Hardy and Harper, Inc. Faithful Performance Bond CIP21-12 7664379DbcuSign Envelope lD: D01A763F-852F-42,A1-B80E-45C19326B704
THE FINAL PRETVIIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
This bond was issued in three (3)
original counterparts
PERFORMANCE BOND Bond No. 7664379
Premium: $3,375.00
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, County of Riverside, State of California, by minute
action passed U"t.1,1.b'?,b has awarded to Hardy & Harper, lnc. hereinafter designated
as the "Principal", a Contract for construction of the Hillpointe Resurfacing, CIP No. 21-12
project together with appurtenances thereto, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a
bond for the faithful performance of said Contract.
NOW, THEREFORE, WE Hardy & Harper, lnc.AS
Principal, and Fidelity and Depos it Companv of Marvland a corporation organized and existing
under the laws of the State of ttlinois , and duly authorized to transact
business under the laws of California, as Surety, are held and firmly bound unto the City
of Menifee hereinafter called the Contracting City, in the penal sum of one hundred
percent (100%) of the amount of six Hundred six rhousand and 0oi10o Dollars ($606,000.00 ),
lawful money of the United Stated of America, for payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION lS SUCH that, if the hereby bounded
Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in
all things stand to and abide by and well and truly keep and perform all the undertakings,
terms, covenants, conditions and agreements in said Contract and any alteration thereof,
made as therein provided all within the time and In the manner therein designated and in
all respects according to their true intent and meaning, and shall faithfully fulfill the one-
year guarantee of all materials and workmanship after final acceptance; and shall
indemnify and hold harmless the City of Menifee, its officers and agents, as therein
stipulated, then this obligation shallbecome nulland void, otherwise it shallbe and remain
in full force and virtue.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the Contract Documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the Contract Documents or of work to be performed thereunder.
No final settlement between the Principal and the Contractor hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
5
DbcuSign Envelope lD: D01A763F-852F-42A1-880E-45C193268704
Notices, papers and other documents required by Chapter 2 of Title 1 4 of Parl2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may be served upon Principal at this address:Hardv & Harper, lnc.
32 Rancho Circle, Lake Forest, CA 92630
and upon Surety at this address: Fidelity and Deposit Company of Maryland
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 on the sth day of october ,
202O
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.
&I nc.
Principal
l4ur Vice President
Fidelity and Deposit Company of Maryland
Surety
By
Dwight Reilly, Attorney-in-Fact
By
Mi
6
GALIFORI{IA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189
!tL-l. ft)
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 qranse
On October 5.2020 before me,Ashlie Blanchard. Notarv Public
Date
personally appeared
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/s|€/they executed the same in
his/her/tlrcir authorized capacity(ies), and that by his/hxr/their signature(x) on the instrument the person(*),
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.
WITNESS my hand and official seal
ASHLIE BLANCHARD
coMt!!. #2279550
Notary Public-California
ORANGE COUNTY
My Comnr. Expires March 3,2023 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this secflon 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) Glaimed by Signer(s)
Signer's Name:Signer's Name
E Corporate Officer - Title(s)I Corporate Officer - Title(s)
Here lnsert Name and Title of the Officer
Ary blanotIL
E Partner - tr Limited E General
tr lndividual E Attorney in Fact
E Trustee E Guardian or Conservator
flOther:
Signature
E Paftner - tr Limited E General
tr lndividual E Attorney in Fact
E Trustee E Guardian or Conservator
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
d'r*rL
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 Oranqe )
On October 5,2020 before me,Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwiqht 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 official seal.oo(
Signature ,\(7 (Seal)
Melissa Ann Vaccaro
MELISSA ANN VACCARO
coMM. #2241394
Notary Public-California
ORANGE COUNTY
May 12,
Bond No. 76643'79
ZURICH AMERJC.{N INSL'RA"\CE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY
FIDELITY AND DEPOSIT COMPANY OFMARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZUzuCH AMERICAN INSURANCE COMPANY, a corporation olthe State of
New York. the COLONIAL AMEzuCAN CASUAITY AND SURETY COMPANY, a corporation of the State ollllinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set lorth
on the reverse side hereofand are hereby certified to be in full force and effect on the date hereol; do hereby nominate, constitute, and appoint
Daniel HUCI(ABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG,
Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal
and deliver, for, and on its behalfas surety. and as its act and deed: any and all bonds and undertakings. and the execution ofsuch 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 acknowledged by the regularly elected officers of the ZURICH AMEzuCAN INSURANCE COMPANY
at its otfice in New York, New York.. the regularly elected officers of the COLOMAL AMERICAN CASUALTY AND SURITY
COMPANY at its office in Owings Mills, Maryland., and the regularly elected olficers of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND at its office in Owings Mills, Maryland.. in their own proper persons.
The said Vice President does hereby certiry that the extract set fbrth on the reverse side hereofis a true copy ofArticle V, Section 8, of
the By-Laws of said Companies, and is now in lorce.
IN MTNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and alfixed the Corporate Seals of the said
ZURICH ANIERICAN INSURANCE COMPANY, COLONIAL AMERICAN C.{SUALTY AND SURETY CONIPANY, ANd
FIDELITY AND DEPOSIT CONIPANY OF MARYLAND, this l5th day of Januatv. A.D. 2020.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELTTY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County ofBaltimore
On thrs l5th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualitied, Robert
D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals af'fixed to the preceding instrument are the Corporate Seals of said Companies, and that the said
Corporate Seals and the signature as such officer were duly alAxed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTMONY WHEREOF, I have hereunto set my hand and alIxed my Official Seal the day and year tirst above written.
C""..i.-"-A.;$*"^4^/
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2023
,-ffiffi@
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Atticle V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President. or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalfofthe Company, and may authorize any officer or any such
aftorney-in-tbct to affix the corporate seal thereto; and may with or without cause modiry of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SIIRETY COMPANY, and the FIDELITY AND DEPOSIT COMPAI.IY OF MARYLAND, do hereby certiry that the foregoing
Power of Attorney is still in full force and effect on the date of this certificate; and I do further certifu that Article V, Section 8, of the By-
Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by l'acsimile under and by authority of the following resolution of the Board of
Directors ofthe ZURICH AMEzuCAN INSURANCE COMPANY at a meeting duly called and held on the 15th day ofDecember 1998.
RESOLVED: "That the signature ofthe President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by lacsimile on any Power of Attorney...Any such Power or any certilicate thereof bearing such
f'acsimile signature and seal shall be valid and binding on theCompany."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLOMAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors olthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the l0th day of May, 1990.
RESOLVED: "That the lacsimile or mechanically reproduced seal of the company and lacsimile or mechanically reproduced signature of
any Vice-President, Secretary. or Assistant Secretary of the Company. whether made heretolore or hereafter. wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY W}IEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies.
this 5th day oL lctober
-,-z,n-
'B;w4il-Jf.*
Bv Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBIVIIT A COMPLETEDESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOURCONTACT
INF'ORMATIONTO:
Zurich Surety Claims
1299 ZurichWay
Schaumburg, IL 60 196-1056
www.reportsfblaims@zurichna. com
800-626-4s77
lge8