Bond - Cedro Construction - 1999-12-06 THE AMERICAN INSTITUTE OF ARCHITECTS
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401 Document A312
Payment Bond
111V ssngular reference to Contractor Surene Owner or ashes party shall be considered plural where applicable.
C ON1 RACTOR (Name and Address) SURETY (Name and Principal Place of Business)
Andrew Cedro Construction Gulf Insurance Company
P 0 Box 341 40 Baseline Road Suite #102
Norwalk CA 90651 Tempe AZ 85283
OWNER (Name and Address)
Costa Mesa Sanitary District
77 Fair Drive
Costa Mesa CA 92626
ONSTRUCTION CONTRACT
-)ate November 10 1999
mount $89,766 00
Der -npsion (Name and location) Costa Mesa Sanitary District - Fairview Road Sewer
Project No 1112100-151
rl)ND
Date (Not earlier than Lonstruction Contract pate) December 6 1999
3\mount Eighty Nine Thousand Seven Hundred Sixty Six and No/100 Dollars($89 766 00)
'1odilit attons to this Bond Qt] None ❑ See Page 6
rONTRACTOR AS PRINCIPAL SURETY
C ,mpanv (Corporate Seal) Company- (Corporate Seal)
Andrew Cedro Con tructio Gulf Insuranc• ompany
Signature Signature / 4/11 _,LOS
Name and lit Name and Title: Randy .poh Attorney-In-Fact
Any additional signatures appear on page b)
rOR INFORMATION ONLY—Name Address and Telephone)
\CCNT or BROKER OWNER'S REPRESENTATIVE (Architect, Engineer or
R S Bonding 5 Insurance Agency Inc other party)
1633 East Fourth Street Suite 228
Santa Ana CA 92701
AlA watt/Mon A312 etKroRMANct tlomU ANO PAYMENT BONO OECtMBEK 19M (U. AIA ® '�.' 4
flit AMIRICAN IN$TITIJTE Or ARCIIITECTS. ITn NEW YORK AVE N W WASHINGTON O.C. :c
1111(1)YKMIIN(. MAKCII 1967
1 The Lontractor and the Surety iomtty ana severally 6 When the Claimant has satisned the conditions or
amd themselves their heirs. executors. aommistrators. Paragraph 4 the 'urety shall oromotiv and at the
,uccessors ana assigns to the Owner to oav ror labor Surety s expense take the following actions:
materials and equipment turnishedior use in the oerror- 6.1 Send an answer to the Claimant, with a copy or the Construction Contract. which is incorpo-
py to
rated herein by reference. the Owner within 45 days alter receipt or the claim,
stating the amounts that are undisoutea and the basis
2 Wlth respect to the Owner this obligation shall be for challenging any amounts that are disputed.
null ana void if the Contractor 6.2 Pay or arrange ror payment of any undisputed
2 1 Promptly makes payment. directly or indirectly amounts
ror all sums due Claimants, and
The Surety s total obligation shall not exceed the
2.2 Defends. indemnifies and holds harmless the amount or this Bona. and the amount of this Bond shall be
Dwner from claims. demands, hens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, dnnano. lien or suit is
or the payment for labor materials or equipment rur- 8 Amounts owed by the Owner to the Contractor under
rushed for use in the performanceor the Construction the Construction Contract shall be used for the perfor-
Contract. provided the Owner nac promptly notifiea mance of the Construction Contract and to satisfy claims,
he Contractor and the Surety tat the address if any under any Construction Performance Bond. By
described in Paragraph 12) or any claims demands the Contractor furnishing and the Owner accepting this
lens or suits and tendered defense or such claims. Bond, they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
'urety and provided there is =Owner Default dedicated to satisfy onligations or the Contractor and
he Surety under this Bona. subject to the Owners prior-
) Vitn respect to Claimants, this obligation snail be icy to use the funds ror the completion or the work.
cud ana void if the Contractor promptly makes pay-
ment c;rectly or indirectly for ail sums due 9 The Surety shall not be liable to the Owner Claimants
4 The Surety shall have no oislisat+on to Claimants or others ror obligations or the Contractor that are unrelat-
under this Bond until. ell to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
41 Claimants who are employed/by or have a direct ant under this Bond,and shall have under this Bond no obli-
contract with the Contractor hatrrgiven notice to the gatrons to make payments to, give notices on behalf of-or
Surety(at the address describedmfaragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy or notice thereon to The Owner stating
that a claim is being made undrr'this Bond and, with 10 The Surety hereby waives notice of any change,
substantial accuracy the amount lot the claim. including changes or time, to the Construction Contract
4.2 Claimants who do not her a direct contract or to related subcontracts, purchase orders and other
with the Contractor obligations.
1 Have furnished written•wtice to the Con- 11 No suit or action shall be commenced bya Claimant
tractor and sent a copy,err notice thereon, to under this Bond other than in a court of competent juris-
the Owner within 90 dais after having last diction in the location in which the work or part of the
performed labor or lasttitanished materials or work is located or arter the expiration of one year from the
equipment included int a claim stating, with date(1)on which the Claimant gave the notice required by
substantial accuracy theamount of the claim Subparagraph 41 or Clause 4 2 3, or (2) on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate-
materials were furnished or supplied or for hats or equipment were famished by anyone under the Con-
whom the labor was done or performed; and struction Contract.whichever of(1)or(2)first occurs. If the
.2 Have either received afre{ecpon in whol provisions of this Paragraph are void or prohibited by law
in part from the Contractor or not received or the minimum period of limitation available to sureties as a
within 30 days of furnishing the above no-
tice in the jurisdiction of the suit shall be applicable.
tice any communication from the Contractor
by which the Contractor has indicated the 12Notice to the Surety the Owner or the Contractor
claim will be paid directly or indirectly and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety the
.3 Not having been paid within the above 30 Owner or the Contractor however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12)and address shown on the signature page.
sent a copy or notice thereof, to the Owner
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted hererrom and provisions corn
Owner to the Contractor or to the Surety that is suffi- forming to such statutory or other legal requirement shall
cent compliance- be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1934 f AIA•'
�. ,..
TAMIL F 01
Bt nd shall he construed as a statuton bona and not as a Construction Contract architectural and engineering
common law bond. services required for pertormance of the work of the
Contractor and the Contractor s subcontractors, and
14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be
Irtllenual beneficiary of this Bond, the Contractor snail asserted in the jurisdiction where the labor materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished
to be made
15 UktIN1110NS 15.2 Construction Contract:The agreement between
the Owner and the Contractor identified on the sig-
I5.1 Claimant An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor or changes thereto.
the contractor to furnish labor materials or equip- 15.3 Owner Default Failure of the Owner which has
mein for use in the performance of the Contract. the neither been remedied nor waived, to pay the Con-
intent or this Bond shall he to include without hmlta- tractor as required by the Construction Contract or to
no the terms 'labor materials or equipment' that perform and complete or comply with the other terms
part of water gas, power light, heat, oil, gasoline thereof
telephone service or rental equipment used in the
.MODIPICAIION% TO THIS BOND API AS FOLLOWS
..pac pmt Jed below fur additional sigi atom 11 added yarn other than those appearing on the cover page.)
(ONTRAC.IOR AS PRINCIPAL ,URETY
( aehpain. (Corporate Seal) company (Corporate Seal)
Si gnat re Signature-
Name id Title Name and Title'
Andre» Address
Al OUCUMIM A)12 P(RfC/IRAANCI BUNT)AND YAYMENI BOND DECEMBER 1904 ED AIA d
THE AMERICAN INti ittfl[ U/ ARCIIITICTS. '1735 NEW YORK AYt N W WASHINGTON, D.C. .10006 A312.1%4 6
AIRD YRIN I INC MARCH 1987
Tf1THl_ F uh
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On December 6 1999 before me, _ Zara S Spohn Notary Public
DATE NAME,TITLE Of OFFICER E e 'JANE DOE,NOTARY PUBLIC
personally appeared Randy Spohn ,
NAME'S,Of SIONER(S)
❑ personally known to me - OR El 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 ac
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies) and that by his/her/their
signatures) on the instrument the person(s),
or the entity upon behalf of which the
-__ . . person(s) acted, executed the instrument.
YAMA$,BPOHN
......: COMM.#1230889 m
�snr„ Notary Public-California y
rn WITNESS my hand and official seal.
W p ,,r My Exp.. Ouly31 2003
SIGNATURE Of NOTARY
I OPTIONAL
Though the data below Is not required by law,It may prove valuable to persons relying on the document and could prevent
Iraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER Payment Bond
TITLE OR TYPE OF DOCUMENT
1111E(S)
❑ PARTNER(S) ❑ LIMITED
El GENERAL Three (3)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: December 6, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME Of PERSON(S)OR ENFIFY(IE Si
Gulf Insurance Company None
SIGNER(S)OTHER THAN NAMED ABOVE
CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On December 6 1999 before me, Randall R Spohn Notary Public
DATE NAME.Ma OF Off ICEN Eo 'JANE OOE.NOTARY PUaUC'
personally appeared Andrew Cedro
NAMEIS)OF SIGNENISI
❑ personally known to me - OR El 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 ac
knowledged to me that he/she/they executed
the same in his/her/their authorized
ii .• RANDALLR. SPOHN capacity(ies) and that by his/her/their
COMM.#1126189 a
.. signature(s) on the instrument the person(s),
S m .gait NOTARYWI&1C•CUIFCPNA 33
�S; is*. ORANCIECOUNTY or the entity upon behalf of which the
tommexp.Feb.8,zoof person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
/
SIUNAIUNE • NOIANT
1 OPTIONAL
Though the data below Is not required by law,It may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
taINDIVIDUAL
CORPORATE OFFICER Payment Bond
TITLE OR TYPE OF DOCUMENT
TmEfS)
❑ PARTNER(S) ❑ LIMITED T
❑ GENERAL Three (3)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
Is OTHER: Owner December 6, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PENSONIS)on ENIIMIE S) NONE
Andrew Cedro Construction SIGNER(S)OTHER THAN NAMED ABOVE
/ \
- _ _ I; - _ >-_ - -
GULF INSURANCE COMPANY - -iIBOND 'i= 'li I
+ ST Louts, MISSOURI = 1 -- )--NUMBER AE ,-, ,i- - - _ _-
POWER OF ATTORNEY 1 ,_ - li
I 1'I-i,_NAME; ADDRESS,- =1 -
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED,ON BLUE 1 = =,pRINCi.1 --CITY _STATE, ZIP-' 1 _
SAFETY PAPER WITH TEAL INK, DUPLICATES SHALL HAVE=THE---i -- -- i -. --I
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN 1. - -- - - - -
CONJUNCTION WITH THE ORIGINAL. - ' 1 — i ' '1= -- 1'l _ 11_; — 11— I — _ _ _ -
I
KNOWN ALL MEN BY'THESE-PRESENTS. That the Gulf In umnce Com-_ - I -1 t :1'r 11 - =1' -I,I-
pany, corporation duly organized unde the lax of the'State of Missoun::having _ - — - - (
its principal office the vy of II- mg,Texas pursuant to the follow' olution, " _ -Andrew.=Ced ro Const-ruction -
adopted by the Ft nct,&Executive Committee,of the Be rd of Directors of the said`! - p 0 '-Box 341-'I I = 1f -- _I I=
Company on the 10th day of August, 1993,to wit I, - _ I - - J' --,, = - I - _ - 1
RESOLVED,that the President,Execun Vi President or an Senior-Vice=1- ' NOi 1 _, ;,CA" 90651_ - -`_)_ - - _ .I-- - _
President of the Company shall h authority to make,execute and deliver a Power I _ I1 I - I= t 11- '- _ , =_ _mot-
-- _ -
of Attorney onstituting as Attorney-in-Fact,such persons,firms or- orporations as - I i'- ;1 = 1 ( 1- 1 _- _- - 1 -
may be selected from time u time and any such Ant ey- -F ct-may be removed- 1 - s I-.-'i -' -- ---
and the authority gr nted hi yoked-by the President, or any Executive Vice - _ - - , - , EFFECTIVE -- _ -
President, or Senior Vice President, or by the Board of Directors or by the - 'Ii' - I -i _ I, - --
Finance and Executive Committee of-the Board of.Di ctor ' = I I = - 1 =+11 - _ -_
-December,' 6 =1999
RESOLVED,that nothing th Powe of Au( ney shall be onsirued asagranti (_ .- , - , - -� i=-,, = �_= , =1 .= - 0 •,_
of authority to the attorney(s)-in-fact to sign execute,acknowledge;deliver or oth-_ _ _ _ - - 1 (CONTRACT AMOUNT..1 I i ,= -
erwise issue a policy poll ies of insurance on behalf of Gulf Insurance Company.-- - _ - _-- -� _ _ - _ -- _ -
RESOLVED,that the ignature of the President. Executive Vice)President.or dt -- #1,11-- -- ' - 1 = I --71 - P- - -
any Senior Vice President,and the Seal of the Company may be affixed to any such l i -`p 89. 7 66' 00_ _ -i, ,t•-1,1 II 1
Power of Attorney or any-certificate relating therm by fa mile, toil any such I= __
powers so executed and eddied by fac mule igi ature nd fac imik eat'shall`be % - 'I --I.)='!,:_ - ,. BOND-AMOUNT---
valid and bmdi upon the Company in the future with-respect'to any bond and -1 =11' • '_ _- _ _ - ' _ _- _ - -
documents relating to such bo ids tc which they are attached' -. _-$ _89 766' 00 7 _- -
\, -" - _ t;
Gulf In once Company does hereby make,co sntute nd appo u"I - ,1- I - - - - =J
- 1 =- _ - p- -
1 - 1 - , -n - _ -
-- Elizabeth Lem, Randy Spohni,IZara.Spohn_--- , i-11;, - -
u I ,
-t I — = — ; — - — - _ ;I-
-I: =11_ _ _ =
- 1 = ! _ = I'1= I-- = 1 = _ 1 ' =1 = w= = 1, - l — _
- - =-1'1- = =1 - -1 i ‘LS-- =( lc: " -- -
I = = =
11 - ( (� - ] l „ 7--- (=,1 = , , ,I .- '1
its true and-lawful attomey(sl- -fact,with full power nd utho ity herebvlconferred mgrs name;place and stead,to sign,;execute;acknowledge and dehver1inlits -
behalf as ety,any and all bonds and undertakings of suretyship,and to,bind Gulf Insurance Company thereby,as fully and to the same extent as if any bonds,undert 1
takings and documents elating to uch bonds and/or-undertakings were signed by the duly.authorized officer of the GulF,nsurance Company and all the acts of said; r
attorriey(s)-in-fact,pursuant to the authonty herein given are hereby milled and cotifirmed - , �I ' - , -- _ ,1t 'I _ '- __-
The obligation If the Co ipany shall kt exc ed milli (1,000,000)Jolla =-( -- --'l = =-1 I _= ( _ -
IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed)by.any officer of.the Company and its Corporate Seal to _ l
be hereto affixed, 1 - ---;( -- '= 1
/ 1 )
- J/ 0"4� i -- _-i - GULF INSURANCE J
I 4 cP re, $',1 - - 11 - =-'h =�P.1 - 'Ili - -
SEAL;
M�SSOOP`_'11� =.1 ,11- _ / / ��I'�``7/V " , = ) _�
STATE OF NEW YORK ) - �''I I - - _ - Christopher E.Watson
1 5S- - - President 1 "- -- I
COUNTY OF KINGS ) - ( = = = - _ -" -= i
On the 1st day of Jun ,1996 A.U.,Before me came Christopher E.Watson;known to ine personally.who beingbylme duly,sworn,did-depose and say, -
that he resides in the County of Westchester,State of Newi York;that he is the President of the Gulf Insurance Company,the corporation-described in and= i
which executed the above instrument;that he knows the seal of said corporation;that the seal,aftixed to the said instruments isisuch corporate seal;that - - (
it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. _ -- 2` _ -- I -
t aaoKagror I '=-11 11- - ,I i(_- \iC _ Iii - -
y NOTggy`i' _ _ I 1 =.'I' - 1 1 - --
- A RieLG e` - I' I _ -SPIROK.BANTIS 1 c- = I, _
t - p __ - - Notary Public,State of New York_ _ - 1
fl' " Ew --:S.‘ _I Il ( n No 24=4861345 i i^1, 11 1
S'fA'FE OF NEW YORK 1 ' i. - _: - - --Qualified in-Kings 1= ; - -
SS i _ -- 1_ `-I = i " - Commission•Expires May.12;2000-1 -- -
000NTY OF NEW YORK ) - - _ _I,the undersigned,Executive Vice President of the Gulf Insurance Company,a-Missour Corporation,DO HEREBY.CER_TI_EY that the foregoing and 11
attached POWER OF ATTORNEY remains in full force. _ - -- - - j _
i- I I - - = I_ II- n =- 1 _ j I, _ JI 1
Signed and Scaled at the City of New York. \‘'SpanncE,OO _ I I _ 1= ,1-_ 1 -_ , _ _ t,_ - Z. 1 _. II
kl, Q3POR.4 yi- Iii- 1_- _ ,I "7-;_- I I 1 c_
I i
- S' - , - = i I_ Dated the - _6th-,, day_ofl December 1999_- (
0 SEAL ""1 :- - 1' v =
- - 1 r - - 1 - 1 - - 1= - 1'I'-
a'xssouPS - -=11 - �'t i- I I1 _ -
,I - ) I- _ =, = { - - _. II =
8016-AE -- - .- - _I I I Lawrence P.-Miniter 1 -1 - i)
Executive Vice President