Bond - Atlas Underground - 1996-05-22 TIG PREMIER INSURANCE COMPANY
ISSUED IN THREE ORIGINAL COUNTERPARTS
BOND NO. TPI 36786866 I I(, INSURANCE
PREMIUM: IS INCLUDED - -
AIA Document A312
Payment 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)
Amount One Hundred and Eighty-Three Thous"nd Seven Hundred and Ten Dollars 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 22 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 6
CONTRACTOR AS PRINCIPAL SURETY
Company (Corporate Seal) Company (Corporate.Seal)
Atlas Under: Co TIG Premier Insurance Company tee'
Signatur.. _ Signature.1/0.4-A-22.441.-0-1 _`-
Name .nd Titl= HECRDR LOyA Name and Ti . Mar N Gladd g z. i =
OWNER Attorney in Fact •
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER OWNER'S REPRESENTATIVE (Architect, Engineer or
other party)
AM DOCUMENT *312 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
4
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4 the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety s expense take the following actions
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to
rated herein by reference the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed
null and void if the Contractor
6.2 Pay is or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly,
amounts
for all sums due Claimants, and
7
2.2 Defends, indemnifies and holds harmless the The Surety s total obligation shall not exceed the
Owner from claims, demands, liens or suits by any amount of this Bond,and the amount of this Bond shall be
person or entity whose claim, demand, lien or suit is credited for any payments made in good faith by the
for the payment for labor, materials or equipment fur- Surety
nished for use in the performance of the Construction 8 Amounts.owed by the Owner to the Contractor under
Contract, provided the Owner has promptly notified the Construction Contract shall be used for the pertor-
the Contractor and the Surety (at the address mance of the Construction Contract and to satisfy claims,
described in Paragraph 12) of any claims, demands, if any under any Construction Performance Bond By the
liens or suits and tendered defense of such claims, Contractor furnishing and the Owner accepting this
demands, liens or suits to the Contractor and the Bond, they agree that all funds earned by the Contractor
Surety, and provided there is no Owner Default in the
performance of the Construction Contract are
3 With respect to Claimants, this obligation shall be dedicated to satisfy obligations of the Contractor and
null and void If the Contractor promptly makes pay- the Surety under this Bond, subject to the Owners prior-
ment, directly or Indirectly, for all sums due- ity to use the funds for the completion of the work
4 The Surety shall have no obligation to Claimants 9 The Surety shall not be liable to the Owner,Claimants
under this Bond until or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
4.1 Claimants who are employed by or have a direct liable for payment of any costs or expenses of any Claim-
contract with the Contractor have given notice to the ant under this Bond,and shall have under this Bond no obli-
Surety(at the address described In Paragraph 12)and gations to make payments to, give notices on behalf of, or
sent a copy, or notice thereof, to the Owner, stating otherwise have obligations to Claimants under this Bond
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim 10 The Surety hereby waives notice of any change,
including changes of time,to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor obligations
1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent luris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by
substantial accuracy,the amount of the claim Subparagraph 41 or Clause 4 2.3, or(2)on which the last
and the name of the party to-whom the labor or service was performed by anyone or the last mate-
materials were furnished or supplied or for rialsorequipmentwerefurnishedbyanyoneundertheCon-
whom the labor was done or performed, and struction Contract,whichever of(1)or(2)first occurs If the
. . 2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law,
In part from the Contractor, or not received the minimum period of limitation available to sureties as a
x l r within 30 days of furnishing the above no-
..: defense in the jurisdiction of the suit shall be applicable
nice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor
by which the Contractor has indicated the shall be mailed or delivered to the address shown on the
= 5 -, ✓. elaimwill be paid directly onndirec tly and signature page Actual receipt of notice by Surety, the
a~ , 3• Not having been paid within the above 30 Owner'or the Contractor, however accomplished, shall be
„� days, have sent a written notice to the Surety sufficient compliance as of the date received at the address
1.--
(at the address described in Paragraph 12)and shown on the signature page.
\C k sent a copy, or.notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor the construction was to be performed,any provision in this
i Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con-
Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall
cent compliance be deemed incorporated herein The intent is that this
MA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA J
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE NW WASHINGTON DC 20006
THIRD PRINTING MARCH 1987
5
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 (or proved to me on the baGb of
ca'icf cterytvidcne) to be the person(*) whose name*
is/ar •subscribed to the within instrument and acknowl-
edged to me that he/she-it-hey executed the same in his/
her/their authorized capacity(ies), and that by hisfherf
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the persons) acted, executed - o R
the instrument. 3- ODD tOCant
a Yofay Ptt1c Caffardo
RIVERSIDE COUNTY
WITNESS m y hand and official seal. My Comm Fxc resJUL 26,199e
LitSignature( J V\/1/l f t 9) OA) 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
PAYMENT BOND
TITLE(S) TITLE OR TYPE OF DOCUMENT
.— PARTNER(S) 7 LIMITED
GENERAL
X ATTORNEY-IN-FACT
C
TRUSTEE(S) NUMBER OF PAGES
Li GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
ID-031 a ■/ea ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California - 0
0 County of San Bernardino
On May 24, 1996 before me, Christy Loya
Date Name nd Title of Officer(a g Ja Dae,Notary Public")
0 personally appeared Hector Loya
1 Name(s)of Sign r(s)
f'personaliy known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) ti
whose name(s) is/are subscribed to the within instrument
A and acknowledged to me that he/she/they executed the 0•1 , + °°`°� same in his/her/their authorized capacity(ies),and that by 0
0 his/her/their signature(s)on the instrument the person(s)
0 , gommission#10666. 08 or the entity upon behalf of which the person(s) acted,
i . ":.....k Notary No.INOCOONN executed the instrument.
+„�. r) SAN BEMARCt
*7' Comm.Expires Jul 27,199
WITNESS ild official se s
0 Sgnatuo Notary Public 0
1 OPTIONAL Al
0 Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent `1
0 fraudulent removal and reattachment of this form to another document.
sDescription of Attached Document
S Payment Bond 0
Title or Type of Document:
Document Date: May 20, 196 Number of Pages: 3
Signer(s) Other Than Named Above: Mark N. Cladding ************** 1
0 S
0 Capacity(ies) Claimed by Signer(s)
o Hector Loya MArk N Cladding A
Signer's Name: Signer's Name:
KI Individual ❑ Individual 0
❑ Corporate Officer ❑ Corporate Officer
A Title(s): Title(s):
0 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 0
0❑ Attorney-in-Fact IX Attorney-in-Fact 0
❑ Trustee ❑ Trustee A
RIGHT THUMBPRINT RIGHT THUMBPRINT ,`
❑ Guardian or Conservator OF SIGNER Guardian or Conservator OF SIGNER
1:1 1:1 11
1 0 Other Top of thumb here El
Top of thumb he `1
0 1
ASigner Is Representing: Signer Is Representing:
1 Atlas Underground Co, TIG Premier Ins Co
o V. S
0 1994 Natio at Notary Associatio 8236 Remmet Ay P.O.Box 7184 Canoga Park,CA 91309-7184 Prod No 5907 Reorde Call Toll-Fr 1-800-876{827
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond services required for performance of the work of the
Contractor and the Contractors subcontractors, and
14 Upon request by any person or entity appearing to be a all other items for which a mechanics lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished
to be made.
15 DEFINITIONS 15.2 Construction Contract.The agreement between
the Owner and the Contractor identified on the
15.1 Claimant An individual or entity having a direct signature page, including all Contract Documents and
contract with the Contractor or with a subcontractor of changes thereto
the Contractor to furnish labor, materials or equip-
ment 15.3 Owner Default: Failure of the Owner,which has
for use in the performance of the Contract The
intent of this Bond shall be to include without Iimita- neither been remedied nor waived, to pay the Con-
tion in the terms 'labor,materials or equipment' that tractor as required by the Construction Contract or to
part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other terms
telephone service or rental equipment used in the thereof
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space 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 @J
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE NW WASHINGTON, DC 20006
THIRD PRINTING MARCH 1987
6
TIC Pr oiler Insu ante Carpany
Adelniatretl Of(tcel Bottle Cr ek. alchlaan
GENERAL POWER OF ATTORNEY
ISSUED IN THREE ORIGINAL COUNTERPARTS
Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized
and existing under the laws of the State of California, and having Its admimatrative office in Battle
Creek. Calhoun County. Michigan, does by these presents make. constitute and appoint
Mark N. Cladding
of Riverside and State of California its true
end lawful Attorneyisl-in-Fact with full power and authority hereby conferred in its name, place and stead,
to execute, acknowledge and deliver
Performance end Payment Bonds — Not to Exceed the Amount of $1R 710.00
on Behalf of Atlas Underground . ..any.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the
President sealed with the corporate seal of the Company and duly attested by its Secretary, hereby
ratifying and confirming all that the said Attomeylsl-in-Fact may do in the premises. Said appointment
is made under and by authority of Section 35 of the bylaws, as amended. and duly adopted by the Board
of Directors of the 71G Premier Insurance Company.
"Be It Resolved, that the President, any Vice-President any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any or more stable persons as Attorney(s)-
'n-Fact to represent and act for nd on behalf of the Company subject to the following provisions
"Section I. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and In the name
of and on behalf of the Company, to execute, acknowledge and deliver any and all bonds, recognizances,
contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings
and any and all notices end documents canceling or terminating the Companys liability thereunder and
any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as
if signed by the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its
Senior Vice Pr and its corporate seal to be hereto
affixed this 10th y Ail, t9 g6"
Va- "t'A 71G PREMIER INSURANCE COMPANY
State of Michigan 2 J SLY O 0O /)/ � /1
t7 1941 r t By _Ada`g'es i��
County of Cahoon Ilk �'9(/FOatt D
On this 10th day of/1 * In the year 1996
before me Nancy J. Raymond a notary public, personally
appeared Barry B. Cotter personally known
to me to be the person who executed the within instrument as Senior lice President
on behalf of the corporation therein named and acknowledged to me that corporati executed it
Nora, L RAYMOND
Nrawoosaisel cavern MI Notary Public
Kra.D.199a
I. the undersigned Secretary-of TIG Premier Insurance Company hereby certify that the above and foregoing
is a full, true and correct copy of the Original Power of Attorney lashed by said Company, and do hereby
further certify that the said Power of Attorney is still in force and effect
And I do hereby further certify that the Certification of this Power of Attorney Is signed and sealed by
facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the
Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has
not been amended or repealed as of the date hereof;
"Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation end
the seal of the Corporation. may be affixed or printed by facsimile to any certificate to a Power
of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid
and binding upon this Corporation"
GIVEN tinder my hand and the seal of said Company, this 20th day of May
19 96 //y;,, ' ,/fir//�7
THIS POWER OF ATTORNEY EFFECTIVE ONLY IF
1 Ia ,oi_■
ATTACHED TO BOND NO. TPI 3678 6866 - secretary
30024 C - 01-e4
a l �_