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Project 151 - Bond - Cedro Const. - 1999-12-09 RECEIVED THE AMERICAN INSTITUTE OF ARCHITECTS DEC 2 2 1999 Bond N pM E S6'141.4Y6FRICT Premium $1 795 00 ...411 ) , AlA Document A372 Performance Bond singular reference to Contractor Surely Owner or other party shall be considered plural where applicable. ON I RAC.IOR (Name and Address? SURETY (Name and Principal Place of Business) Andrew Cedro Construction Gulf Insurance Company P 0 Box 341 40 Baseline Road Suite 11102 Norwalk CA 90651 Tempe AZ 85283 OWNER (Name and Address) Costa Mesa Sanitary District 77' Fair Drive Costa Mesa CA 92626 CONSTRUCTION CONTRACT Date November 10 1999 Amount $89 766 00 Description (Name and Location) Costa Mesa Sanitary District - Fairview Road Sewer Project No 1112100-151 BOND Date INUt earlier than Construction Contract Date) December 6 1999 Amount Eighty Nine Thousand Seven Hundred Sixty Six and No/100 Dollars ($89,766 00) modifications to this Bond X) None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company• (Corporate Seal) Andrew Cedro C;f struction Gulf Insuranc• Company Signature a-as' Signature 01. • Name and T Ile Name and Title• sandy tpo n Attorney-In-Fact (Any additional signatures appear on page3) 'FOR INFORMATION ONLY—Name. Address and telephone) MAN vi BROKER OWNER'S REPRESENTATIVE (Architect. Engineer or R S Bonding & Insurance Agency Inc other party) 1633 East Fourth Street Suite 228 Santa Ana CA 92701 (714) 541-4700 MA DOCUMENT MU PLREORMANCE BOND AND PAYMLNI RUND utlthltltK WtH L0. AIA ��Z.� lilt AMERICAN INSTITUTE Or ARCHITECTS. 1775 NEW YORK AVE. N W WASHINGTON. D.C. 20006 tIIIRn PRINTING MARCH 19x7 and the Surety lousily and scvcrafts wnich it may tie liable to the Owner and- as .no it' yes their netts executors administrators soon as practicable atter the amount Is deter icee- it d assigns to the Owner for the performance mined fencer payment therefor to the )r the t isu ucti4n contract,which is incorporated nerein Owner' or Ptertince 2 Dem liability in wnoie or in part and notify the '1 I I raUgr pertaims the Construction contract Owner citing reasons therefor th Si y. Ina the co ,tractor shall have in obligation 5 li the Surely aces not proceed as oroyided in Paragraph ode d ntd except to participate m conferences 4 with reasonable promotne55 the Surety shall be deemed I ,)s oi ft tpatagraph 41 to be in default on this Bona tirteen days aver receipt ot an 3 n non hall arise Default the St refs s obligation demanding that he surety Owner to the Surety obligations under mien notice rids In. bono :hall arise aver this Bond. ano the Os'net shall be entitled to enforce any 3.1 I he C)s.ner has notified the contractor and the remedy available to the Owner it the Surety proceeds as Sorel• ii ddres described in Paragraph It) below provided in Subparagraph 4 4 and the Owner refuses the 'hat ih _>wner 15 considering declaring a Contractor payment tendered or the Surety has denied liability in Det, et id has requested and attempted to arrange a whole or in part.without further notice the Owner shall be ,mf e with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner held 01 ate; than fifteen days alter receipt or -Lich ,ndre uiswss methods of performing the c,,nstrur 6 Alter the Owner has terminated the Contractor S right 'tract t the Owner the contractor ano the to complete the Construction Contract; and it the Surety -unit• fret du Cunir actor shall be allowed a reason elects to act under Subparagraph 4 1 4 2 or 4.3 above, able me ic perform the Construction contract out then the resoonsibilities of the Surety to the Owner shall h at determent shall not waive me Owner fent II not oe greater than those Lit the Contractor under the Jr iOsediently to declare a Contractor Default and Construction contract. ano the responsibilities oi the Owner to the Surety shall not be greater than those ot the 3. he Us tier has declared a Contractor Default ana Owner under the construction Contract To the limit or the .ti fir terminated the Contractors right to complete amount of this Bond, but sublect to commitment by the lh ant art Such Contractor Default shall root be de Owner at the Balance of the Contract Price to mitigation of -Ian .I r ter than twenty days after the Contractor and costs and damages on the Construction Contract the Sure- the utety nave received notice as provided in Sub- t • Is obligated without duplication tor- paragrapn 1 I and 6.1 The responsibilities of the Contractor for correc 3.3 The Owner has agreed to pay the Balance or the Lion at defective work and completion of the Construe C' t,ttar Price to the Surety in accordance with the non Contract, fern ,1 the Ct nstructton contract or to a contractor ,elected to perform the Construction Contract in actor 6.2 Additional legal. design professional and delay dam nh the terms of the contract with the Owner costs resulting trom the Contractor's Default. and.re- suiting tram the actions or failure to act of the Surety 4 c^ non tht Owner has satisfied the conditions of Para- under Paragraph 4 and graph d, Ss tety shall promptly and at the Surety s ex 6.3 Liquidated damages, or if no liquidated damages rose iaA. ,tie or the rolfowing actions are specified qus a the a Construction liquidat actual dams 4.1 range for the Contractor with consent of the ages caused by delayed performance or non•perior (-)w ier in perform and complete the Construction rnance of the Contractor L "Ica`t or The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform nd complete the Construe obligations of the Contractor that are unrelated to the Con• non Cunrract itself. through its agents or through inde- struction Contract. and the Balance ot the Contract Price pendent contractors or shall not be reduced or set ott on account of any such 4.4 obtain kids or negotiated proposals from unrelated obligations. No right ot action shall accrue on .1oauhed contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or u,ntrau for performance and completion oi the Con• its heirs, executors, administrators or successors. etivaibn contract, arrange tor a contract to be pre-8 The Surety hereby waives notice or any change includ- pared tot execution by the Owner and the contractor ,rig changes of time to the Construction Contract or to selected with the Owners concurrence to he secured related subcontracts, purchase orders and other oblige- with petortnaaice and payment bonds executed by a lions. qualified ,urety equivalent to the bonds issued on the Coristr -t on Contract and pay to the Owner die 9 Any proceeding, legal or equitable under this Bond amount of damages as described in Paragraph 6 in ex may oe instituted in any court of competent turisdiction in ces• 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 thorn the Contractor's default, or and shall be instituted within two years after Contractor 4,4 Waive ifs right to perform and complete arrange Default or within two years after the Contractor ceased tot completion. O obtain a new contractor and with working or within two years after the Surety refuses or tads to perform its obligations under this Bond whichever oc n ascii able promptness under the circumstances curs first. If the provisions of this Paragraph are void or i Atter investigation, determine the amount for prohibited by law the minimum period of limitation avail- MA DoCUMett A312 rtkruKMANCt RUNto AND Panning' 0ONO ofCEMBER 1914 ED. AIA ® ,�j.�9� l fit AMERIUN INSTITUi'E Of ARCHITECTS ins NtW YORK AVE. N W WASHINGTON D.C.10006 ItnKb YKiNtiNI, MARCH 1957 tractor of any amounts received or to be received by able m sureties ppli a as a defense in the Iunsd KtiVn VI the suit the Owner in settlement of insurance or other claims nail he applicable for damages to which the Contractor is entitled, re- 10 Notice to the surety the Owner or the Contractor shall duced by all valid and proper payments made to or on be in lied or delivered to the address shown on the sig. behalf of the Contractor under the Construction Con- nature oat• tract. I1 When this Bond has been furnished to comply with d 12.2 Construction Contract. The agreement between statuary other legal requirement in the location where the Owner and the Contractor identified on the sig.- the lwhlrtKtiOti Was to be perturnled,any provision in this nature page including all Contract Documents and Bond tonthcting with said statutory or legal requirement changes thereto. Mall ur deemed deleted herelrom and provisions can• iormrmr, to such statutory Of other legal requirement shall wh h has a neither ben Default: failure adied of the Contractor r or- Bo rd shall nconstruedd herein. try intent is that asl this form or otherwise to comply with the terms of the Bond ,hall law construed as a statutory bond and not as a Construction Contract. common law hl d. 12 DEFINITIONS t2.4 Owner Default. failure of the Owner which has neither been remedied nor waived, to pay the Con- 12.1 Balance of 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 C tnsuuction Conti act after all proper adl ustinerttS thereof. nave been made including allowance to the Con- MODIFICATIONS 70 THIS BOND ARE AS FOLLOWS (Spat pi vided below for additional signatures of added panics. other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURELY Lompany (Corporate Seall Company (Corporate Seal) Signature _- --.. _ - Signature Name and I tie Name and Title Adders Address. MA UOLUMENI A212 rtKFOKMANCt BOND AND rAYM[NI BONO utCfMOEK 1960 (0. AIA S �t2 7 3 tilt A%ttKIC.AN INSTITUI! OF AKCNI1LCIS, 1775 NEW YONK Ayl N W' WASHINGTON. U.C. 21700b I HMO PRINtiNG M.AKCh 1917 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 6 1999 before me, Zara S Spohn DAIS HAMS,I DIE Of Of f-ICED EA 'JANE DOE.NOIARY PUe&C personally appeared Randy Spohn HAME(SI OF SIUNEN(S) ❑ personally known to me OR © proved to mo 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 capaclty(Ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. mu ZARA S.SPOHN COMM.01230889 tl? Notary Public.-Calltomle N w ''1 ORANGE COUNTY WITNESS my hand and official seal. �� bty Crnlm Fes.July 31,2003 Zoo SIUNAIDNE Of NOWT OPTIONAL Though the data below Is not required by law,II 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 OR TYPE OF DOCUMENT TIM(S) ❑ PARTNER(S) 0 LIMITED ❑ GENERAL Three (3) ID ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: December 6 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PEN90N(s)ON ENn1Y(IES) None SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT / State of California County of Orange On December 6 1999 before me, Randall R Spohn Notary Public DATE NAME.TITLE Of OFFICER EO.,'JANE DOE,NOTARY PUBLIC personally appeared Andrew Cedro NAME(SI OF SIGNER'S) ❑ personally known to me - OR ® 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 RAN AD LL R. SPOHN capacity(ies) and that by his/her/their 0., COMM.#112266189 < signature(s) on the instrument the person(s), is KrmilypuBIJC•C ooRdA 3J ttwMy or the entity upon behalf of which the My COMM person(s) acted executed the instrument. WITNESS m/y/ hand and official seal. /✓n�iC.�O(.f/V / l AR SIGNATURE Of Y r 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 Q, INDIVIDUAL �`CORPORATEOFFICER Performance Bond TITLE OR TYPE OF DOCUMENT Tins(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Three (3) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR © OTHER: Owner December 6, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(s)Oft ENTITY(IESI NONE Andrew Cedro Construction SIGNER(S)OTHER THAN NAMED ABOVE