LC Paving and Sealing, Inc. Faithful Performance Bond CIP20-12 CMGP00003775DocuSign Envelope lD: 05'1 D7A38-34BA-48F1 -A88F-8D223C8C62C0 Bond No.: CMGP00003775
Premium: $11,715.00
Executed In Three (3) Originals
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, County of Riverside, State of California, by minute
action passed D?C. 2, .10-"t has awarded to LC paving & Seating, Inc. hereinafter designated
as the "Principal",a COntfaCt fOf COnStfUCtiOn Of the Ctp 20-12 Adams Avenue Street Improvements*
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 LC & Sea Inc.AS
Principal, and Argonaut Insurance Company a corporation organized and existing
under the laws of the State of Illinois 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 sf Eight Hundred rwenty one* Dollars ($821,463.20 ),
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 allthe 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 shall become nulland void, otherwise 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
*Phase 2
**Thousand Four Hundred Sixty Three Dollars and 20/100
DocuSig n Envelope I D : 05 1 D7A38-3ABA-48F 1 -A88F -BD223CBC62C0
Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may served u poNP latth rESS
and upon S rety at thi SS:Insurance Company, c/o CMGIA
20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364
lN WITNESS WHEREOF, three (3) ldentical 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 28th 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.
LC Inc.
Prin
ut Insurance Com
Surety
r,
&
By
6
AGKNOWLEDGMENT
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 San Diego
o^ Drfiiltc( tA, 711-0 before me,Marisa Haas, Notary Public
(insert name and title of the officer)
personally appeared lose A. Salinas
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.
I,@,,,
A{ARISAANN HAAS
Notary Public - California
San Diego Countv
Commission s 2306519
zz
Comm. Expires Sep 24, 2023
Signature (Seal)
)
WITNESS my hand and official seal.
COVID-l9 PERFORMANCE BOND NOTICE RIDER
This Rider is executed concurrently with and shall be attached to and form a part of Bond
No.: CMGP00003775
WHEREAS, on or about the_, day of
LC PAVING & SEALING, INC.
(hereinafter called the "Principal"),
G
entered into a written agreement with
of Menifee
(hereinafter called the "Primary Obligee")
the Adams Avenue Street lmprovements Phase 2, CtP No. 20-12
for the construction of
(hereinafter called the "Contract"); and
WHEREAS, Principal and Argonaut Insurance Company (hereinafter referred to as
"Surety") have agreed to execute and deliver this Rider in conjunction Bond No.: CMGP00003775
WHEREAS, the BOND has been required and/or requested by the OBLIGEE during a
national epidemic or pandemic. In response, the federal, state, and local governments have issued
stay-at-home and/or emergency orders in order to protect public health.
WHEREAS, this RIDER is created, effective, and issued contemporaneously with the
term of the BOND, and the SURETY and PRINCIPAL rely upon the effectiveness of this RIDER
and the incorporation of its interpretation of the terms and obligations of the BOND at the
beginning of its term as an inducement to its agreement of the terms and obligations of the BOND
WHEREAS, quarantine procedures have been issued by the appropriate governmental
authorities in the interest of public health to reduce or prevent the epidemic or pandemic.
WHEREAS, as the orders and actions of the government are ever-changing, no party can
adequately predict how the Bonded Project may be affected. Accordingly, any delays, costs
increases, labor shortages, availability of materials, or any other event hindering the performance
of any parry's contractualduties caused by or related to the epidemic or pandemic are unforeseen
at the time of formation of the contract.
The SIIRETY's bonded obligations under the BOND are clarified by this RIDER, or to
the extent necessary, modified as follows:
In the event of any delays, cost increases, labor shortages, availability of materials,
or any other event hindering the performance of any parfy's contractual duties
caused by or related to any epidemic or pandemic, the SURETY agrees to cooperate
with the PRINCIPAL and the OBLIGEE to assist with the completion ofthe contract
COVID-l9 PERFORMANCE BOND NOTICE RIDER
and comply with any and all directives from federal, state, and local authorities to
maintain to the public health.
The BOND has been issued during an epidemic or pandemic, but the specific
impacts, delays, defaults, or damages relating to the pandemic on the performance
of the contract are unknown to the SURETY, OBLIGEE, and PRINCIPAL and are
unforeseen at the time of formation of the BOND.
The SURETY agrees to assist all parties to mitigate any potential damages on the
Project. The parties' duty to mitigate has not been abridged. The SURETY will
comply with all federal, state, or local governmental guidance regarding the
performance of the contract and the protection of public health and that of their
employees.
If performance of the OBLIGEE's and/or the PRINCIPAL's obligations under the
contract becomes impracticable as caused by or related to the effects of any epidemic
or pandemic and/or related governmental orders, the SLIRETY's obligations
hereunder are likewise deemed impracticable. Impracticability is defined as the
existence of a fact or circumstance which makes the performance of the duty to be
unfeasibly difficult or expensive. The standard for unfeasibility is whether
performance is commercially unreasonable.
If the contracts, agreements, or other documents require notice from the
PRINCIPAL and/or the SURETY regarding epidemic or pandemic related impacts
on the Bonded Project, the OBLIGEE is deemed to have sufficient notice upon
receipt of this RIDER.
Except as herein modified, the Bond shall be and remains in full force and effect.
SIGNED AND DATED THIS 28th day of October 2020
Argonaut Insurance Company (SURETY)
N ame: Stephanie Hope Shear
Title: Attorney-in-Fact
J
2.
4.
5
COVID-lg PERFORMANCE BOND NOTICE RJDER
Bond No.: CltlGP00003775 ArgOnaut InSuranCe Company Premium: $11,715.00
Deliveries Only: 225W. Washington,24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX78246
POWER OF ATTORNIEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State
oflllinois and having its principal office in the County ofCook, Illinois does hereby nominate, constitute and appoint:
Gabriella Gradv. Shilo Lee Losino. Steohanie Hooe Shear. Elizabeth Santos. Stacev Garcia. Matthew Dionisio
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity ifmore than one is named above, to make, execute, seal and deliver for
and on its behalfas surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
s I 5.000.000.00
This Power of Attomey is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
Argonaut Insurance Company :
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each ofthem hereby is
authorized to execute powers ofattomey, and such authority can be executed by use offacsimile signature, which may be attested or acknowledged by any
officer or attorney, ofthe Company, quali$ing the attorney or attorneys named in the given power ofattomey, to execute in behalfof, and acknowledge as
the act and deed ofthe Argonaut Insurance Company, all bond undertakings and contracts ofsuretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 8th day of May,2017 .
Argonaut Insurance Company
SEAL by
%cr*
fi*u*'rn.rr\yura
z
STATE OF TEXAS
COT]NTY OF HARRIS SS
Joshua C. Betz, Senior Vice President
Onthis 8th day of May,2017 A.D., before me, aNotary Public of the State of Texas, in and forthe County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he acknowledged the execution ofsame, and being by me duly sworn, deposed and said that he is the oflicer ofthe said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal ofsaid Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said corporation, and that Resolution
adopted by the Board ofDirectors ofsaid Company, referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set rny hand, and affixed my Official Seal at the Coun[ of Harris, the day and year flrst above written
(Notary Public)
I, the undersigned Oflicer of the Argonaut Insurance Company, Illinois Corporation, do hereby certiry that the original POWER OF ATTORNEY of which
the foregoing is a fuil, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 28th day of October 2020
f*
James Bluzard , Vice President-Surety
SEAL
t9r8
*
IF YOU IIAVE QUESTIONS ON AUTHENTICITY OT:'III,IS DOCUMENT CALL (833) 820 - 9137
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