IE General Engineering, Inc. Material and Labor Bond CIP19-03 SU1172595Bond No. SU 1172595
AIA Document A3l2
Payment Bond
any anguLr E{.r.6 ro corrnctd, Surity, om or ds p.ny .rdt b. cqrd.rd pluEl rtf,- .pptiqbt.
CONTRACTOR (Name and Address):
IE GENERAL ENGINEERING, INC.
1440 Beaumont Ave., Suite A2-130
Beaumont, CA 92223
SUREry (Name and Principal Place of Business)
Arch lnsurance Company
300 Plaza Three
Jersey City, NJ 07311
Mark D. Leskanic, Attorney-in-Fact
OVVNER (Name and Address)
City of Menifee
29844 Haun Road
Menifee, CA 92586
CONSTRUCTION CONTRACT
Date:
Amount: Five Hundrcd Soven Thousand One Hundred Fifteon and NO/100 Ooltals ($507,115.00)
Description (Name and Location):
CIP No. 19-03 - Antelopo Road Raised Safety Modian lmprovements
BOND
Date (Not earlier than Construclion Contract Date):
Amount: Five Hundred Seven Thousand One Hundrod Fifteen and NO/l00 Oollars (9507,115.00)
Modifications to this Bond: None X See Page 6
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal)
INEERING. INC.
COMPANY (Corporate Seal)
IF, CENtr Arch lnsurance om pan]
Signature
Name and
L
(Any additional signatures appear on page 6)
fu nrz (, 0--.h
FOR INFORMATION ONLY-Name. Address and Telephone
AGENT OR BROKER:
SURETY BOND PROFESSIO'{ALS, It{C.
205 Unlon St, 2nd Flool
Natlck, t A 01760
O\ /NER'S REPRESENTATIVE (ArchitBc{,
Engineer or other party):
AIA DOCU EllT A3l2 PERFORXA||CC 6OllO Al{O PAYIEIIT BOIIO DECEIBER tgta ED' AlAe
THE ATERICAI{ I SNTWE OF ARCHIIECTS, 17'6 iIEW YOAK AVE., N,W., WASHII{<iTON, D.C. 2O0I'6
THIROPR|TNNG.I/IARCH I'I7 4312-1984 4
THE AMERICAN INSTITUTE OF ARCHITECTS
COMPANY:
Signature:
Name and
'1. The Contractor and the Surety, .iointly and severally,
bind themselves, their heirs, executors, administrators,
successors, and assigns to the Owner to pay for labor.
materials and equipment fumished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2. yvith respect to the Owner, this obligation sha be
null and void if the Contraclor:
2.1 Promptly makes payment, directly, or indirecty,
for all sums due Claimants, and
2.2 Oefends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by anyperson or entity whose claim, demand, lien or suit is
for the payment for labor, materials, or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens, or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.3. Wth respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, direclly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direcl
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contraclori
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days afrer having last
performed labor or last fumished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
malerials were furnished or supplied or for
whom the labor was done or performed; and.2 Have elther received a rejection in whole or
in part from the Contractor, or not received
within 30 days of turnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indireclly; and.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notic€ thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
wriften notice fumished to the Contractor.
5, lf a notice required by Paragraph 4 is given by the Owner to
the Contractor or to the Surety, that is sufficient compliance.
6. Vvhen the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.6.2 Pay or anange for payment of any undisputed
amounts.
7. The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contracl and to satisfy claims,
ifany, under any Construclion Performance Bond. By
the Contraclor fumishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Conlracl are
dedicated to satisry oUigations of the Contractor and
the Surety under this Bond, subiecl to the Owne/s prior-
ity to use the funds for the completion of the vyork.
9. The Surety shall not be liable to the Owner, Claimants
or others for obligations of the ContEctor that are unrelat-
ed to the Construstion Contract. The Owner shall not be
liable for payment of any msts or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otheMise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11. No suit or action shall be commenced bya Claimant
under this Bond other than in a court of competent juris-
diclion in the location in which the work or part of the
work is located or after the expiralion of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the tast
labor or service was performed by anyone or the last mate-
rials or equipment were fumished by anyone under the Con-
struciion Contract, whichever of (1) or (2) first occurs. lf the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Aclual receipt of notice by Surety, the
Owner or the Contraclor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
'13. Vvhen this Bond has been fumished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA OOCUIIENT A3'2 PERFORTIANCE 6OND ANO PAY EI,IT BOI{O DECEMBER 1'A' ED.. AIAO
T+IE AMERICAN iNSNTUTE OF ARCXITECTS, 1735 I|EIV YORI( AVE,, N.IY,. IYASHINGTON, O,C. 2Oq'6
IHIRO PRINNNG. IIARCH II37
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14. Upon request by any person or entity appearing to be a
potential beneficiary oI this Bond, the Contractor sha
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15. OEFINITIONS
15.1 Claimant An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contraslor to furnish labor, materials or equip
ment for use in the performance ofthe Contracl The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
Construction Contracl, architeciural and engineering
services required br performanc€ of the work of the
Contractor and the Contractois subcontradors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiclion where the labor, materials
or equipment were furnished.
15.2 Construclion Contrac{: The agreement between
the Owner and the Contrador identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
1 Amend paragraphs 4.1 and 4.2.3 deallng with notice to the surety by addingattheend
of each paragraph "and furnished to surety an explanation of the claim and copies of
documents on which the Claimant relies to support the claim."
2. Amend paragraph 5 by changing "or" to'and'so it reads
5. lf a notice required by paragraph 4 is given by the Owner to the Contrac{or and
to the Surety, that is sufficient @mpliance.
3. Paragraph 6 above is deleted in its entirety and the lollowing is substituted in its place:
6. Vvhen the daimant has satisfied the conditions of paragraph 4 and has
submitted any additional supporting documentation, and any sworn proof of
claim, requested by the Surety, the Surety shall, within a reasonable period of
time, which shall not be less than 45 days. respond too the Ctaimant and otfer to
pay or anange for payment of any undisputed amount, provided, however, that
the failure of the Surety to fully and/or timely discharge its obligations under this
paragraph or to dispute or identiry any specific defense to all or part of a claim
shall not be deemed an admission of liability by the Surety or otherwise constitute
a waiver of any rights or defenses the Contractor and/or Surety may have or
acquire as to such claim, including, without limitation, any right to dispute such
claim. ln no event shall the Surety's liability to any claimant under this Bond
exceed the sum properly due such claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACT AS PRINCIPAL
Company:(Corporate Seal)(Corporate Seal)
Signature:
Name and
Address:
Srgnature:
{)Lrz-eil.n.
Name and Title:
AddressD
AIA DOCUMENTAlI2 PERFORMA'{CE BONOANO PAYTIENT BOND OECEIIBER 1S' EO. AIAQI-'
TIIE AMERICAN IIISNTUTE Of ARCHITECIS, 1755 NE9' YORX AVE., I,I.lv,, WASHINGION, D,C. 20006
THIRO PR|iNNG. {ARCH I!I7
A3r2-1984 6
SURETY
Company:
Individual Acknowledgment
State of J
county of
-)
On this day ol 2021, before me personally came
Notary Public
Principal Acknowledgment
State of
)ss
On this day of 2021 , before me personally
came to me known and who being by me duly swom, did depose
and say that he is the ol . the corporation described in
and which executed the above instrument: that he knows the seal of said corporation. that the
seal affixed to said instrument is such corporate seal; that it was so affixed by order ofthe Board
of Directors ofsaid corporation, and that he signed his/her name thereto by like order.
My commission expires_
Notary Public
Surety Acknowledgment
State of Massachusetts
) ss:
County of Middlesex
On this day o!__ , 2021, before me personally came Mark D. Leskanic to
me known, who, being by me duly swom, did depose and say that he/she is an attorney-in-
fact of Arch Insurance Company the corporation described in and which
executed the within instrument; that he knows the corporate seal of said
corporation; that the seal affixed to the within instrument is such corporate seal, and that
he signed the said instrument and affixed the said seal as Attorney-in-Fact by
authority of the Board of Directors of said corporation and by authority of this office under
the Standing Resolutions thereof
My commission expires 3/l/2022
A LEIGH ANN
(W"*m:#::
\l/ Marrh r l
E HAYNIE
MASSACHUS€TIS
rurr Exprres
) ss:
@:: [:,ffiH,:lf,Y:il:;:ffi f ,:"i:",;:?';:iJ#
executed the same
My commission expires_
County of I
Notary Public
;
ARCH INSURANCE COMPANY
STATEMENT OF FINANCIAL CONDITION
DECEMBER 31,2O2O
Cash in Banks
Bonds owned
Stocks
Premiums in course of collection
Accrued interest and other assets
Total Assets
Reserve for losses and adjustment expenses
Reserve for unearned premiums
Ceded reinsurance premiums payable
Amounts withheld or retained by company for account of others
Reserve for taxes, expenses and other liabilities
Total Liabilities
Surplus as regards policyholders
Total Surplus and Liabilities
By:Attest
Executive Vice President, Chief
Financial Officer and Treasurer
$
$
b
$
$
$
$
$
$293,990,621
3,620,730,816
653,208,881
525,571,487
593,248 584
_$_1,6!qJg0,lg9_
s2,577,386,588
946,480,428
377,159,781
170,'189,032
483 nao 562
4,554,285,393
1 132 464 997
__q!,6!9ff9.9!9_
fur a,,G*t---
County of )
Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and
Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn,
of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct
statement of financial condition of said company, as of December 31' 2020.
Subscribed and rn to before me, this B ary ot \lorsh, 000)
State o0 rra-l
QE
trn
Executive Vice President,
General Counsel and Secretary
I
Ion E).6s June:7. 2m4
BAFNARA A. I.IE
Nolary Public, Stare ol New Jo.seyCnmmi.<r.s ,5l}1On54
Notary P lic
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