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1999-1109_KAISER FOUNDATION HEALTH PLAN INC_Fax Transmittal Bond Release I facsimile. TRANSMITTAL to: David W. Mallik A 3 06T6# fax #: 949-863=0800 fictX re: Letter regarding release of Performance Bond No.04-0120-06136-98-1 and copy of released bond date: November 9, 1999 pages: 4 including cover sheet. From the desk of... Dawn M.Schanderl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 Fax: (949)493-1053 . G .I s' 32400.PASEO ADELANTO r, • • %ft yffi, MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 0 JCOHN CAMPBELL .0 � � JOHN GREINER (949)493-1171 � - mtomiteito WYATTHART , (949)493-1053(FAX) ' ss,Inssni 1961 GIL JONES 1776 DAVID'M.SWERDLIN • • ( 1 • CITY MANAGER egliftwitypi 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 Plan 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, /C,(11AkA.M.M9A-C&AL 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" V• , • JAN 2 2 1998 9 i THE AMERICAN INSTITUTE OF ARCHITECTS RELEASED DATE INITIALS �/� rr/ Bond No. 04-0120-06136-98-1 S/MA f 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 (Name 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 Six Hundred Twenty One --00/'x.0 ($478,621.00) Modifications to this Bond: None See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: ( •rate Seal) Company: (Corporate Seal) The Whiting—Turn ont`f ting y United States i -1i�t an• ranty Company Signature: , %�_�/ /� /��,.1� Signa . e: / N. and tle • Name and ills: Irian E Wilcox, Attorney—in—Fact STEPHEN P. DUF;�{ ^ ��ff tdQnt (Any additional signatures dppearCbrf j (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 (4111) 237—Q7SS - 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 • . `yl ` . 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 therefor 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 it's address described in Paragraph 10 the Surety proceeds as provided in Subparagraph 4.4, below that the Owner isconsidering declaring a and the Owner .refuses the payment tendered or the Contractor Default and has requested and attempted Surely 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 time to perform the Con- elects to act under Subparagraph 4.1, 4.2, or 4.3 above. structionaive Contract, but such an agreement shall not then the responsibilities of the Surety to the Owner waive 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 Contract. formally terminated the Contractor's right to complete the Owner under the ConstructionCntractTo the limit 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 Contract, the Surety is obligated without duplication for: Subparagraph 3.1: and 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 _ 4,2 Undertake to perform and complete the Con- 7 The Surety shall not be liable to the Owner or 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 for execution 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 tine,, 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 Q THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2 • } • 4 ) • 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: • • 1 (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.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 A312-1984 3 1642519 .. " °United States Fidelity and Guaranty Company tf F+G• Power of Attorney / US No.'407418 . 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 Car 1 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 Attorney(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 of the Company in its business of guaranteeing the fidelity of persons:guaranteeing the performance of contracts:and executing orguaranteeing 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 ,A.D.19 97. , • United States Fidelity and Guaranty Company, / 1I (Signed) BY �� �'elistit Vice President • (Signed) By i ..Lc41.A....s_ State of Maryland) .� ssistant Secretary Baltimore City ) t s' � f` ��}} 9 On this 5th day of February ,A.D.19 9 ',lotefore me perso ,IlyQ a Gary A.Wilson,Vice President of United States Fidelity end Guaranty'Company,and Thomas E.Huibregtse,Assistant Secretar�af id Company,with bo Gen I am personallya .?ainted,�who being by me severally duly sworn, said,that they,the said Gary A.Wilson and Thomas E.Huibr wee respectively the V'isl?fe, dent and the Assi tlq 1etary of the said United States Fidelity and Guaranty Company,the corporation described in and -r ted the foregoin. '.,er Attomey,that th ew the seal of said corporation:that the seal affixed to said Power of Attorney was such corporate seal, �as so affixed by o ",c�.the Board of Director ration,and that'they signed their names thereto by like order as Vice President and Assistant Secnati*,F6pectively,of the %,:� -'9 My Commission expires the 1st day of A _11` tf A.D.19 9 � �'.'`;.� (Signe :BY ;. r E , -- . '.. . .. Z4.A(.. .1.4,. o, 11&.:1_',:.! 5;:t' hor� % C }• tary Public) aua �t Oq C` . This Power of Attorney is granted Under and by giit1gAty of the following Resolutions adopted by the Board of Directors of the United States Fidelity end Guaranty Company on September 24,1992: Q 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 Powells)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 forththerein,any such,Power of Attorneyor 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 end 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 0 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 0 ./1 Assistant Secretary , 3 1886 . $ Ate FS 3(12/95) 0 .