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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), �i,� My Commission Expires Feb14,2004 or the entity upon behalf of which the ONO O 0000 O 0000000 Y P person(s)acted, executed the instrument. SS / - -• and •fficia .eal. �/ C"D i Pla Notary Seal Abo / di . .lgn,/e of Notary Public 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. q9 us:e O ONO O 099 rr�'IT • 1 f:ndoffi 'al(seal. / I Pla Notary Seal Abo . � gnatu of Notary Pubh 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