Project 160 - Bond - Sully-Miller - 1999-03-16 (2) THE AMERICAN INSTITUTE OF ARCHITECTS
..V.V1Attc
PERFORMANCE BOND BOND#• 14-007335
(AIA 311)
Know All Men By These Presents:
THAT SULLY-MILLER CONTRACTING COMPANY as Principal,and
LIBERTY MUTUAL INSURANCE COMPANY as Surety are held and firmly bound
COSTA MESA SANITARY DISTRICT as Obligee,in the sum of
Two-Hundred-Fifty-Seven-Thou nd-Fi -Hundred-Eighty-Ni and 25/100 dollars
( S257,589.25 )Dollars,for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their
heirs,executors,administrators,successors and assigns,jointly and severally firmly by these presents.
WHEREAS,The Principal has entered into a written contract dated 3/11/99 with the Obligee for
FAIRVIEW PARK SEWER,PROJECT NO.1112100-160
in accordance with drawings and specifications prepared by
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW THEREFORE THE CONDITION OF THIS OBLIGATION, is such that,if Contractor shall promptly and faithfully perform said Contract, then
this obligation shall be null and void;otherwise it shall remain in full force and effect.
The surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations
thereunder,the Surety may promptly remedy the default or shall promptly
1.Complete the Contract in accordance with its terms and conditions,or
2.Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest
responsible bidder or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder arrange for a
contract between such bidder and Owner and make available as work progresses(even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance
of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder the amount set forth in
the first paragraph hereof. The term 'balance of the contract price' as used in this paragraph,shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor
Any surf under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due.
No nght of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,
administrators or successors of Owner
Signed and Sealed this 16 day of Ma ch 1999
SULLY-MILLER CONTRA N COMPANY
(Pnncipal) /
/ Ant f -/:
A�jaa
(W'ness) (Title) Mi f'ei''P Vign: Vice lesident
®ibson Assist Sec
- .UTUAL INSURANCE CO ••
(Sur-ty -
`
y n- ac_ .!�- .
PAMELA K.RIFE
WC Record#' 5511
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 22 March 1999 before me,Kathleen L. Flachmeier,Notary Public, personally appeared Mitchell
P Vigna and Gary A. Gibson, XX personally known to me, to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons or entity upon behalf
of which the persons acted, executed the instrument.
Witness my hand and official seal
y@ «1; KAT?LEEd 1.FIACHMEEER
/I E >` COMM. #1125474 n
I,� /O��t .47:601R,��J _ NOTA'?YPUBUG•CAl1FOPoNA
Gitf;NGE COUNTY
K thleen L. Flachmeier Notary Public � ,,, My coma Ecp.Fob.2,toot
ATTENTION: The information requested below is OPTIONAL. Recording of this document is
not required by law and is also optional. It could, however prevent fraudulent attachment of
this certificate to any unauthorized document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW-
Type or Title of Document: Bonds, Costa Mesa Sanitary District
Number of Pages: Date of Document:
Signer(s) Other Than Named Above: Representative of Liberty Mutual Insurance Co.
CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S)
_INDIVIDUALS _INDIVIDUALS
X CORPORATE. OFFICER(S) Vice Pres. X CORPORATE. OFFICER(S)Assist. Secretary
PARTNER(S):_LIMITED GENERAL PARTNER(S):_LIMITED GENERAL
_ATTORNEY IN FACT _ATTORNEY IN FACT
_TRUSTEE(S) _TRUSTEE(S)
_GUARDIAN/CONSERVATOR _GUARDIAN/CONSERVATOR
_OTHER: OTHER:
SIGNER IS REPRESENTING. SIGNER IS REPRESENTING.
Name of Person(s) or Entity(ies): Name of Person(s) or Entity(ies):
Sully-Miller Contracting Company Sully-Miller Contracting Company
SURELY ACKNowLEDGEM^N'
STATE OF NEW Y OR ,
COUNTY OF NEW YORK
ON 3/16/99 BEFORE ME PERSONALLY CAME PAMELA K RIFE TO _WE
KNOWN VIE BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT
HTISEEI RESIDES IN NEW YORK. NY AND THAT P H/SEE IS AN ATTORNEY
THE.
Ey_FACT OF LIBERTY MUTUAL INSURANCE COMPANY
CORPORATION DESCRIBED IN AND WINCH EXECUTED 1'11E WIiPT N
INSTRUMENT TEAT HE/SF KNOWS THE SEAL OF SAID CORPORATION
AND THAT I-stiSFI. SIGNED P S ERR NAME T14,E-ETO B` LIKE ORDER. AND
TEAT TIE SPIT) COMPANY HAS RECEIVED FROM TI-PE SU;ERIN'1'ENDENT OF
L SURANCE OF THE STATE OF NEW YORK. AND SUCH CERTIFICATE HAS
NOT BEEN REVOKM
Nate-i,., . Le_
Dio�43 a.'«a ur Fdsw Yon<
VA,u&
� T � ' ',E:N :k county NOTARY PUBLIC
mon t,xp::ss rapt., 1999
:k** e*k4*,;:a t1/4ae.N:k:k **:;:t“,: =;:k. n:k: ck. ":K# x':k%F: :Y• :k.
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY- OF
ON .fruS DAY OF 19__ BEFORE ME PERSONALLY
CAME ,TO ME KNOWN WHO BEING DULY
SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES MT OF
AND TEAT RE/SIE IS THE
TEE CORPOP TION_DESCRMED IN AND
TICE WHICH EXECUTED THE ABOVE LNSTRUtVEN"T THAT I2E.,'SHE KNOWS THE
SEAL OF THE SAID CORPORATION THAT TI, SEAL A± L ED TO SAID
INS'1RUMENT IS SUCH CORPORATE SEAL, THAT II WAS-50 AFFIXED BY 1'rE
ORDER OF TtHE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT
I-' /SnE SIGNED BIS NAME TI3ERETO BY LLKE ORDER.
NOTARY PUBLIC