Hillcrest Contracting, Inc. Material and Labor Bond CIP20-11 7664352DocuSign Envelope lD: 03888F36-50E3-4E 1 0-8A1 F-388866E56FC3
EXECUTED IN THREE COT]NTERPARTS BoND #7664352
PREMIT]M: INCLI]DED IN
PERFORMANCE BOND
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City of Menifee, in the County of RivgggldQ-.$tpte of California, by
minute action passed (l+.'7rpo-ra, has awarded to EdfifHft-"'c.n-ug,-ruc.hereinafterdesignated as the "Piincipal," a contract for construction of the
CIP 2G-I1 SOTTA,IEIIIIffi ROAD SIDEI.IALK PRCIIECT project together with appurtenances
thereto, and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract providing that if said principal, or any of his or its subcontractors shall fail to pay
for any materials, provisions, provender, or other supplies or equipment used in, upon, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set
forth;
NOW, THEREFORE,we HILLCREST CONTRACTING, INC.as Princi pal,
and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Su rety, are held
and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of
one hundred percent (100%)of the amount **llars
($ +oo.aor.:o ), 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.
** FOUR HI]NDRED SIXTY THOUSAND T'OUR HI]NDRED SIXTY-ONE DOLLARS AND THIRTY CENTS
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: 03888F36-50E3-4E10-8A1F-38BBti6E56FC3
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 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: HTLLCREST coNTRACTING, rNC.
1467 CIRCLE CITY DR., CORONA, CA 92879
and upon Surety at th is address: FTDELTTY AND DEPoslr coMPANY oF MARYLAND
C/O ZURICH NORTH A}IERICA
1299 ZURTCH WAY
SCHAIMBIIRG, IL 60T96
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 lsr
day of ocroBER 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.
HILLCREST CONTRACTING, INC.
Principal
By
&nn I,FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety
By
CHARLE FLAKE A -FACT
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 101112020 before me, Erin Sherwood , Notary Public,
Date lnsert Name of Notary exactly as it appears on the official seal
CALIFORNIA ALL.PU RPOSE ACKNOWLEDGMENT
personally appeared ncer Flake
ERIN SHERWOOD
coMM. #2292388
NOTARY PUBLIC . CALIFOFNIA
ORANGE COUNTY
MY COMM EXPIRES JULY 06. 2023
CJ)
T
who proved to me on the basis of satisfactory elidence.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 capaclty(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 official
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Thouoh the information below is not required bV law, it may prove valuable to persons relying on the document" and could prevent fraudulent'removal and reattadhment of the form to another document.
Description of Attached Document
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Title or Type of Document:
Document Date: Number of Pages
Signer's Name:
E lndividual
Signer's Name
E lndividual
n Partner n Limited n General
n Attorney in Fact
I Trustee
! Guardian or Conservator
! Other:
Signer is Representing
! Corporate Officer-Title(s):_ ! Corporate Officer
-Title(s):tr
tr
n
n
n
Partner n timiteo fl General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Top of thumb here
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
RIGHTTHUMBPRINT
OF SIGNER
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 Riverside
On October 07, 2020 before me,A. Gutierrez, Notary Public
(insert name and title of the officer)
personally appeared Glenn J. Salsbury
who proved to me on the basis of satisfactory evidence to be the whose name is/are
subscribed to the within instrument in
his/h erlthe ir authorized capacity(ip6
personf1,or the entity upon behalf
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
t
.t
Signature (Seal)
)
executed same
the instrument the
the instrument.
rL
-1
ZTiRICI I AI\t ERICAN INSTIRANCI' (]O\I PAN\'
(]OI-ON IAI, A]\t ERICAN CAST]"tLI'\' AN D SI I IIE'TY CO]\I PAN\'
FI DIILI'I'\' AN D DEPOSTT (lol\l PANY OF ]\ti\RYl-AN I)
POWER OF'ATTORNEY
KNOW ALL MEN I]Y 1.}IESE I,RESENTS: IhaI thc ZURICH AMT]RICAN INSI.JRANCIT COMPANY. A COTPOTAIiON OI.the StAtE Of.NEW
York, the COLONIAL AMERICAN CASUALI'Y AND SUREI'Y COMPANY, a corporation of the Sratc ol'Illinois. and thc FIDEt.tl'Y
AND DEPOSI'f COMPANY OF MARYt,ANf) a corporation of lhe State ol Illinois (here in collcctively called thc "Companies")' by
Robert D. Murra1,, \rice Prcsittent, in pursuance of authority granted by Article V. Scction 8, of the B1'-l,arvs of'said Cornpanics. rvhich are
set lorth on the rcversc sitle hcreol'and arc herebl certilied to be in full lbrce and ellbct on the datc hcreol', do herehl'nominate, constitute.
and appoinr Charles L. FLAKE, David L. CULBERTSON, Lexie SHERWOOD and Spencer F-LAKE' all of Anaheim'
California, EACll, its true and larvful agent and Attorney-in-Fact, to make, execule, seal and delivcr, for. and on its bchallas surety. and as
its act and deed: any antl all bonds and underlakings, and the execution of such bonds or underlakings in pursuance of these presents.
shall be as binding upxrn said Companies, as ltlly and amply, to all intents and purposes. &s ilthey had been dull'exccuted and acknorvledged
by rhe regularly elected ot'licers olthe ZURICH AMERICAN INSURANCE COMPANY at its ot1ice in Nerv York. Ncrv York., the regularly
elected officers ol'the COLONIn l. AMIIRICAN CASUALTY AND SURITI'Y COMPANY at its ofllce in Ou'ings Mills, Maryland.. and the
regularly elected of'llcers olthe FIDEI-I]'Y AND DDPOSIT COMPANY OIr MARYI-AND at its ofllce in Orvings Mills. Maryland., in their
own proper persons.
The said Vice President does hereby certity that the extract set lorth on the reverse side hereofis a true copy olArlicle V, Section 8' of
the By-Laws of said Cornpanies, and is nou'in force.
IN WITNI]SS WHEREOF, the said Vice-President has hereunto subscribed his/her names and al'lrxed the Corporate Seals of thc said
ZT]RICII AMI'RICAN INS(IRANCE COMPANY, COLONIAL AI\IERICAN CASTIAI,TY AND SI]RETY CON{PANY, ANd
FIDELITY AND DEPOSIT CON{PAN}'OF i\tAR}'LAND, this 7th day olJune. A D.2019.
ATTEST:
ZI.]RICH A1\IERI(]AN INST]RANCE COMPANY
COLON IAL AI\tERICAN (]ASTIA LTY AND SUREI'\' CO]!TPANY
I'IDELITY AND DEPOSII'CONTPANY OF MARYI,AND
By: Robert D. l|urray
l'ice President
By: Dav,n E. Brown
Secrelary
State of Maryland
County of Baltimore
On this 7th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vicc Presiient rnd Dawn E. Brown, Secrettry of the Companies, 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 srvom, deposeth and saith, that he/she is the said olficer of
the Company aforcsaid, and that the seals affixed to the preceding instrument are the Corporate Seals ofsaid Companies, and that the said Corporate Seals and
the siBnature as such officer were duly at'fixed and subscrrbed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrrtten.
q-"L"^- a-.b,^^^..J
Constance A. Dunn, Notary Public
My Commission Expircs: July 9, 20 I9
$l*i;,,:.ii' ) :l:'.,r'- / .(, is -':, ;'. ttrr"tt "SS4;;ll,rt:li"
1 c9t
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V, Section 8, Atlomevs-in-Fact. 'l'he (lhie{'llxecutive Olllcer, the Prcsident. or anl lixecutive Vice Prcsidcrrt or Vicc President
may, bl writlen instrument under the attesled corporate seal, appoint atkrrneys-in-fhct with authorit) to cxecute bonds, policics.
recognizances. stipulations. undertakings. or other like instruments on behalfofthe Company. and may aulhorize any ofllccr or any such
attorne)'-in-fact to al]'ix the corporale seal therelo: and may rvith or rvithout cause modifi,ol'revokc an1'such appointrncnt or authority at anv
time."
CERTIFICATE
I. thc undersigned, Vice President ol the ZURICII AMERICAN INSURANCE COMPANY. the COI-ONIAI. AMERICAN
CASUAI-TY AND SURETY COMPANY, and the FIDI:LI'[Y AND DEPOSIT COMPANY OF MARYLAND, do hcreby certily that the
foregoing Porver of Attorney is still in f'ull forcc and eflbct on the date ol'this ccrtillcate; and I do further certily thal Article V. Section 8, ol'
the By-Larvs of the Companies is still in lbrce.
l-his Pouer of Aftorney and Certillcatc may be signed by facsimile under and b1'authoritl'of thc lbllou'ing rcsolution ol'the Board ol'
Directorsof the ZURICI{AMERICAN INSURANCECOMPANYatamectingdulycalledandhcldonthe l5thdayof Dccembcr 1998.
RESOI.VED: "That the signature olthe Presidenl or a Vice President and the attesting signature ola Secretary or an Assistant SecretaD'
and the Seal olthe Company may be aflixed by facsimile on any Power of Attome),...Any such Porver or any certificate thereolbearing such
facsimile signature and seal shall be valid and bindingon the Company."
'l'his Power of Attorney and Certificate rnay bc signed by facsitnile under and by authority of thc lbllorving resolution ol-the Board ol'
Directors of thc COLONIAL AMERICAN CASLJALTY AND SURETY COMPANY at a meeting dull'called and held on lhe 5th day ol
May, l994.andthelollorvingresolutionoftheBoardof DirectorsoltheFlDEl-ITYANDDEPOSITCOMPANYOFMARYLANDaTa
meeting duly called and held on the lOlh dal olMay, 1990.
RESOLVED: "That the lacsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
ofany Vice-President, Secretary, or Assistant Secretary ofthe Company, whether made heretolore or hereafter. wherever appearing upon a
certified copy of any porverof attomef issued by the Company. shall be valid and binding upon the Company'u,ith thc same lbrce and effect
as though manually affixed.
IN I'ESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals olthe said Companies,
this lsr day gf octouer 2020
B;,;4l'y-
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 ZurichWay
Schaumburg, IL 60 196-1056
www. repoft s fc l ai m s(azurich n a.com
800-626-4577
leea