Loading...
Project 142 - Bond - Atlas Underground - 1996-05-20 TIG PREMIER INSURANCE COMPANY ISSUED IN THREE ORIGINAL COUNTERPARTS BOND NO. TPI 36786866 PREMIUM: $4 593 00 I IL INSURANCESM AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Atlas Underground Co TIG Premier Insurance Company 13766 Live Oak Avenue 70 West Michigan Avenue Chino CA 91710 Battle Creek, MI 49016 OWNER (Name and Address): Costa Mesa Sanitary District 77 Fair Drive Costa Mesa, CA 92626 CONSTRUCTION CONTRACT Date ($183,710.00) A mount:One Hundred and Eighty-Three Thousand Seven Hundred and Ter Dnl_lnrs and 00/100 Description (Name and Location): CMSD Project 1112100-142 Reconstructing Force Main for Adams Pump Station BOND Date (Not earlier than Construction Contract Date: May 20, 1996 ($183,710 00) Amount: One Hundred and Eighty—Three Thousand Seven Hundred and Ten Dollars and 00/100 Modifications to this Bond: fl None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal) Atlas Undergrou C TIG Premier Insurance Company - Signature: �� Signature. 04t.i 4� ' Name a itl HECTOR LOyA Name and Titte:Mar N. Gladdin , OWNER Attorney in Fact (Any additional signatures appear on page 3) v ` (FOR INFORMATION ONLY—Name, Address and Telephone) � AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer of other party) Vicb MA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA O" THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE NW WASHINGTON DC 20006 THIRD PRINTING MARCH 1987 23507 1 9-94 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and. as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract, which Is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 31 to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety at its address described notifi the Paragraph 10 below remedy available to the Owner. If the Surety proceeds as that y a Owner address s declaring Paragraph Contractor provided in Subparagraph 44, and the Owner refuses the considering g payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and Surety to be entitled to enforce any remedy available to the Owner held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 42, or 43 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contract Default and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract Such Contractor Default shall not be de- Owner earlier than twenty days after the Contractor and wner of the Balance of the Contract Price to mitigation of the Surety have received notice as provided in Sub- costs and damages on the Construction Contract, the Sure t1' p ty is obligated without duplication for paragraph 31, and 6.1 The responsibilities of the Contractor for correc 3.3 The Owner has agreed to pay the Balance of the tion defective work and completion of the Construc tion Price to the Surety in accordance with the Contract, terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Suretys ex- pense take one of the following actions 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam- 4.1 ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor Contract; or 4.2 Undertake to perform and complete the Construc 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations No right of action shall accrue on ,qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or -ccn"fract for performance and completion of the Con- its heirs, executors, administrators or successors „strliGtiorl Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared''foi-execution by the Owner and the contractor ing changes of time, to fhe Construction Contract or to selected-Nina-I the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- wittt:perfonmance and payment bonds executed by a qualified'surety equivalent to the bonds issued on the [ions .Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond .amount_of-damages as described in Paragraph 6 in ex- may be instituted in any court of competent lunsdiction in cess•of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located 'Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA O° THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE NW WASHINGTON, DC MI6 THIRD PRINTING MARCH 1987 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE } SS. On MAY 20, 1996 before me, JULIA B. LUCIO, NOTARY PUBLIC PERSONALLY APPEARED MARK N CLADDING personally known to me - - - -•- to he the person(9) whose names) is/ere subscribed to the within instrument and acknowl- edged to me that he/shed-they executed the same in his/ her-!their authorized capacity(ies), and that by hisfher{ their signatureEs) on the instrument the person(s), or the • _ - _ - entity upon behalf of which the person(s)) acted, executed the instrument. - C ! Mai Notary Ftaa- California WITNESS my hand and official seal. RIVERSIDE COUNIV I /)., r My Comm FxcAres JUL 2&1998-! Signature (1V / "fi'� ' / Wl- jr This area for Official Notarial Seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) LJ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) Ti GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME.OF PERSON(S)OR ENTITYIIE SIGNER(S)OTHER THAN NAMED ABOVE ID-asi Rk e/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT California 0 State of a County of San Bernardino 1 On May 24, 1996 before me, Christy Loya, Notary Public 1 Date Name nd Tele of Officer(e.g 'Jane Doe,Notary Public') `0 personally appeared Hector Loya 0 Name(s)of Sign r(s) - O A ) personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) 0 0 whose name(s) is/are subscribed to the within instrument 0 and acknowledged to me that he/she/they executed the 0 0 same in his/her/their authorized capacity(ies),and that by CFIatSTV tovn his/her/their signature(s)on the instrument the person(s), o 9 fommsao iAm660G or the entity upon behalf of which the person(s) acted, A SS eY" Notary Public—California } - q executed the instrument. 1 eZ` SAN BEt7i tWO COUNTY ` � SIN Comm.Expires JU 27,1099 A WITNESS m .nd and official seal. 1 j A._ 0l 1 Signature of Notary Public 11 OPTIONAL 1 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. 1 Description of Attached Document ti Title or Type of Document: Performance Bond Document Date: May 20, 1996 Number of Pages: 3 S Signer(s) Other Than Named Above: Mark N. Gladdinq ******************** Capacity(ies) Claimed by Signer(s) Signer's Name: Hector Loya Signer's Name: Mark N. Gladdinq k Y-2❑ Corporate ❑ .Individual 0 orporate Officer ❑ Corporate Officer Title(s): Title(s): 0 Ill Partner—Ill Limited ID General .❑ Partner—❑ Limited ❑ General 0 ❑ Attorney-in-Fact XX Attorney-in-Fact 0 S ❑ Trustee ❑_ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER .❑ Guardian or Conservator • OF SIGNER 0 ❑ Other Top of thumb here ❑ Other Top of thumb here Signer Is Representing: Signer Is Representing: 5 1 Atlas Underground Co 'PIG Premier Ins Co 0 V. 1` t!/lll!!/J!J/lJJtl 0 1994 Nato al Notary Association 8236 Remmet Ay PO Box 7184 Canoga Park.CA 91309-7184 Prod No 5907 Recede Call Toll-Free 1-800-8766827 able to sureties as a defense in the jurisdiction of the suit tractor ot any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety, the Owner of the Contract shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- duced by all valid Contractor and proper payments made o Con- nature n- behalf of the Ct under the Construction Con- nature page tract 11 When this Bond has been furnished to comply with a 12.2 Construction Contract The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory legal requirement changes thereto shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default Failure of the Contractor. be deemed incorporated herein The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond Construction Contract 12 DEFINITIONS 12.4 Owner Default Failure ot the Owner, which has neither been remedied nor waived, to pay the Con- 12.1 Balance ot the Contract Price The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Spaced is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal) Signature: Signature Name and Title Name and Title: Address Address MA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA V THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE NW WASHINGTON DC 20006 THIRD PRINTING MARCH 1987 3