1999-1109_KAISER FOUNDATION HEALTH PLAN INC_Bond Release 4)1'4-
32400 PASEO ADELANTO • I ��J MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 4-R J OLLENE CAMPBELL
.0 � OHN GREINER
(949)493-1171 j I, mLDIPOIatto WYATT HART
(949)493-1053(FAX) • tS'�176E1 1961 GIL JONES
DAVID M.SWERDLIN
• r I� • CITY MANAGER
44111410440./1 GEORGE SCARBOROUGH
November 9, 1999
The Whiting-Turner Contracting Company
300 East Joppa Road
Baltimore, MD 21286
Re: Release of Performance Bond (Kaiser Foundation Health Plane Located at 30400
Camino Capistrano)
Dear Gentlemen:
The work covered by Performance Bond No. 04-0120-06136-98-1 for grading of property
known as Kaiser Foundation Health Plan, 30400 Camino Capistrano, San Juan
Capistrano, California 92675, has been completed to the satisfaction of the Building and
Safety Division of the City of San Juan Capistrano and hereby released:
A copy of the released bond has been enclosed for your records. .If you have any
questions, please do not hesitate to call me at (714) 443-6310.
Very truly yours,
/CAW-0)).)66(1/I-dgit-
Dawn M. Schanderl
Deputy City Clerk
cc: David W. Mallik
United States Fidelity and Guaranty Company (with original bond)
Daniel McFarland, Building Official
• DRUG USE
IS
San Juan Capistrano: Preserving the Past to Enhance the Future
• ;4 EXHIBIT "D" D L•
•
JAN 2 2 1998
.11
THE AMERICAN INSTITUTE OF ARCHITECTS
RELEASED
•
DATE
•
INITIALS I Vi , / /1 Bond No. 04-0120-06136-98-1
1011
[ /4
AIA Document A312
Performance Bond
•
Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Na-ne and Principal Place of Business): •
The Whiting—Turner Contracting Company United States Fidelity and Guaranty Company
300 East Joppa Road 5801 Centennial Way
Baltimore MD 21286 Baltimore MD 21209
• OWNER (Name and Address):
City of San Juan Capistrano
•
CONSTRUCTION CONTRACT
Date: - •
Amount:-Four Hundred Seventy Eight Thousand, Six' Hundred Twenty One ----00/100 ($478,621.00)
Description (Name and Location): Construction of al I on—site grading and on—site
improvements in accordance with Grading Permit No. 37790
BOND
Date (Not earlier than Construction Contract Date): January 20, 1998
Amount: Four Hundred Seventy Eight. Thousand ix Hundred Twenty One --00/.IID ($478,621.00)
Modifications to this Bond: None _ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: ( ) :irate Seal) ;Company: _ (Corporate Seal)
The Whiting—Turn- ont`.l'ting y United States i • lit an• ;• ranty Company
�/ /'`
Signature: ,��. /� /� `� Signa . e:
Name and itle: Na ,e and tle :rias E Wilcox, Attorney—in—Fact
(Any
STEPHEN
dit onal�s signatures dppear On ent
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: 'OWNER'S REPRESENTATIVE' (Architect: Engineer or
other party):
HMS Insurance Associates , Inc.
10751 Falls Road, Suite 256 '
Brooklandville, MD 21022
(41n� 417-4755
AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND •.DECEMBER 1984 ED. •AIA Q
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW.YORK AVE.. N.W., WASHINGTON. D.C. 20006 A312-1984 1
i
.
1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is ,
successors and assigns to the,Owner for the perfor- determined, tender payment theref or to the
•
mance of the Construction Contract, which, is incor- Owner; or
. porated herein by reference.
• • .2 Deny liability in whole or in part and notify
2 If the Contractor performs the Construction Contract. the Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as 6 If the Surety' does not proceed as provided in
provided in Subparagraph 3.1. Paragraph 4 with'reasonable promptness. the Surety shall
be deemed to be in default on this Bond fifteen days
3 If there is no Owner Default, the Surety's obligation after receipt of an additional written notice from the
under this Bond shall arise after: Owner to the Surety demanding ,that the Surety perform
its obligations under this Bond, and the Owner shall be
3.1 The Owner has notified the Contractor and the entitled ,to enforce any remedy available to the Owner. If '
Surety at its address described in Paragraph 10 the Surety proceeds as provided in Subparagraph 4.4,
below that the Owner is considering declaring a and the Owner refuses the payment tendered or the
Contractor Default and has requested and attempted Surety has denied liability, in whole or in part, without '
to arrange a conference with the Contractor and the further notice the Owner shall be entitled to enforce ,
Surety to be held not later than fifteen days after any,remedy available to the Owner. '
receipt of such notice to discuss methods of per-
forming the Construction Contract. If the Owner, the 6 After the Owner has terminated the Contractor's right
Contractor and the Surety agree. the Contractor shall to complete the Construction Contract. and if the Surety
be allowed a reasonable tine to perform the. Con- elects to act under Subparagraph 4.1,4.2, or 4.3 above,
ioContract, but such an agreement shall not then the responsibilities of the Surety to the Owner
waivethe the Owner's right, if any, subsequently to shall not be greater than those of the Contractor under
declare a Contractor Default: and the Construction Contract, and the responsibilities of-the
3,2 The Owner has declared a Contractor Default and • Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract. To the
formally terminated the Contractor's right to complete knit
the contract. Such Contractor Default shall not be of the amount of this Bond, but subject to commitment
declared earlier than twenty days after the Contractor. by the Owner of the Balance of the Contract Price to
and the Surety have received notice as provided in ' mitigation of costs and damages on the Construction
Subparagraph 3.1: and Contract, the Surety is obligated without duplication for:
3.3 'The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the. Contractor for cor-
Contract Price"to the Surety in accordance with the rection of defective work and completion of the
terms of the Construction Contract or to a contrac- Construction Contract:
for selected to perform the Construction Contract-in
• accordance with the terms of the contract with the 6.2 Additional legal, design professional and delay
Owner. . costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the
4 When the Owner has satisfied the conditions of Surety under Paragraph 4: and
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual
4.1 Arrange for the Contractor, with consent of the damages caused by delayed performance or non-
Owner, to perform and complete the Construction performance of the Contractor. ,
Contract; or •
7 The Surety shall not be liable to the Owner or
4.2 Undertake to perform and complete the,•Con- others for obligations of the Contractor that are unre-
struction Contract itself. through its agents or lated to the Construction Contract, and the Balance of
through independent contractors: or the Contract Price shall not be reduced or set off on
account of any such unrelated obligations. No right of
4.3 Obtain bids or negotiated •proposals from action shall accrue on this Bond to any person or entity
qualified contractors acceptable to the Owner for a other than the Owner or its heirs, executors, ad-
contract for performance and completion • of the ministrators or successors.
Construction Contract, arrange for a contract to be
prepared forexecution by the Owner and the con-
8 The Surety hereby waives notice of any change. in-
tractor selected with the Owner's concurrence, to be cluding changes of time, to the Construction Contract or
secured with performance and payment bonds ex- to related subcontracts. purchase orders and other
ecuted by a qualified surety equivalent to the bonds obligations.
issued on the Construction Contract, and pay to the
Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of 'the Con- 9 Any proceeding. legal or equitable, under this Bond may
. tract Price incurred by the Owner resulting from the be instituted in any court of competent'jurisdiction in the
Contractor's default; or location in which the work or part of the work is located
and shall be instituted within two years after Contractor
' 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or
reasonable promptness under the circumstances: fails to perform its obligations under this Bond, whichever
occurs first. If the provisions of this Paragraph are void or
.1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312_1984 2
/
/ Vf�
•
•
•
able to sureties as a defense in the jurisdiction of the Contractor• of any amounts received or to be
suit shall be applicable. - received by the Owner in settlement of insurance or
other clams for damages to which the Contractor is
10'Notice to the Surety, the Owner or the Contractor entitled, reduced by all valid and proper payments
shall be mailed or delivered to the address. shown on - made to or on behalf of the Contractor under the
the signature page. Construction Contract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between
statutory or other legal requirement in the location the Owner and the Contractor identified on the sig-
where the construction was to be performed, any nature page, including all Contract Documents and
provision.in this Bond conflicting with said statutory or changes thereto.
legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal 12.3 Contractor Default: Failure of the Contractor,
requirement shall be deemed incorporated herein. The which has neither been remedied nor waived, to
intent is that this Bond shall be construed as a statutory perform or otherwise to comply with the terms. of '
bond and not as a.common law bond. the Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which
has neither been remedied nor waived, to pay the
'12.1 Balance of the Contract Price: The total Contractor as required by the Construction Contract
amount payable by the• Owner to the Contractor or to perform and complete or comply with the
under• the Construction Contract after all proper ad- ) other terms thereof.
justments have,been made, including allowance to the
•
.
•
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:
AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.•ALA Q
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 A312-1984 3
(e
V 1642519
United States Fidelity and Guaranty Company. II S F+G'
Power of Attorney
No. 107418
Know all men by these presents:That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore,in the State of Maryland,does hereby constitute and appoint Carl W. Schmidt,
Gary A. Pyne, Brian E. Wilcox, Christine M. Kram and Robert F. White
of the City of Brooklandville ,State of Maryland its true and lawful Attomey(s)-in-Fact.each in their separate capacity if more than
one is named above,to sign its name as surety to,and to execute,seal and acknowledge'any and all bonds;undertakings,contracts and other written instruments in the
nature thereof on behalf,ofthe Company in its business of guaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the,said United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly attested by
the signatures of its Vice President and Assistant Secretary,this 5th day of February ,AD.19 9 7. •
1 United States Fidelity and Guaranty Company,
/4 5 ., ,., (Signed) 'By ✓4/07 /2..0 r,
Vice President
4zn Ats+
(Signed) BY 1 --C.------ - --
sistant Secretary
State of Maryland)
SS: I . '
Baltimore City ) • 1�' ��, I
On this 5th day of February ,A.D.19e 9 rAfore me person liCta a ary A.Wilson;Vice President of United States Fidelity and
Guaranty Company,and Thomas E.Huibregtse,Assistant Secreta fs lard Company,with both�Qo7n I am personally .,riainted,who being by me severally duly sworn,
said,that they,the said Gary A.Wilson and,Thomas E.Huibr. Oele respectively the Vi 6 fesddent and the Asti ,.,i' is•etary of the said United States Fidelity and
Guaranty Company,the corporation described in and *t:a: ted the foregoin. -r f Attomey,that th- pew the seal afield corporation;that the seal affixed
to said Power of Attorney was such corporate sell,k.,-avas so affixed by orc=.the Board of Director d"corporation,and that they signed their names thereto by
like order as Vice President and Assistant Secre. ty,respectively,of the .1,`.*:y.
My Commission expires the 1st day of A '1%,.` A.D.19 9
1�°�'..,`,,. (Signed-CkBy T XX, ,- .'.. .t..... ... L .- -/L,
NOTAPT i \ -- -
'�r�vuauc : { ry Public
-it
ir
IThis Power of Attorney is granted under and bKet riof the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 24,1992: '
. Resolved,that in connection-with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to
said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with .
these resolutions.Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the'Chairman,
or the President,or an Executive Vice President or a Senior Vice President,-or a Vice President or an Assistant Vice President.jointly with the Secretary or an Assistant
Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the
seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for`purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or
`certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to,which it is validly attached.
Resolved,That Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued to
them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the
nature thereof,and any such instrument executed by such Attomey(s)-in Fact shall be as binding upon the Company as if signed-by an Executive Officer and sealed and
attested to by the Secretary of the Company.
I,Thomas E.Huibregtse.an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company,
on this 20th day of January ,19 98 . `
,� J Assistant Secretary
• rearm I
\ a► 1896 i ,
FS 3112/96) ,