Hardy and Harper, Inc. Material and Labor Bond CIP21-01 7663968DocuSign Envelope lD: 51 38127E-AFEA-40E8-958C-2366B54BFFBA
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
PAYMENT BOND
(Bond for Labor and Material)
This bond was issued in three (3)
original counterparts
Bond No. 7663968
WHEREAS, the City of Menifee, in the County of Riverside, State of California, by
minute action passed ArS.5202O , has awarded to 1-ier9y-&-]ielp9l.!-G. hereinafter
designated as the (Principal," a contract for construction of the
KNOW ALL MEN BY THESE PRESENTS: THAT
Murrieta Road Street Resurfacing Project Phase 1, CIP No. 21-01 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. 35 Principal,
and Fidelity and Deoosit Comoanv of Maryland Surety, are heldaa
and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of
onehundredpercent(100%)oftheamountoDollars
($1,195,000.00 ), lawful money of the United States of America, forthe 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: 51 38127E-AFEA-40EE-958C-2366B54BFFBA
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 Principal at this address
32 Rancho Circle, Lake Forest, CA 92630
&H lnc.
and upon Surety at this address : Fidelitv and Deoosit Comoanv of Marvland
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 4th
day of August 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.
Ha &lnc.
Principal
By
e ay
f'Oetity ana Oepo O
Surety
By
act
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 08lO4l2O2O 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) ls/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
Signature
lVelissa Ann Vaccaro
_.a_ __]
IELISSA ANN VACCARO I(
COMM. #2241394 q,
Notary Public-California I
oRANGE couNTY I
y Comm. E\pires M ay 12,2O22
otlr
(Seal)
Bond No. 7663968
ZURICH AMERICAN INSURANCE COMPANY
C OLOI{IAL A.MERJCAN CAS UALTY AIID SURETY C OMPANY
FIDELITY AND DEPOSIT COMPA-NIY OFMARYLATID
POWEROFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of
New York, the coLoMAI AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, 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 forth
on the reverse side hereofand are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint
Daniel HUCKABAY, 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 Attorney-in-Fac! 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 olTicers of the ZUNCH AMERICAN INSTIRANCE COMPANY
at its office in New York, New York., the regularly elected ot'ficers of the COLONIAL AMEzuCAN CASUALTY AND SURETY
COMPAI\rY at its office in Owings Mills, Mar.vland., and the regularly elected officers 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 certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WI{EREOF, the said Vice-President has hereunto subscribed his/trer names and alfixed the Corporate Seals of the said
ZURICH AMERICAN INSURA.NCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COVIPANY, ANd
FIDELITY AND DEPOSIT COVIPAIIY OF VIARYLAND, this 15th 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 this t5th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert
D. Murray, Vice President and Dewn E. Brown, Secretary of the Companies, to me personally known to be the ndividuals 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 affixed 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 afiixed 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 affixed my Official Seal the day and year first above written.
e*"&--r- a.b,r*,+-t
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2023
",--:iffi'.1ijrf;N
1fi4
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-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 attorneys-in-fact with authority to execute bonds. policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to allx the corporate seal thereto; and may with or without cause modiff of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY. the COLOMAL AMERICAN CASUAITY
AND SUR-ETY COMPANY, and the FIDELIry AND DEPOSIT COMPANY OF MARYLAND, do hereby certifr that the foregoing
Power of Attomey is still in full lorce and effect on the date of this certificate; and I do further certiry that Article V, Section 8, of the By-
Laws of the Companies is still in tbrce.
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 ZLTRICH AMERICAN INSL'RANCE COMPANY at a meeting duly called and held on the I 5th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be aflixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such
facsimile 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPAI.IY at a meeting duly called and held on the 5th day of
May. 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the lOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of
any Vice-President, Secretary, or Assistant Secretar,v of the Company, whether made heretolbre 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 WHEREOF. I have hereunto subscribed my name and affxed the corporate seals of the said Companies,
this ,!ft_ day ust 2020
'Bru,4tl**
By:Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETEDESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOURCONTACT
INFOR}{ATION TO:
Zurich Surety Claims
1299 ZurichWay
Schaumburg, IL 60 196-1056
www.reportsfclaims@zurichna. com
800-6264577
lgetEt
CALIFORNIA ALL.PURPOSE AGKNOWLEDGMENT clvlL coDE s 1189
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 August 4, 2020 before me,
Date
personally appeared
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 helslre/they executed the same in
his/herAbeir authorized capacity(iee), and that by his/hrcrltheir 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 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
ASHLIE BLANCHARD
coMM. #2279550
Notary Public{alifornia
Ashlie Blanchard, Notarv Public
Here lnseft Name and Title of the Officer
of
oo(r.
tL l44-h,t ^
E Padner - tr Limited E General
E lndividual E Attorney in Fact
E Trustee E Guardian or Conservator
tr Other:
Signature
Signature of Notary Public
E Partner - I Limited E GeneralI lndividual [J Attorney in Fact
E Trustee E Guardian or Conservator
ORANGE COI.JNTY
Comm. Expires Ma rch 3, 2023
Place Notary Seal Above
OPTIONAL
Though thls section 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: Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
E Corporate Officer - Title(s):E Corporate Officer - Title(s)
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
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