Project 160 - Bond - Sully-Miller - 1999-03-16 THE AMERICAN INSTITUTE OF ARCHITECTS
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LABOR & MATERIAL PAYMENT BOND BOND#: 14-007 335
(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
unto COSTA MESA SANITARY DISTRICT as Obligee,in the sum of
Two-Hundred-Fifty-Se -Thousand-Five-Hundred-Eighty-Nine and 251100 dollars
( $257,589.25 )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 Pnnlcpal shall promptly make payment to all claimants as hereinafter
defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligaton shall be void:otherwise
it shall remain in full force and effect,subject,however to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor material or both,used
or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water gas,power
light, heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not
been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or
performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final payment for
such sum or sums as may be justly due claimant,and have execution thereon,The Owner shall not be liabile for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a)Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The
Principal,The Owner or the Surety above named,whithin ninety(90)days after such claimant did or performed the last of the work or labor or
furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party
to whom the materials were furnished,or for whom the work or labor was done or perfomed. Such notice shall be served by mailing the same
by registered mail or certified mail,postage prepaid,in any envelope addressed to the Principal,Owner or Surety at any place where an office
is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the
aforesaid project is located,save that such service need not be made by public officer
b)After the expiration of one(1)year following the date on which Principal ceased work on said contract, it being understood however that if any
limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as
to be equal to the minimum period of limitation permitted by such law.
c)Other than in a state court of competent jursidiction in and for the country or other political subdivision of the state in which the Project,or any
part thereof is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and no
elsewhere.
4 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder inclusive of the
payment by Surety of mechanics'liens which may be filed of record against said improvements,whether or not claim for the amount of such lien
be presented under and against this bond. T
Signed and Sealed this day of March 1999 = —
alre SULLY-MILLER CONTRACT OMPANY _
-a 1 na- lice esident
(W ness) (Title) g �
GaGibson Assist Sec
Lie TUnAL INSURANCE COMPAN
(Attorney-In-Fact) ,
PAMELA K.RIFE
WC Record-4. 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
''7 e LEEK L.FIACNMEIE 1
e � /7/�ilidiV1/1 : #1125474/OQlI ,/ / . C m NOTA9Y PU&JC-CAIIFORMA
K hleen L. Flachmeier, Notary Public ' OnAmExp Feb 2, t
My Comm Exp.Feb.2,2001 4
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
SURETY ACKNOWLEDGEMENT
ST TE OF NEW YOILL
COUNTY OF NEW YORK
ON 3/16/99 BEFORE NE. PERSONALLY CALL PAMELA K RTE TO NE
RNOW i WHO BEING BY ME DULY SWORN DU 7 DEPOSE AND SAY THAT
KE:SFF RESIDES IN NEW YORK_ Ni ANT) TPLAT P LISI-LE IS AN ATTORNEY ,,,.
THE
IN_FACT OF LIBERTY MUTUAL INSURANCE COMPANY
CORPORATION DESCRIBED EN AND WHICH EXECUTED tHE W I T FINN
EM.SIKUMENT THAT EMISHE KNOWS THE SEAL OF SAM CORFOR`>IION
AND THAT HE/SET SIGNED HIS,HER NAME THERETO BYL.KE ORDER. _A—ND
THAT THE SAT) COMPANY HAS RECEIVED FROM TEE „U ERIN TENDENT OF
INSURANCE OF TIl. STATE OF NEW YORK. AND SUCH CERTIFICAIL HAS
NOT BEEN REVOKED
Cu2liz?dIr Jew,. C0 unr/ NOTARY PUBLIC
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CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNfil OF
ON 1FITS DAY OF 19 BEFORE ME PERSONALLY
CANE TO ME KNOWN WHO BENG DULY
SWORN DID DEPOSE AND SAY THAT HE/SEE RESIDES IN OF
AND THAT HE/SHE IS THE
T THE CORPORATION-DESCRIBED EN AND
WHICH EXECUTED THE ABOVE NSIRUMFNT THAT HE/SHE KNOWS THE
SEAL OF THE SAID CORPORATION THAT THE SEAL AFFIXED TO SAID
ENSIRU ENTI' IS SUCH CORPORATE SEAL, THAT f'1' WAS SO AFFIY"D BY 1FF
ORDER OF TIE BOARD OF DIRECTORS OF SAID CORPORATION AND THAT
HE/SEE SIGNED HIS NAME THERETO BY LL= ORDER.
NOTARY PUBLIC
=THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5-221_ 3-6
This Power of-Attorney limit's the act of those"named"herein, and they have no authority to.bind-the Company except in the
and to the extent herein stated. -
LIBERTY-MUTUAL-INSURANCE-COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL-PERSONS BY=THESE PRESENTS. That Liberty Mutual Insurance Company (the 'Company"-), a Massachusetts
='_mutual=insurance company pursuant.to and by authority of the By-law-and Authorization hereinafter Set forth, does hereby name,
constitute and appoint, MARK FITZGERALD, ELIZABETH MARRERO, PAMELA K. RIFE, ANNA B. DIME, CHRISTINE
V.MDKENNA;-ALL OF THE CITY-OF NEW YORK, STATE OF NEW YORK -
_='each individually;if there be-more:than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver for and on
behalf as surely and as its act and deed, any and all-undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FJELY_MILL(ON'--- - t-`t-' - - DOLLARS ($50,000,000 "" ) each,-and-the-execution of such bonds or >,
undertakings in pursuance of these presents;:shall be as binding upon the Company as it they had been duly signed by the president and attested by .
the secretary"of the-Company-in their.own proper=persons. , co
0 = That this power is made and executed pursuant to and by authority of the following By-law and Authorization aa)
c
D= - =ARTICLE XVI Execution of Contracts Section 5 Surety Bonds and Undertakings. y
. Any other of-the the president subject to= hmitations—as the chairman.or.the president may prescribe,"shall-appoint such attorneys-in-fact, as may be necessary to act in behalf of the _ j,
2,e : company to make, execute seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances:and other surety -e
t;:II! -_ obligations::Such-attorneys-in-fact, subject.to the imitations set forth in their respective powers of attorney shall have full power to bind the _ O
O - _ ,com an ti theirs) nature-and"execution of an such'instruments and.to attach thereto the seal-of the com an When so'executed_such -e"
2 rn? instruments shall be as binding as if signed by the president and attested by the secretary 0 F=
0 -6y.the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact" o W"
cE
ti > _= Pursuant to Article XVI,Section of the Bylaws, Assistant Secretary Garnet W Elliott is hereby authorized to appoint such attorneys-in-fact p 0,
2-ra as may be necessary"to act in behalf of the company to make, execute seal, acknowledge and deliver as surety any and all undertakings = QM'
d;0' " bonds,recognizances and"other surety obligations. _-
d"
co W That.the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. 1..'0
:0 . .. ._ - w e
-- 0 IN WITNESS WHEREOF this instrument has been subscribed by its authorized officer and the corporate seal.of the said Liberty Mutual Insurance 3 O
«_! Co_mpany has been affixed thereto in Plymouth Meeting, Pennsylvania this 11th day of. - December - - , 19-- og— - a-E
o_. _ ; = Y`p LIBERTY MUTUAL INSURANCE COMPANY - y o-
t:+� - -Garnet WSElliott,-Assistant Secretary - - r w CD
O:C.-_ - - - V 3
COMMONWEALTH-,_mow„ OF PENNSYLVANIA ss - To CD
O Ca COUNTY OF,MONTGOMERY - w o
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To On this---11th- - day of " Der A.D. 19_98_, before-me, a Notary Public;personally came the individual,"knownto ' Co
0
>_0 -nie to be the therein desc Idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument,and he'acknowled-_ E oil
—2- :ged that he executed arfe and at the seal affixed to the said preceding instrument is the corporate seal of said company and that said"corporate_ 'm
z -seal and his signature sub c'd the was duly affixed and subscribed to the said instrument by authority and direction of the said company 0
- - _. 'IN TESTIMO XW EREOF.Iherega o set my hand and affix my official seal at Plymou Meeting,.P the day and year first above written 0 m
_. _ OF: CY?'ARIAL SEAL It�/y���� y%{¢ - F�
* * - DONNA E.SHIELDS Nota . h! //t/�'A✓rt�' `' y
_ �v. Ply t i rap Moi tgom+:y Co -]- Notary Public
�l. M/Cw actin Expi a Feb : In..
_ =it- it/SYINP �'y —'- CERTIFICATE
I;the undersigned% ssista" tcretary-of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the
- _-foregoing-is a full true and cortrarcopy,is in full force and effect on the date of this certificate and I do further certify that the officer who executed the
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article,
_-XVI;Section 5 of the By laws of Liberty Mutual Insurance Company "
r
--ti This certificate may be signed by facsimile under and by authority of the following vote of the board of directors.of.Liberty Mutual Insurance
Company at a meeting duly-called-and held on the 12th-day of March, 1980
VOTED -that the facsimile-or mechanically-reproduced signature of any assistant secretary of the company wherever appearing upon a certified
_copy,of an;-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- 36TH- " _ day-of-
, <'
_ i``r � � slstant.�etary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPT]0 e" E AFTER - December 11--- 20 00. =
Liberty Mutual Insurance Company
Statutory Balance Sheet
(dollars in thousands)
Assets npr .-ther31.1997
Bonds. .__ _—. ._. 609,662
Common&P- :erred 5:ores. ._. 4446.:BB
Real Estate. - - 128301
Casr& nor Term lnvesnannits. ._. "70
Other Invested -sses._-_._. ._. ._. _71.263
Subrora:Cash and .r _ted -+sses. ._. 16,698-84
Premium in Course Collecacn' _ ._. 1,:r. ^16
Rems-t-once Reco‘Frabies on Loss and Loss Adjustment Expense F-vmens. 187,:30
Inten...t Dividends and Real Estate mco:n=Ct. and .ccued. .-- 165,557
Other Assets. ..........._. .__ --- 779.594
Ti9.594
.-_ 19-...
L.abr ides and Surplus
Seser)e Losses and Loss ,a,us:pent Expenses. 10.205-183
R 'e for Unearned'rsmniu,'ns. ._. ._. ._. __
Re�-aurance Pa,able Cr Paid Loss and Loss t.diustnumr EExpenses. .19
��rai income T ape Premium Tax+,cued.
91 -'
Other-aoi ides. -. _-- ..31",56..
TOT..L LLABILIP.c. __. ::?85,348
Unassigned Surolus_ .___ ._. 24,567
Gua am 0unds_. ._. __. .-. .-. 12.50
Surplus;`fetes. ___. ._. __..
__- 1, 40516
TOTAL dLir r rte 6.066_3_
TOTAL LIABILITIES.y.'t•J SJAPLUS__-_______ ______ ._._. 191
('E,xu,:des premiums.:nor than 90 days due)
COMMONWEALTH OF M.AdzAC-HIUSL--S
SS
COUNT'CF oUFF OLK
Dennis:angwell,being duly sworn,says: That he is Vice President and Comptroller of Lberty.Mutual Insurance Company that
said Company is mutual insurance company duly organized,exisdng and engaged in business as a surety by virtue of the laws of
the Commonwea:th of Massachusetts and has duly complied with all the reouirements of the laws of said Commonwealth and of the
laws of the State of CALIFORNIA,__,__ ,_ __.applicable to said Company and is duly qualified to act as surety under
such taws;that said Company has also complied with and is duly qualified to act as surety or federal bonds under Section 305 of
Title 31 of the United States Code.
That the foregoing is a full,true and correct statement of the firand.al condition of said Company an the:1st da• Dece_mbe_-,79c7
Sworn to before me this 31st day of March,1998
II
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My Commission Expires r' lr4, -)r` e.1 / r//f7'� 7. iiii,. 0/,, U 1/,
' Vice°feisddent and C6mprroiier
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