Loading...
Onyx Paving Company, Inc. Material and Labor Bond CIP21-15 07966638Thls Bond was issued rn three (3) ldentraal counlerpans PAYMENT BOND (Bond for Labor and Material) KNOWALL MEN BYTHESE PRESENTS: THAT Bond No. 0796638 WHEREAS minute action pa , the City of Menifee SSed l.{rq },1tll-\ in the County of Riverside, State of California, byhas awarded to ony, Pavinq Company, lnc hereinafterdesignated as the "Principal,"a contract for construction of the CIP No 21-15 - Premier/lrenifee Lakes Asphalt Overlay Project project together with appurtenances thereto, and WHEREAS, said Principal is required to furnish a bond in connedion with sard contracl 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 Onvx Pavinq Comoany. lnc. as principal, and Harco National lnsurance Companv as Surety, 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 Erqhl HJnded Fortv Eiohr ThoLsand 8nd O0/100 DOllars ($ $848,000.00 , lavvful 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, admintstrators, successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION lS SUCH THAT if said principat, 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 Califomia 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 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 recerved, 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 bondand 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 Tifle 14 ol part 2 of code of civil Procedure, or by any other law, regulation, or requirement of the contract may be served upon Principa I at this address Onyx Paving Company. lnc. 2890 E La Cresta Ave Anaheim CA 92806 and upon Surety at this address: Harco National lnsurance CompanY 2400 East Katella Ave., Suite 250,Anaheim. CA 92806 lN WTNESS 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 7thdayof ltlav ,2021 , the name and corporate seal ofeach corporateparty being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Onyx Pavino Comoan v, lnc. Principal Surety // By ruM Kerissa Ricciardi,ey-in-Fact By Harco Natonal lnsurance Companv ACKNOWLEDGMENT State of California County of Orange ) On before me, Tanis Zavala, Notary Public (insert name and title of the officer) personally appeared Kerissa Ricciardi 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 PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I WITNESS my hand and official seal. Signature TANIS zAVALA CommE lon { 2320021 NoLry Pubk - Cahlom€ oRANGE County My Corm ExOr$ JAN 28, 2024 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certiflcate is attached, and not the truthfulness, accuracy, or validi of that document (Seal) POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Eond # 0796638 KNOW ALL MEN BY ?HESE PRESENIS: That ilARCo NATIONAL INSURANCE COMPANY, a corporation organized and existing under the taws ofthe State of lllinols, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and exisiing under the taws of the State of NewJersey, and having their princlpal offices located reapectively in the citie6 of Rolling Meadow6, llinoi6 and Newark, N;w Jer6ey, do hereby constitute andappoinl ANDREWJ. WATERBURY, KERISSA RICCIARDI, JAMES BALDASSARE, JR,, JEREMY PENDERGAST Santa Ana, CA their true and lawful attorney(s)-ln-facl to execule, 6eal and deliver ior and on its behalf as surety, any and all bond6 and underlaking6. conlracts ofihdemnity and other writing8 obligatory in the nature thereol which are or may be allowed, required or permified by law, 6tatute, rule, regulation, contractor otherwi6e and the execdion of such in6trument(6) in pursuance of the6e presents, shall be a6 binding upon the 6aid HARCO ITIATIONALINSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to att intents and purposes, as ifthe same had been duly executed and acknowledged by their reguiady elected ofriceE at their principat ofllces. This Power of Attomey is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIOELITY INSURANCE COMPANY and i6 0rant6d under and by authority ofthe fotlowing resotution adopted by the Board of Director6 of II{TERNATIONAL FIDELITY INSURANCE COMPANY at a meetinq duly held on the 13h day of December, 2018 and by the Board of DirectoB of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day ot December, 2018. "RESOLVED, that (1) the Chief Executive Oflicer, Presadent, Executive Vice PreBident, Senior Vic€ Pre6ident, Vice pleeident, or Secretary of the Corporation shall have the power to sppoint, and to revoke the appointment6 of, AttomeyE-in-Fact or agent8 with poM/6r and authority a6 defined or limitedin their reBpectlve powers of attomey! and to execute on behalf of the corporation and afiix the Corporation'6 6eal thereto, bonds, ondertaking6, recognizance6, contracls of indemnity and olher written obligationB ln the nature thereol or related thereto; and (2) any sLtch Ofiice15 ofihe Corporation may appoint and revoke the appoinlmenls of joint.control custodianB, agent6 for acceptanca of proce6s, and Attomeys]n-hct with authority to execute waivers and conGents on behalt ofth€ Corporalion; and (3) the Bignature of any such Officer of the Corporatlon and the Corporation's seal may be affixedby lacoimile to any power ot attornoy or ceatification given lor the execution of any bond, undertaking, recognizance, cordract of indemnity or olher writtenobligation in the nature thereof or related therelo, 6uch aignature and 6eals when so u6ed whether horelofore or herealler, being hereby adopted by the Corporalion as the original sionature of 6uch oflicer and the original Beal of the Corporation, lo be vaiid and bindinO upon the Corporation with the 6ameforce and effect a6lhough manually affixed." lN WITNESS WHEREOF, HARCO NATIoNAL INSURANCE COMpANy and TNTERNATTONALFIOELITY INSURAI{CE COMPANY have each executed and attested these pre6ent! on this 316t day of gr66srn6qr, 2616 STATE OF NEW JERSEY County of Essex ...1i:*litrir*iii sell iRi '.1*.rll,iiq.if.j".-? " ' r.F..'Kenneth Chapman Executive Vice President, Harco National lnEurance Company and lnternational Fidelity lnsuaance Company On this 318t day of December, 2018 , beforo me came the individual who ereculed the preceding irctrument, to me personally known, and, beino by rne duly swom. said he is the therein described and authorized officer of HARCO NAIIONAL INSURANCE COMPANY and ll'/TERNATIOIIAL FIOELITY INSURANCE COMPANY; that the .eal6 atfixed to said in8trument are the Corporate Sea16 of eaid Companie6; that the said Corpordte Soals and his 6ignature were duly alffxed by order ofthe Board6 of Directors of 6aid Compsnie8. ,'.lttUflei*;i#iri lN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New JerBey the day and year first above written CERTIFICATION l, the undersigned offcerofHARCO NATIONAL IITSURANGE COMPANY and lI{TERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy ofthe Power of Attomey and affidavit, and the copy of the Seclion6 ofthe By-Laws of 6aid Companies as 6et forth in said Power of Attorney, with lhe orighals on filc in the hfire office of said companies, and that the same are correct transcripts thereof, and olthe whole of the 6aid origanals, and that the $ail Poi€r of Altomey ilas not been revoked and i6 now in full force and efiect. lN TESTIMONY WHEREOF. l have her.gnto sel my hand on this day , May 7th,2021 J^, .1. R Shirelle A. Outley a Notary Public of New Jersey My Commis6ion Expires Aprit 4, 2023 0*w- strt 9(X Y A02699 lrene Martins, A$istaril Secaelary Member companles of IAT lnsurance Group, Headquartered: 702 Oberlln Road, Rateigh, Noith Carollna 2760s STATE OF ILLINOIS County of Cook