Project 161 - Bond - Atlas-Allied - 2002-05-24 Bond No. 08627060 _
Premium. $1,323.00
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
Any singular reference to Contractor, Surety Owner or other party shall be considered plural
where applicable. Reference to Owner shall be considered to include additional insured as
named below
CONTRACTOR(Name, Address and Phone Number):
ATLAS-ALLIED, INC.
1210 N Las Brisas
Anaheim, CA 92806
(714)630-3633
SURETY (Name, Principal Place of Business, and Phone Number):
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
225 S. Lake Ave. Ste. 700
Pasadena, CA 91101
(626)792 2311
OBLIGEE (Name and Address): ADDITIONALLY INSURED (Name and address):
COSTA MESA SANPTARY DISTRICT
77 Fair Drive
Costa Mesa, CA 92626-6520
CONSTRUCTION CONTRACT
Project Description (Name and Location): Project No. 161
Water Services for Sewer Pump Stations
Date: May 9, 2002 Amount: $79,900.00
BOND
Date (Not earlier than Construction Contract Date): May 24, 2002
Amount: Seventy-nine Thousand Nine Hundred and 00/100
($79,900.00)
1
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Seal) Company. (Corp. Seal)
ATLAS-ALLIED, INC. Fidelity and Deposit Company of Maryland
Q f . T if ' c�
Signature: (AM `y,�( LUCI.1 Signature:
Name: Eva Siciliani Name: J.WIIJOHNSON
Title: Secretary/Treasurer Title: ATTORNEY-IN-FACT
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Seal) Company (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
1 The Contractor and the Surety jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to the Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall
have no obligation under this Bond, except to participate in conference as provided in
Subparagraph 3 1 and as otherwise required herein for the warranty period.
3 If there is no Owner Default, the Surety s obligation under this Bond shall arise after.
3 1 The Owner has notified the Contractor and the Surety at its address described in
Paragraph 10 below that the Owner is considering declaring a Contractor Default and
has requested and attempted to arrange a conference with the Contractor and the Surety
to be held not later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and the Surety
agree, the Contractor shall be allowed a reasonable time to perform the Construction
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss.
County of Orange }
On May 24, 2002 , before me, Brad L. Settqast, Notary Public
Date Name nd Title of Offic (e g `Ja Doe Notary Public")
Personally appeared J.W.Johnson
Z personally known to me
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
BRAD L. SETTGAST £ acknowledged to me that he/she executed
- - COMM# 1253598 D the same In his/her/their. authorized
W Jy NOTARYPUBLIC-CALIFORNIA capacity(ies), and that by his/her/their
< 7`cy: .% ORANGE COUNTY signature(s) on the instrument the person(s),
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person(s)acted, executed the instrument.
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OPTIONAL
Though the nformation be/ow is not required by law,it ay prove valuable to persons relying the document
and could prevent fraudulent removal and reattachment of thi form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT
Individual '` OF SIGNER
111 -
❑ Corporate Officer—Title(s):
❑ Partner DLimited DGeneral
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservatdr
❑ Other
Signer is Representing:
01997 Nauo al Notary Assoaalo 9350 De olo Ay P O Bo 2402 Chatsworth,CA 91313.2402
Contract, but such an agreement shall not waive the Owner's right, if any subsequently
to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's
right to complete the contract. Such Contractor Default shall not be declared earlier
than twenty days after the Contractor and the Surety have received notice as provided
in Subparagraph 3.2; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in
accordance with the terms of the Construction Contract or to a contractor'selected to
perform the Construction Contract in accordance with the terms of the contract with the
Owner
4 When the Owner has satisfied the conditions of Paragraph 3 the Surety shall pro ptly and at
the Surety s expense take one of the following actions:
4 1 Arrange for the Contractor, with consent of the Owner, to perform and complete the
Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents
or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner
for a contract for performance and completion of the Construction Contract, arrange for
a contract to be prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and payment bonds executed
by a qualified surety equivalent to the bonds issued on the Construction Contract, and
pay to the Owner the amount of damages as described in Paragraph 6 in excess of the
Balance of the Contract Price incurred by the Owner resulting from the Contractor s
default; or
4 4 Waive its right to perform and complete, arrange for completion, or obtain a new
contractor and with reasonable promptness under the circumstances:
a. After investigation, determine the amount for which it may be liable to the Owner
and, as soon as practicable after the amount is determined, tender payment
therefor to the Owner or
b. Deny liability in whole or in part and notify the Owner citing reasons therefor
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the
Surety shall be deemed to be in default on this Bond fifteen days after receipt of ail additional
written notice from the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce any remedy available
to the Owner If the Surety proceeds a provided in Subparagraph 4 4 and the Owner refuses
3
the payment tendered or the Surety has denied liability in whole or in part, without further
notice the Owner shall be entitled to enforce any remedy available to the Owner
6. After the Owner has terminated the Contractor's right to complete Construction Contract, and
if the Surety elects to act under Subparagraph 4 1, 4.2, or 4.3 above, then the responsibilities
of the Surety to the Owner shall not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater
than those of the Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to commitment by the Owner of the Balance of the Contract Price to
mitigation of costs and damages on the Construction Contract, the Surety is obligated without
duplication for
6.1 The responsibilities of the Contractor for correction of defective work and completion
of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting from the Contractor s
Default, and resulting from the actions or failure to act of the Surety under Paragraph 4
and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction
Contract, actual damages caused by delayed performance or non-performance of the
Contractor
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are
unrelated to the Construction Contract, and the Balance of the Contract Price shall not be
reduced or off set on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than the Owner or its heirs,' executors,
administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of
competent jurisdiction in the location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default or within two year after the
Contractor ceased working or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this paragraph are
void or prohibited by law the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address
shown on the signature page.
4
11 When this Bond has been furnished to comply with a statutory or other legal requirement in
the location where the construction was to be performed, any provision in the Bond
conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor
under the Construction Contract after all proper adjustments have been made, including
allowance to the Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or on behalf of the Contractor under
the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified
on the signature page, including all Contract Documents and changes thereto.
12.3 Contractor Default. Failure of the Contractor, which has neither been remedied nor
waived, to perform and complete or comply with the other terms thereof.
12.4 Owner Default: Failure of the Owner which has neither been remedied norl waived, to
pay the Contractor as required by the Construction Contract or to perform and complete
or comply with the other terms thereof.
5
Bond No. 08627060 _
Premium: Included in Performance
Bond Premium
CONTRACTOR'S PAYMENT BOND
Any singular reference to Contractor, Surety Owner or other party shall be considered plural
where applicable. Reference to Owner shall be considered to include additional insured as
named below
CONTRACTOR (Name, Address and Phone Number):
ATLAS-ALLIED. INC.
1210 N Las Brisas
Anaheim, CA 92806
(714)630-3633
SURETY (Name, Principal Place of Business, and Phone Number):
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
225 S. Lake Ave. Ste. 700
Pasadena. CA 91101
(626)792 2311
OBLIGEE (Name and Address): ADDITIONALLY INSURED (Name and address):
COSTA MESA SANITARY DISTRICT
77 Fair Drive
Costa Mesa, CA 92626-6520
CONSTRUCTION CONTRACT
Project Description (Name and Location): Project No. 161
Water Services for Sewer Pump Stations
Date: May 9, 2002 Amount: $79,900.00
BOND
Date (Not earlier than Construction Contract Date) May 24, 2002
Amount: Seventy-nine Thousand Nine Hundred and 00/100
($79,900.00)
1
CONTRACTOR AS PRINCIPAL SURETY
Company. (Corp. Seal) Company (Corp. Seal)
ATLAS-ALLIED, INC. Fidelity and Deposit Company of Maryland
I
J S
eLr�Signature: 9jt Signature: I4
Name: Eva Siciliani Name: J.W JOHNSON
Title: Secretary/Treasurer Title: ATTQRNEj-IN-FACT
CONTRACTOR AS PRINCIPAL SURETY
Company. (Corp. Seal) Company- (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
1 The Contractor and the Surety jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to the Owner to pay for labor, materials and equipment
furnished for use in the performance of the Construction Contract, which is incorporated
herein by reference. The period of this obligation shall extend a maximum of six months
after recordation of the Notice of Completion.
2. With respect to the Owner, this obligation shall be null and void if the Contractor
2.1 Promptly makes payment, directly or indirectly for all sums due Claimants, and
2.2 Defends. indemnifies and holds harmless the Owner from all claims, demands, liens or
suits by any person or entity who furnished labor, materials or equipment for use in the
performance of the Construction Contract, provided the Owner has promptly notified the
Contractorand the Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands, liens, or suits to
the Contractor and the Surety provided there is no Owner Default.
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of Orange
On May 24, 2002 , before me, Brad L. Settgast, Notary Public
Date Name nb Title of Of(c r(e g "Ja Doe Notary Publi .)
Personally appeared J.W.Johnson
® personally known to me
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
•*440•1 acknowledged to me that he/she executed
$" BRAD L.SETTGAST D the same in his/her/their authorized
i a' COMM 0 1253598 m capacity(ies), and that by I his/her/their
W
NOTARY PUOLIC-CALIFCiiNIA
ORANGE COUNTY signature(s)on the instrument the person(s),
s
MyCbmmissmn Expires Feb.14,2004 or the entity upon behalf of which the
person(s)acted, executed the instrument.
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Pla Notary Seal Abo . �
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OPTIONAL
Though the nformatto below 1 at equ red by law,it may prove valuable to pe elymg or the document
and could prevent fraudulent removal and reattachment of this form to another do neat
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT THUMBPRINT
Signers Name: OF SIGNER }'.
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ['Limited ['General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing:
01997 Natio at Notary As atm 9350 De oto Av P 0 Bo 2402 Chatsworth,CA 91313-2402
3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly
makes payment, directly or indirectly for all sums due.
4 The Surety shall have no obligation to Claimants under this Bond until.
4 1 Claimants who are employed by or have a direct contract with the Contractor have
given notice to the Surety (at the address described in Paragraph 12) and sent a copy or
notice thereof, to the Owner, stating that a claim is being made under this Bond and
with substantial accuracy the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor
a. Have furnished written notice to the Contractor and sent a copy or notice thereof, to
the Owner, within 90 days after having last performed labor or last furnished
materials or equipment included in the claim stating, with substantial accuracy the
amount of the claim and the name of the party to whom the materials were
furnished or supplied or for whom the labor was done or performed, and
b Have either received a rejection in whole or in part from the Contractor, or not
received within 30 days of furnishing the above notice any communication from the
Contractor by which the Contractor has indicated the claim will be paid directly or
indirectly• and
c. Not having been paid within the above 30 days, have sent a written notice to the
Surety (at the address described in Paragraph 12) and sent a copy or notice thereof,
to the Owner, stating that a claim is being made under this bond and enclosing a
copy of the previous written notice furnished to the Contractor
5 If a notice required by Paragraph 4 is given by the Owner, to the Contractor or to the Surety
that is sufficient compliance.
6. When the claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and
at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt
of the claim, stating the amounts that are undisputed and the basis for challenging any
amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
3
7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this
Bond shall be credited for any payments made in good faith by the Surety
8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used
for the performance of the Construction Contract and to satisfy claims, if any under any
Construction Performance Bond. By the Contractor furnishing and the Owner adcepting this
Bond, they agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owners priority to use the funds for the completion of the
work.
9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the
Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall have under this
Bond no obligations to make payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this bond.
10. The Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of
competent jurisdiction in the location in which the work or part of the work is located or after
the expiration of one year from the date (1) on which the Claimant gave the notice required
by Subparagraph 4 1 or clause 4.2 (iii), or (2) on which the last labor or service was
performed by any one of the last materials or equipment were furnished by any one under the
Construction Contract, whichever of (10 or (2) first occurs. If the provisions of this
Paragraph are void or prohibited by law the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address
shown on the signature page. Actual receipt of notice by Surety the Owner or the
Contractor, however accomplished, shall be sufficient compliance as of the date received at
the address shown on the signature page.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in
the location where the construction was to be performed, any provision in the Bond
conflicting with said statutory or legal requirement shall be deemed deleted hefefrom and
provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the
Contractor shall promptly furnish a copy of this bond or shall permit a copy to be made.
4
15 Definitions.
15 1 Claimant: An individual or entity having a direct contract with the Contractor or with a
subcontractor of the Contractor to furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this bond shall be to include without
limitation in the terms labor, materials, or equipment' that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work
of the Contractor and the Contractor s subcontractors, and all other items for which a
mechanic s lien may be asserted in the jurisdiction where the labor materials or
equipment were furnished.
15.2 Construction Contract: The agreement between the Owner and the Contractor identified
on the signature page, including all Contract Documents and changes thereto!
15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to
pay the Contractor as required by the Construction Contract or to perform and complete
or comply with the other terms thereof
5
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227 BALTIMORE, MD 21 20 3-1 227
Know ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W B. WALBRECHE ice-Preside• and T E. SMITH, Assistant Secretary
in pursuance of authority granted by Article VI, Section 2, of -Laws • q� Company which are set forth on the
reverse side hereof and are hereby certified to be in full ,rd effe `•. e date hereof, does hereby nominate,
constitute and appoint J. W Johnson, of Fullerton, Cali : .�, its true . z •:wful agent and Attorney-in-Fact, to make,
execute, seal and deliver, for, and on its behalf as suretC 4 op as its a cf deed: any and all bonds and undertakings
and the execution of such bonds or undertakings in p e of the - .ents,shall be as binding upon said Company as
fully and amply to all intents and purposes, as if s• been d -cuted and acknowledged by the regularly elected
officers of the Company at its office in Baltimor a in theik.,9%proper persons. This power of attorney revokes that
issued on behalf of J. W Johnson, dated Janu•et 998. C
The said Assistant Secretary does hereb� 1 that thact set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By-Laws of o d •mpany, .4%; now in force.
IN WITNESS WHEREOF the sai Ste�S�`-'PresidentcAssistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the si flDELIT D DEPOSIT COMPANY OF MARYLAND, this 19th day of
November, A.D. 1999 `O
Al tEsT FIDELITY FIDELITY AND 0 •SIT COMPANY OF MARYLAND
-7 I Nif. athazAtc__---
By
T E. Smith Assistant Secretary W B. Walbrecher Vice-President
State of Maryland } Ss,
County of Baltimore
On this 19th day of November, A.D 1999 before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W B. Walbrecher, Vice-President and T E. Smith, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
S__«�
Carol J Fa r Notary Public
My Commissi Expires: August 1,2000
L 1428-012-4152
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages, .and to affix the seal of the Company thereto.
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby
certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is in full force and effect
on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was
one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as
provided in Article VI, Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and
held on the 10th day of May 1990.
RESOLVED' `That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary or Assistant Secretary of the Company whether made heretofore
or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and
binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said
Company this
24TH day of MAY 2002
rz/X >14111-tc42
Assistant Secretary