E. LA PALMA AVENUE
ANAHEIM CA 92806
M
M
(Address)
Other Partners
IN PRESENCE OF:
Suretyy ,
TRAVELERS CASUALTY AND SURETY COMPAW"b-- A
By:
70 CENTRAL AVENUE, 8TH FLOOR
GLENDALE CA 91209-1640
(Addresss)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On JLIN 12 2003 before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared JULIA B. LEONARD, ATTORNEY IN FACT
Name(s) of Signer(s)
® personally known to me -OR- ❑ 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.
S. L KYSETH WITNESS hand and official seal.
Commisslon # 1274061 3 %�yr / /f
fI a Non 5 Publc no CauntY C s Z/� ���)� G //
San Berrtordtno County i ��,[( ,
SraPre of t
-- ------ --------------------OPTIONAL----------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Titles(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
BD-1133 09/00
Travelers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your
premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism -related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00) provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
ISSUED IN FOUR ORIGINAL COUNTERPART( Hartford, Connecticut 06183-9062
BOND NO: 104111424
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Julia B. Leonard, Ken Coate, Kenneth A. Coate, Mark N. Gladding, of Riverside,
California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. :my
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -:'act
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: 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.
VOTED: 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.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
e
VOTED: That the signature of each of the IolloWing oIIrcers: President, any Executive vice President, any Senior vice ?as}dent, aW Vioe
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affrxedb} facsimileldd ar y? . power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries p(iitdrnt-i)r FaCtfor
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and arty iieh po eo pl aft or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such ` We, s>, Fxectr y
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future witli s c ,to g� undertaking to which it is attached. y t 4
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President, and their corporate seals to be hereto affixed this 15th day of May, 2000.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
".W." '�Iy ANO GASUq<
�1.0 SUAEIY 'J SL9 p? rr�
•/IHARiFOAD\t W �CONN. ,04
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
/4�WA IN WIN
George W. Thompson
Senior Vice President
On this 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, slid depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY NND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
fM
t,GS My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
oked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
remains in full force and has not been rev
fort}, in t1i(Pertificate of Authority, are now in force.
s r
igr and' Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 12TH day of
i. J,UNE 2003
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HAFrFORD,
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fin,♦'',IA'�'ei�`f'�tl ,`,
By ru-
Kori M. Johanson
Assistant Secretary, Bond