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Bond - Atlas Underground - 1994-11-18 *Executed in triplicate* Bond No. NBE 026094 Premium =$4 014 00x3cacc Performance Bond APPR• ED AS TO FORM, AT (SR EY � l_ -- KNOW ALL MEN BY THESE PRESENTS. that Atlas Underground Co. Mao mean full name nd add' sit of legal title of Contraotan (3766 Live-Ckak Ave. Chino CA 91710 as Principal, hereinafter called Contractor and, National American Insurance Company (Hate inert tug acne nd addreu or s*dat tits*at Su aryl 5550 W Touhy Ave #400 Skokie IL 60077 as Surety hereinafter called Surety are held and `irmly bound unto Costa Mesa Sanitary District Her nsa run ame nd address le me at C+,an 77 Fair Drive Costa Mesa CA 92628 as Obligee, hereinafter called Owner in the amount of One hundred sixty thousand five hundred sixty two & 00/100 Dollars(3160,562 00 , for the paymen'whereof Contractor and Surety bind themselves,their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. WHEREAS, Contractor has by written agreement dated 11 /18 1994 entered into a contract with Owner for Reconstruction force Main for Elden Pump Station Phase II in accordance with Drawings and Specifications prepared by (Me art full ame nit addr lega at teal I which contract is by refe?ence.made apart hereof, and is hereinafter referred to as the Contract NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are 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 alter- ranged under this paragraph)sufficient funds ation or extension of time made by the Owner. to pay the cost of completion less the balance includ- Whenever Contractor shall be,and declared by of the contract price; but not exceeding, includ- ing,other costs and damages for which the Owner to be in default under the Contract, the Surety may be liable hereunder the amount Owner having performed Owner's obligations set forth in the first paragraph hereof. The thereunder the Surety may promptly remedy the term 'balance of the contract price, as used default, or shall either in this paragraph,shall mean the total amount 1) Complete the Contract in accordance with its payable by Owner to Contractor under the terms and conditions; or Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Con- the amount properly paid by Owner to Con- tractTn accordance with its terms and condi- tions, tractor. and upon determination by Surety of -Any suit under this bond must be instituted the lowest responsible bidder, or, if the Owner before the expiration of one(1)year from the date elects, upon determination by the Owner and on which final payment under the Contract falls the Surety jointly of the lowest responsible due. bidder arrange for a contract between such bidder and Owner and make available as No right of action shall accrue on this bond to or Work progresses (even though there should for the use of any person or corporation other be a default ora succession of defaults under than the Owner named herein or the heirs, exe- the contract or contracts of completion ar- cutors, administrators or successors of the Owner. Signed and sealed this Second day of December 19 94 Atlas Undeig�ound Co. (Witness) (Principal) (Seal) /lee trio(/c, ado._ National Ame=rican ./Insurande Canpany • Li., (SSjrreettt y) (Seal) (Witness) Debra L. Scalzo, Attorney-in- a. ' (Title) *Executed in Triplicate* Bond No NBE 026094 Labor and Material Payment Bond APAR VED AS TO FORM: AT O AlEY F DISTRICT KNOW ALL MEN BY THESE PRESENTS. that Atlas Underground Co. He en II ame no aoaress legal n of Connacton 13766 Live Oak Ave. Chino CA 91 71 0 as Principal, hereinafter called Principal, and, National American Insurance Canpany n lull ame no soar ega tale or Suretyt 5550 W Touhy Ave , #400 Skokie, IL 60077 as Surety hereinafter called Surety, are held and firmly bound unto Costa Mesa Sanitary District ante no attar 3$or egal one of Owners 77 Fair Drive Costa Mesa CA 92628 as Obligee,hereinafter called Owner for the use and benefit of claimants as herein below defined,in the amount of // One hundred sixty thousand five hundred sixt roitaiya,{ 4. 00/1002 OOxxx (Pie nsen um eau to at'e st nrnalt 9 Inc contract or cet 01161 J ♦ b for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 11/18 19 94entered into a contract with Owner 'or (He art a ame soar node sect Reconstruction force Main for Elden Pimp Station Phase II in accordance with Drawings and Specifications prepared by ame oar ega Idle >r p O which contract,is by reference made a part hereof, and is hereinafter referred to as the Contract. C s Form 665 NOW THEREFORE. THE CONDITIONS OF THIS OBLIGATION are such that. if the Principal 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 obligation 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 were furnished, or for whom the work or contract with the Principal or with a Subcon- labor was done or performed.Such notice tractor of the Principal for labor, material, or shall be served by mailing the same by both, used or reasonably required for use in registered mail or certified mail, postage the performance of the Contract, labor and prepaid, in an envelope addressed to the material being construed to include that part Principal, Owner or Surety at any place of water, gas, power light, heat, oil, gasoline, where an office is regularly maintained`or telephone service or rental of equipment the transaction of business, or served in directly applicable to the Contract any manner in which legal process may 2. The above named Principal and Surety here be served in the state in which aforesaid prolect is located, save that such service by jointly and severally agree with the Owner need not be made by a public officer that emery claimant as herein defined, who has not been paid in full before the expiration b) After the expiration of one (1) year fol- of a period of ninety(90) days after the date lowing the date on which Principal ceased on which the last of such claimant's work or Work on said Contract,it being understood, labor was done or performed, or materials however that if any limitation embodied were furnished by such claimant, may sue on in this bond is prohibited by any law this bond for the use of such claimant, prose- controlling the construction hereof such cute the suit to final judgement for such sum limitation shall be deemed to be amended or sums as may be justly due claimant, and so as to be equal to the minimum period of have execution thereon. The Owner shall not limitation permitted by law. be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other 3. No suit or action shall be commenced here- political subdivision of the state in which under by any claimant: the Project or any part thereof, is situated, a) Unless claimant, other than one having a or in the United States District Court for direct contract with the Principal, shall the district in which the Project, or any have given written notice to any two of the part thereof,is situated, and not elsewhere. following: the Principal, the Owner or the 4. The amount of this bond shall be reduced by Surety above named, within ninety (90) and to the extent of any payment or payments days after such claimant did or performed made in good faith hereunder, inclusive of the the last of the work or labor or furnished payment by Surety of mechanics' liens which the last of the materials for which said may be filed of record against said improve- claim is made, stating with substantial ment, whether or not claim for Phe amount of accuracy the amount claimed and the such lien be presented under and against this name of the party to whom the materials bond. Signed and sealed this Second day of December 19 94 I Atlas Underground Co (Prmcrpa)) (Seal) ('Ni(nes$) !� /le(t- Lora at/fie,- IT tie) National Amer- can'Insurance, Company Tourer, ) ' �, (Sean Debra L. Sca:J_zo -, Attorney-4 -Fact Tale) *Executed in triplicate* MAINTENANCE BOND Bond No. NBE 026094 Atlas Underground Co KNOW ALL MEN BY THESE PRESENTS, that we 13766 Live Oak Ave Chino CA 91710 as Principal, anct tional American Insurancewm y a Nebraska corporation, as.Surety are held firmly bound unto Costa Mesa Sanitary District 77 Fair Drive Costa Mesa, CA 92628 as Obligee, in the full and just sum of Sixteen thousand fifty six & 20/100xxx<000coocxxmollars($16,056.20 ` , for the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors,administra- tors,successors and assigns,jointly and severally firmly by these presents. WHEREAS, the said Principal entered into a contract with dated November 18, 1994 fa Reconstruction force Main for Elden Pump Station Phase II APPRO ED AS TO FORM: ATT+lR EY F?? DISTRICT WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one years) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period,and WHEREAS, the said contract has been completed, and was approved on NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if within years) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder then this obligation shall remain in full force and virtue,otherwise this instrument shall be void. Signed and sealed this Second day of December 19 94 Witness: Atlas Underground Co / zic attl tta Ft,nripal g5UOW 1TA Xi an In nce Company Skokie f_ t00l/,l ,ewx %. :ag _ ' ' 41 Debra L.- Scalzo In-r„c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 rt!!!!!/!!Jl.�llll lllll lll/Jll llll!!/Il/!/ll l./lJ/!!.!!I!lllltl/!l!!1!l/!!i1 S S State of California County of Ins Angeles {�1 On December 2 1994 before me, Carol A. Kaplan , `1 DATE NAME,TIRE OF OFFICER E.G. JANE DOE,NOTARY PUBLIC' 1 personally appeared Debra L. Scalzo S NAME(S)OF SIGNER(S) l personally known to me OR © proved to me on the basis of satisfactory evidence 1 1 to be the person(s) whose name(s) is/are k 0 subscribed to the within instrument and ac 0 knowledged to me that he/she/they executed ti APPR9VED AS TO FORM: the same in his/her/their authorized ti 0 . capacity(ies) and that by his/her/their S 0 r signature(s) on the instrument the person(s) 0 ATTAR 4EY ' DISTRICT or the entity upon behalf of which the 1 / person(s) acted executed the instrument. ((0k �d`r- , �. ,, WITNESS my hand and official seal. i,';^-,,;\, CAROL A.KAPLAN 0 0 , NOTARYPUBLC/FF/CSORNIA � � ,�� , 0 � 'tik`' LOS ANGELt:S COUNTY 11 1/y C.0072.o bycts SepI.2.1995 SIGNATURE OF TARY 5 ,� .�o .o.voTw.ry 5 1 S OPTIONAL 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 5 fraudulent reattachment of this form. t\ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Performance, Payment, & Maintenance k ❑ INDIVIDUAL Bond No MBE 026094 t\ ❑ CORPORATE OFFICER 0 1 TITLE OR TYPE OF DOCUMENT 0 TT.E(S) 0 0 ❑ PARTNER(S) n LIMITED 4 pages executed in triplicate — GENERAL S in ATTORNEY-IN-FACT NUMBER OF PAGES R TRUSTEE(S) 1 ❑ GUARDIAN/CONSERVATOR December 2, 1994 5 ❑ OTHER: ` 0 DATE OF DOCUMENT 0 '� SIGNER IS REPRESENTING: 1 NAME OF PERSONS)OR ENTRY(IES) Atlas Underground Co. kNational American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ` 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave. P O.Box 7184 Canoga Park,CA 91309-7184 NATIONAL AMERICAN INSURANCE COMPANY OMAHA, NEBRASKA NUMBER NBE 026094 /PRINCIPAL. NAME. ADDRESS POWER OF ATTORNEl CITY STATE. ZIP ORIGINALS OF THIS PO\%ER OF ATTORNEI ARE PRINTED ON Atlas Underground Co. YELLO\1 SAFETI P\PER WITH BROWN INK. DUPLICATES SHALL 13766 Live Oak Ave. HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONL\ WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL Chino, CA 91 71 0 RNO\\ ALL MEN Bit THESE PRESENTS. That the Natu al Amt Insuranc Cs ipa irpi tit duly irtai ized undc the Tat it th Statc it Nebr ska ha ing its principal mist in the try it Ch ndle Oklah la.pu want n the tolls elution adopted Lis th Bi rd if Di ctars it thc id Ci try the 8th da it Juts 1987 It it. 'Re ,Is ed. that ans sits cr if the Ci many shall have authi nv to matt EFFECTIVE DATE es cute al,/ deliser a Pi cr ii Ant rnev consututint as Atturnc m-Fact, such per ti tr urpomtnns as max. be iected from Li to to lime. December 2, 1 994 Res ifs ed that nothing to thi Power if Atto ey shall be ,trued as nt if CONTRACT AMOUNT autho its n the acorn s)-m-fact to ute, ckn vkd: deli nhe poll it poll of mural ce behalf of Nati al An In Comp: $160,562 OO 000000 oe x Be It Further FL olsed. that the gnature of any officer and the Seal if the BOND AMOUNT Compa max be affixed to any such Power if Attorney or am certificate relating thereto by fax smile,and any such Power of Attorney or certificate bearing such fat S1 60,562 0.=.simile :mature or facsimile seal shall be valid and binding upon the Company and ny such powers so executed and certified by to ile ignature nd fa smile seal shall be and and binding upon the Cot tp the futu with spect to bond $16,056.201aaaac Maintenance and documtno relating to such bonds to which It attached Nan al Ame can Insuranc Company does hereby make. constitute and appoint Debra L Scalzo of Ins Angeles, California APPR*4WD AS TO FORM: Elden PUMP station Phase II aid ATT• R EY FO'DISTRICT its true nd lawful attornev(SI- -fact. oh full po ver nd autho ay hereby nferred in its name, place and stead, is ign ute. ckniwledo id deliver its behalf, and its ct nd deed, as follows The ibh an if thc Compans shall not exc ed one mdl sn I SLOt)O.UTAO.tIDi Jolla And to bind Nan al At In Compa the ebv fulls and to the ame extent if ch bi nds nd do ents relating to such bonds ere fined be the dub, uth, zed ittl it the Nati ial At In uranc Company and ill the cts of td Am rnestsi pu mt to thy uthonty herein en. arc hereby ratified and confirmed IN WITNESS WHEREOF the National American Insurance Company has caused these presents to be igned by any officer of the Company and its Corporate Seal to be hereto affixed. co a:o NATIONAL AMERICAN INSURANCE COMPANY SERI. ,; 147 �e� a/42Y r f~ „ W Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) SS: COUNTY OF LINCOLN I On this 8th da if July A.D. 1987 before me personalh came%V Brent LaGere,to me known. .ho being In me dub sworn,did depose and that he resides the Co untx if Lint dn,State of Oklahoma:that lie is the Chairman and Chief Executive Officer of the National American Ins'rant Company the corporation described in and which xecuted the above instrument:that he knows the seal of said corporation:that the seal affixed to the said instrument is uch corporate seal: that it cis so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order isvca t \ Zi.„u/ Notary Public STATE OF OKLAHOMA SS: . - Nh Commission Expires August 39, 1995 COUNTY OF LINCOLN ) I. the undersigned. As slant Secretary if the Nati nal An an Iiisa ce C impa A Nebraska Co rporati DO HEREBY CERTIFY that the forego int, and attached POWER OF ATTORNE\ remains in full force Signed and Sealed at the City if Chandler Dated the 2nd dax ADece nber 19 94 MSUga 1/ j ` 1 yam/////�/ /[//// '' o Winifred E. Mendenhall, Assistant Secretary a l / --