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Hardy and Harper, Inc. Faithful Performance Bond CIP21-01 7663968L' rcusign Envelope lD: 51 3Bl 27E-AFEA-40EE-95BC-2366B54BFFBA This bond was issued in three (3) original counterpartsTHE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT PERFORMANCE BOND Bond No. 7663968 Premium: $6,226.00 KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Menifee, County of Riverside, State of California, by minute action passed Atq.h,SCnn has awarded as the "Principal", E Contract for construction fe Hardy & Harper, lnc. hereinafter designated Of the Murrieta Road Street Resurfacing Project Phase '1 , CIP No. 21-O'l 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, 6pd Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of lllinois , 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 Dollars ($1, 1 95,000.00 ), 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. "One Million One Hundred Ninety-Five Thousand and 00/100 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 allwithin 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 shall become null and void, othenrise it shall be 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 !)ocuSign Envelope lD: 51 381 27E-AFEA-40EE-958C-2366B54BFFBA Notices, papers and other documents required by Chapte r 2 oi Title 1 4 of Part 2 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 & Ha rper, lnc 32 Rancho Circle, Lake Forest, CA 92630 and upon Surety at this address: Fidelitv and Deposit Companv of Marvtand 777 South Fioueroa Street. Suite 3900 Los 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 4th day of 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. &H , lnc. Pri I V.P Fidelity and Deposit Company of Maryland Surety By 14i Rv #. 6 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 0810412020 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared who proved io me on the basis of satisfactory evidence to be the person(s)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 MELISSA ANN 4i& , uaccano I coMM. #2247394 q, Notary Public-California P ORANGE COUNTY I! 'My Comm. Lpires May 12,2022 Signature (Seal) Melissa Ann Vaccaro Bond No. 7663968 ZTIRICH AMEIIICAN INSUIIANCE COMPANY COI,ONIAL AMERICAN CASI.IAI-'tY AND STIRE'IYCOMPANY ITIDEI,I'TY AND DEPOSI'I' COMPANY OF MARYt,AND POWEIT OFA'I'TOITNI'Y KNOW ALL MllN llY llIESE l']RllSllN'fS: That the ZtJRICII AMflltlCAN INSLJRANCII COMPANY, a r:orporation olthe State ol' New York, the COt.ONlAl, AMllltlCAN CASUALTY ANI) Sl.JltET'Y COMI'}ANY, a corporation olthe State ol'lllinois, antl the Irll)trt.lTY AND DEPOSIT COMPANY OF MARYLAND a corporatiun olthe State o1'lllinois (herein collectively called thc "Companies"), by I{obert D. Murray, Vice President, in pursuance ol'authority granted by Artiole V, Seclion 8, of the lly-l.aws ol'said Companies, which are set lbrth on lhe reverse side hereoland are hereby oertifled to be in full fbrce and efI-ect on the date hereof, tlo hereby nonrinate, constitute, and appoint Daniel ll[ICKABAY, Dwight llEll,l,Y, Arturo AYAI,A, Shaunna IlOZEl,l,li OSTROM, l'rank MOllONllS, Ben SI'ONG, Michael D. STONG and ll. NAPPI, all of Orange, Calilbrnia, IIACI I its true and lawftl agent and Attorney-in-l"act, to nrake, execute, seal and deliver, fbr, and on its behalfas surcty, ancl as its act and deed: any and all bonds and undertakings, and the execution ol'suoh bonds or undertakings in pursuance olthese presents, shall be as binding upon said Cornpanies, as lully and amply, kr all intents and purposes, as il they had been duly execuled and acknowledged by the regularly eleoted oflicers ol the ZUI{lCIl AMERICAN INSURANCTI COMPANY at its oftice in New York, New York., the regularly elected olflcers of the COLONIAL AMEI{ICAN CASUAI.I'Y AND SLJItIl'l-Y COMPANY at its ollice in Owings Mills, Maryland., and the regularly eleoted olfioers olthe FIDELITY ANI) DIIPOSI'I'(IOMPANY Ol. MARYI-AND at its offlce in Owings Mills, Maryland., in thcir own proper persons. The said Vice President does hereby certily that the extract set fbrth 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 WI'INESS WllHl{llol,', the said Vioe-President has hereunto subscribed his/her nanres and alllxed the Corporate Seals ol'the said ZT,IITI(]II AMI'IIICAN INST)RANCB (]OMPANY, COI,ONIAI, AMERICAN CASI.]AT,'I'Y ANI) SIIIIBTY COMI'ANY, ANd FIDEI,ITY AND DEPOSI'I' COMPANY Ol,' MARYLAND, this l5th day olJanuary, A.D. 2020. A't"t'ES't': ZT]RICH AMERICAN INSTIRANCE COMPANY COI,ON IA L AM ER I ('AN CASUA I,'I'Y AN D SU RIj''I'Y COM PANY !-IDE LI'I'Y AN D DEPOSII' (]OM PANY OI' MARY I,ANI) By: Roberl D. lt'lurray l,'ice Presidenl ,;,-.tr. 16atu,t.. ,{l ''&I, rtr,t By: Dawn E. Brown Secretary State of Maryland (-'ounty of llaltimore On thts l5th day of January, A.D. 2020, before the subscriber, a Notary Publio of the State of Maryland, duly cornmissioned and qualitied, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Cornpanies, to mc personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution ofsame, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company afbresaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Cornpanies, and that the said Corporate Seals and the signature as such ofticer were duly aftixed and subscribed to the said instrument by the authority and direction of the said Corporations. lN I'ESTIMONY WLIEREOF, I have hereunto set my hand and aftixed nry Of'ficial Seal the day and year first above writtcn. A'-"Ic-"-(a.l}*-.t.^/ Constanoe A. f)unn, Notary Public My Comnrission Expires: July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8. Attornevs-in-Fact. 'l-he Chief Executive Officer, the President, or any Executive Vice President or Vice l)resident nray, by written instrument under the attested corporate seal, appoint aftomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations. undertakings, or other like instrurnents on behallolthe Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any tirne." CERTIFICATE I, the undersigned, Secretary of the ZI.JRICII AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASTJALTY AND STJRETY COMPANY, and the FIDF.I.ITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the turegoing Power of Attorney is still in lull force and effect on the date olthis certificate; and I do further certily that Article V. Section 8, of the By- Laws of the Companies is still in force. 'l'his Power of Attonrey and Certificate may be signed by facsirnile under and by authority of the following resolution of the Board of Directors olthe ZURICII AMERICAN INS(.IRANCE COMPANY at a rneeting duly called and held on the l5th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistanl Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereolbearing such facsimile signature and seal shall be valid and binding on theCompany." l'his l\lwer of Attorney and Certificate tnay be signecl by lacsimile under and by authority of the following resolution of the lloard of Direckrrs of the COLONIAI, AME.RICAN CASLJALTY AND StlRUlY COMPANY at a nreeting duly called and held on the 5th day of May, 1994. and the lollowing resolution olthe Eloard oll)irectors olthe FIDlll.l'fY nND I)tll'OSIT COMPANY OF MARYL^ND at a nreeting duly called and held on the lOth day olMay. 1990. RESOI.,VED: "'Ihat the lacsimile or rneohanically reproduced seal of the cornpany 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 certified copy of any power of attorney issued by the Cornpany, shall lre valid and binding upon the Company with the same force and effect as though manually aflfixed. IN'I'ITSTIMONY WIJEItE,OF, I have hereunto subscrihecl my name and alfixed the corporate seals o[the said Cornpanies. this '[h-_ day o ust 2020 'B;xrttl,*r* By:Brian M. llodges Vice l'resident TO RDPORT A CLAIM WITH REGARD TO A SIIRETY BOND, PLEASE SUBMIT A COMPI,ETEDESCRIPTION OF TtIE CLAIM INCT,TIDING TI!E PRINCIPAL ON THE BOND,'I'HE BOND NTIMBER, AND YOURCONTACT INFORMATION TO: Zurich Surety Clairns 1299 ZurichWay Schaumburg, lL 601 96-1056 www.reportsfblaims@zuriclxra.com 800-626-4577 1eeolri GALTFORNTA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 r ffi 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 On Orange Auoust 4. 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(x) is/ae subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tbeir authorized capacity(ies), and that by his/hrr/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 officialseal My Comm. Erpires March 3,2023 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this 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: Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name: E Corporate Officer - Title(s)I Corporate Officer - Title(s): auIL E Partner - tr Limited E General E lndividual n Attorney in Fact E Trustee fl Guardian or Conservator Signature I Partner - tr Limited E General E lndividual E Attorney in Fact E Trustee E Guardian or Conservator E Other:E Other: Signer ls Representing:Signer ls Representing @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 ) )