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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