Hardy and Harper, Inc. Material and Labor Bond CIP21-12 7664379DbcuSign Envelope lD: D01 ,4763F-8 52F -42A1 -880E-45C1 93268704
THE FINAL PREIUIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
PAYMENT BOND
(Bond for Labor and Material)
KNOWALL MEN BYTHESE PRESENTS: THAT
This bond was issued in three (3)
original counterparts
Bond No. 7664379
WHEREAS, thE
minute action passed
designated as the "Principal,"
Hillpointe Resurfacing, CIP No. 21-12
City of Menifee, in the County of
0Ct.1 :Uru, has awarded
Riverside, State of California, by
to Hardy & Harper, lnc. hereinaftera contract for construction of the
project together with appurtenances
thereto, and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract providing that if said principal, or any of his or its subcontractors shall fail to pay
for any materials, provisions, provender, or other supplies or equipment used in, upon, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, we Hardy & Harper, lnc. ?s Principal,
and Fidelity and Deposit Company of as Surety, are held
and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of
one hundred percent (100%)of the amount Six Hundred Six Thousand and 00/100 lars
($606,000.00 ), lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION lS SUCH THAT if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, provender, rented or hired teams, implements, or machinery, or
other supplies or equipment of any kind used, in, upon, for or about the performance of
the work contracted to be done, including, but not limited to, that part of water, gas, power,
light, heat, oil, gasoline, or telephone service directly applicable to the contract, or for any
work or labor thereon of any kind, or for any amounts due under the California
Unemployment lnsurance Code with respect to such work or labor, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Principal and subcontractors pursuant
to Section 13020 of the California Unemployment lnsurance Code with respect to such
work and labor, and provided that any person, so furnishing said supplies or equipment
contributing to said work to be done, or any person who performs work or labor upon the
same, or any person who supplies both work and supplies or equipment therefore shall
have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of the
California Civil Code, as amended, or any successor thereto, then said Surety shall pay
the same in or to an amount not exceeding the amount hereinabove set forth and also
shall pay in case suit is brought upon this bond, such reasonable attorney's fees as shall
be fixed by the court.
The bond shall inure to the benefit of any and all persons, companies, and
corporations named in California Civil Code Section 3181 , as amended, or any successor
DocuSign Envelope lD: D0'1,A763F-852F-42A1-880E-45C193268704
thereto, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration, or modifications of the Contract Documents or
of the work to be performed thereunder shall in any way affect its obligations on this bond
and it does hereby waive notice of such change, extension of time, alteration, or
modification of the Contract Documents or of work to be performed thereunder.
Notices, papers and other documents required by Chapter 2 of Title 14 of Part2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may be served upon PrincipaI at this address. Hardv & Harper, lnc.
32 Rancho Circle, Lake Forest, CA 92630
and upon Surety at this address:Fidelitv and Deoosit Comoanv lVlarvland
777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017
lN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named, under penalty of perjury, on the 5th
day of October 2020 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
Hardy & Harper, lnc.
Principal
President
Fidelity and Deposit Company of Maryland
Surety
Reilly, Attorney-in-Fact
By
By
GALIFORNTA ALL-PURPOSE ACKNOWLEDGMENT CtVtL CODE S 1189
r aca{1)ft)-(Fc&-Rrc-ary\i*^))&AcftR.()ftR
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On OctoberS- 2020 before me,Ashlie Blanchard. Notarv Public
Date
personally appeared
Here lnsert Name and Title of the Officer
of
who proved to me on the basis of satisfactory evidence to be the person(x) whose name($ is/ae
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/tbeir authorized capacity(iee), and that by his/hxr/their signature(x) on the instrument the person(r),
or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALry OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
ASHLIE BLANCHARD
coMM. #2279550
Notary Public-California
ORANGE COUNTY
WITNESS my hand and official seal
My Comm. Expiros March 3,2023 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though thls sectlon is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
E Corporate Officer - Title(s):f Corporate Officer - Title(s):
oou
LL filan
E Partner - tr Limited n General
tr lndividual X Attorney in Fact! Trustee E Guardian or Conservator
Signature
E Partner - I Limited E General
tr lndividual E Attorney in Fact
E Trustee E Guardian or Conservator
E Other:tr Other:
Signer ls Representing:Signer ls Representing
@2014 National Notary Association . www.NationalNotary,org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On October 5,2020 before me,Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwioht Reillv
who 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 acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal r\lELISSA ANN VACCARO
coMM.#224a394
Notary Public4alifornia
ORANGE COUNTY
ooulr
Comm. Expires May L2,2022
Signature Seal)
ssa Ann Vaccaro
Bond No. 7664379
ZTIRICI I AMEIIICAN INSIIIIAN('E (]ON,I PANY
(]OI,ON IAI, A M EIU CAN CAS t IA I,1'Y AN I) St] IIF]'I'Y COIVI PANY
FI DET,I'I'Y AN D DEPOSI'I' COM PANY OI.' NTARYI,AN D
POWER Ol,'A'I'TOIINEY
KNOW ALL MEN BY TIIESU PRESENT'S: That the ZUI{ICIl AMERICAN INSLJRANCE COMPANY, a corporation ol'the State ol
New York, rhe COLONIAL AMIIIIICAN CASLJAI.'tY AND SLJRli'l'Y COMPANY, a corporation of the State ol'lllinois, and the FII)lll.l-lY
AND DEPOSIl'COMPANY OF MAITYLAND a oorporation of the State ollllinois (herein collectively called the "Companies"), by Robert
D. Munay, Vice President, in pursuance ol'authority granted by Article V, Section 8, olthe By-l.aws ol'said Conrpanies, which are set lbrth
on the reverse side hereolarrd are hereby oertitied kl be in firll force and effect on the date hercol, do hereby norrinate, constitute, and appoint
Daniel HUCKAIIAY, Dwight tlElLLY, Arturo AYALA, Shaunna ROZE|,t,E OSTIIOM, t'rank MOltONllS, Ben STONG,
Michael D. S'IONG and R. NAPPI, all of Orange, California, EACII its true and lawful agent and Attorney-in-Far:t, to make, exeoute, seal
and deliver, fbr, and on its behalfas surety, and as its act and deed: any and all bonds and undertakings, and the execution ol'such bonds or
undertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and aoknowledged by the regululy elected oflcers ol the ZUIIICII AMDI{ICAN INSUIIANCII COMPANY
at its offlce in New York, New York., the regularly elected ofllcers ol the COLONIAL AMEI{ICAN CASIJAI,TY AND S(IRETY
COMPANY at its ot'fice in Owings Mills, Maryland., and the regularly elected ot'ticers of the lrll)lil.l'lY ANI) I)IiPOSIT COMPANY OF
MARYLAND at its of'fice in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certifo that the extract sel fbrth on the reverse side hereolis a true copy olArticle V, Section 8, of
the By-Laws of said Companies, and is now in fbrce.
IN WITNESS WIIEREOF, the said Vice-President has hereunto subscribed his/her names antl allxed the Corporate Seals of the said
ZIJRICH AMERICAN INSTJRANCE COMPANY, COI,ONIAL AMBRICAN CAST]AI,'I'Y AND SIIRIi'I'Y COMPANY, ANII
I,-IDELITY AND DEPOSIT COMPANY OIr MARYLAND, this l5th day of January', A.D. 2020.
A't"t'uS'l':
ZT]ItI(]I I AMITIII(]AN lNST]RANCE (]oMPANY
COI,oN IA I, AMERI(]AN (]ASUAI,'I'Y A N I) STIRE'I'T' C()M PANY
I,'l DE l-l'l'Y ANI) I)EPOSI'I (IOM P/\NY Ol.' MA ITY LAND
By: Robert D. Murray
Vice Presidenl
1
qi;1.)a,L'+t L'LYrwr,* -
By: Dawn E. Brown
Secretary
Statc of I\larylantl
('ounty oflJaltinrorc
On this l5th day of January, A.'D.7020, befbre the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert
D. Murray, Vice Prcsident and Drwn E. Brown, Secretrry of the Corrpanies, to me persorally known to be the individuals and offlcers described tn and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is tho said
officer of the Company afbresaid, and that the seals allxed to the preceding instrument are tlie Corporate Seals of said Corrpanies, and that the said
Corporate Seals and the srgnature as such olilcer were duly atlixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed my Oflicial Seal the day and year first above written.
C"^.t.,r.ca-A.l}*^,*{^/
Constance A. Dunn, Notary Public
My Commrssion Expires: July 9,2023
,*':$.il"t';:,,
,i'.;f...,::'' : i,r'iti,i*ff
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact.'l'he Chief Executive Officer, the I)resident. or any lrxecutive Vice President or Vice President
nray, by written irtstrument under the attested oorporate seal, appoint attorneys-in-lact with authority to execute bonds, policies,
recognizances, stipulations, undertakings. or otlrer like instrurnents on behall'oftlre Company, and may authorize any olficer or any such
attorney-in-flact to affix the corporate seal thereto: and rnay rvilh or without cause modily of revoke any such appointment or authority at any
time."
CERTIFlCATE
I, the undersignecl. Secretary of the ZIJI{ICII AMERICAN INSTIRANCE COMPANY, the COLONIAL AMERICAN CASTJAI-TY
AND SURETY COMPANY. and the FIDE,l,ll'Y AND DEPOSIT COMPANY OF MARYI,AND. do hereby certify that the turegoing
I)ower of Attorney is still in lull ftrrce and ell'ecl on the date of this certificatel and I do lurther certily that Article V, Section 8, of the By-
Laws olthe Conrpanies is still in force.
l'his l)ower of Attorney and Certificate rnay be signed by lircsimile under ancl by authority olthe ftrllowing resolution of the Board of
[)ireclors olthe ztjRICFI AM E.l{ ICAN INSTJ RANCIl COM PANY ar a rneeting duly r:alled and held on the I 5th day o I December I 998.
RESOLVITD: "That the signature olthe President or a Vice President and the attesting signature ola Secretary or an Assistant Secretary
and the Seal of the Company rnay be affixed by lacsirnile on any PowerolAttorney...Any such Poweror any certilicate thereof bearing such
fhcsinrile signature and seal shall be valid and binding on theCompany."
'Ihis Power olAttomey and Certificate rnay be signed by lacsimile under and by authority of the lollowing resolution of the Board of
Direotors of the COLONIAL AMERICAN CASLJALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the lollowing resolution olthe Board of Directors olthe FIDEI-ITY AND DEPOSI'I'COMPANY OF M^RYLAND at a
nreeting duly called and held on the lOth day olMay, 1990.
RESOLVED: "l'hat the facsimile or meohanically reproduced seal olthe company and facsimile or mechanically reproduced signature of
any Vice-President, Secretary, or Assistant Secretary of the Company. whether made heretofore or hereafter, wherever appearing upon a
certifiedcopyo[anypowerolattorneyissuedbytheCornpany,shall bevalidandbindingupontheCompanywiththesameforceand effect
as though manually alfixed.
IN TESTIMONY WHE,I{I,OI, I have hereunto subscribed rny name and alfixed the corporate seals olthe said Companies,this_:M_ duy n|Qc!q!el_. 2020
- 8;;xrtt/$y'o*
By:Ilrian M. Hodges
Vice I'resident
TO REPORT A CLAIM WI'I'H REGARD T'O A ST]RETY BOND, PLEASE SUBMIT A COMPLETE DESCRIP'I'ION
OF TtIE CI,AIM INCLTIDING THE PRINCIPAL ON'IlIE BOND, TIIE BOND NTIMBER, AND YOT]RCONTACT
INFORMATION TO:
Zurich Surety Clainrs
1299 ZurichWay
Schaumburg, IL 60196-1056
w\,v\v.reportslclaims@zurichna.conl
800-626-4577
19ea