LC Paving and Sealing, Inc. Faithful Performance Bond CIP21-09 CMGP00005171WHEREA9-, the.City of Menifee, County of Riverside, State of California, by minute
action passed E\\612\ has awarded to LC paving & Sealing, lnc. hereinafter
designated as the "Principal", a contract for construction of the Murrieta Road and sun cityBlvd. Traffic signal lmprovement Project, clp 21-09 project together with appurtenances
thereto, and
Bond No.: CMGP00005171
Premium: $11,695.00
Executed in Three (3) Originals
PERFORMANCE BOND
KNOWALL MEN BY THESE PRESENTS: THAT
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said Contract.
THE CONDITION OF THE OBLtcATtON tS 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 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 null and 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 flnal settlement between the Principal and the Contractor hereunder shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
NOW, THEREFORE, we LC Paving & Sealing, lnc. as principal, and Argonautlnsurance company a corporation organized and existing under the laws of the State oflllinois, 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 thepenal sum of one hundred percent (100%) of the amount of Eight Hundred NineteenThousand Four Hundred sixty Nine and 59/100 Dollars ($819,469.89), 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.
4
- Notices, papers and other documents required by chapter 2 of rifle 14 of parl2 ofcode of civil Procedure, or by any other law, regulation, or requirement of the contract maybe served upon Principal at this address: 620 Alpine way, Escondido, cA 92029 and uponsurety at this address: c/o cMGlA, 20335 ventura Blvd., ste 426, woodland Hills, cA 91364
IN wTNESS wHEREOF, three (3) identical counterparts of this instrument, each ofwhich shall for all purposes be deemed an original thereof, have been duly executed by thePrincipal and Surety herein named on the 4th day of January , 2oi2. The name andcorporate seal of each corporate party being hereto affixed, and these presents duly signedby its undersigned representative pursuant to authority of its governing body.
LC Paving & Sealing, lnc.
620 Alpine Way
Escondido. CA 92029
Principal
Argonaut lnsurance Company
By L By
Ste n ope Shear, Attorney-i ct
5
C/O CNiIGIA
20335 Ventura Blvd., Ste. 426
Woodland Hills. CA 91364
S u rety
tt I /in
ACKNOWLEDGMENT
State of California
County of San Diego )
On \nnunfrl 6,Zr;t,?.-.before me,Marisa Haas, Notary Public
personally appeared Jose 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.
IAARISAANI{ HAAS
Itotrry P!birc - Crltfornia
San Drelo Co!nry
Com lr!ion,2306519
Lly Comm. Erptrer Sep 24, 2O2l
Sig (Seal)
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
validi of that document
)(insert name and title of the officer)
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 ofBond
No.: CMGP0000517l
LC PAVING & SEALING , tNc.
(hereinafter called the "Principal"), entered into a written agreement with
City of Menifee
(hereinafter called the "Primary Obligee,,) for the construction of
the Murrieta Road and Sun City Boulevard Tratfic Signal lmprovement Project, CIP 2l -09
(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.: cMGp00005171
WHEREAS, the BOND has been required and/or requested by the OBLIGEE during a
national epidemic or pandemic. ln 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 PRNCIpAL rely upon the effectiveness of this RIDER
and the incorporation of its interpretation ofthe terms and obligations ofthe 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 govemmental
authorities in the interest olpublic health to reduce or prevent the epidemic or pandemic.
WHEREAS, as the orders and actions ofthe 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
ofany party's contractual duties caused by or related to the epidemic or pandemic are unforeseen
at the time of formation ofthe contract.
The SURETY'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 perfbrmance of any party'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 of the contract
COVID.I9 PERFORMANCE BOND NOTICE RIDER
WHEREAS, on or about the_, day of
l.
7
4
and comply with any and all directives f-rom 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 ofany epidemic
or pandemic and/or related governmental orders, the SURETy,s obligations
hereunder are likewise deemed impracticable. Impracticability is defined as the
existence of a fact or circumstance which makes the performance olthe 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 OBLICEE 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
SIGNE,D AND DATED THIS ltn day of January . 2022 .
Argonaut lnsurance Company (SURETY)
L]
n*atn
1 itle
anie Ho Shear
Attornev-in-Fact
COVID.l9 PERFORMANCE BOND NOTICE RIDER
3.
5.
Bond No.: CMGP00005I71 Premium: 511,695.00
Argonaut Insurance Company
Deliveries Only:.225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 46901I, San Antonio, TX78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That lhe Argonaul Insurance Company. a Corporalion duly organi/-€d and cxisling underthe laws oflhc Stalc
of lllinois and having its principal office in the Counly of('ook, Illinois does her€by nominarc, constilu(e and appoinr:
Cabriella Cradv- Shilo Lee Losino- Stephanie llopc Shear. Elizabelh Sanlos. Slaccv Carcia. Matthew Dionisio
Their true and lawfii agent(s) and aftomey(s)-in-fact. each in thet separale capacity ifmore lhan one is named lbovg !o mtke, erecute, seal and deliver for
and on its b€halfas surety, and as its act and deed any and all bonds. contracts, agreements ofindemnity alld oderurdenakings in suretyship provided,
however. that the penal sum ofany one such instrumcnt executed hereunder shall nol exceed the sunr of:
sr 5.000.000.00
This Power ofAnomey is granted aid is signed and sealed under and by the authority ofthe following REsolution adopted by the Board of Direclors of
Argonaut Insumnce Company:
"RESOt,VED, Thal rhe Presidenl, Senior Vice Prcsidcnt. Vice Presidcnt. Assisfanl Vice Presidenl, Secrctary. Treasurer and each ofthem hereby is
authorized to execute powers ofattomey. and soch aulhority can be executed by use offacaimile signanrrc. which nray be attested or acknowledgcd by any
officer or attomey. ofthe Company, qualifying the atlomey or atlorneys named in the given power of attomcy, to exccule in behalfol and acknowledSe as
lho act and deed ofthe Argonaut Insurance Conpany. all bond undertakings and contracts ofsurelyship, and to aflx Ihe corporale seal thercto."
lN WITNESS WI.IEREOF, Argonaut Insurancc ( onlpa[y has caused ils omcial seal to be hercLrnto all]xcd and lhese presenls lo be signed by ils dul]
auihorized officer on the lst day oflune, 2021 Argonaut lnsurance Conrpany
...':it*#{.e.,
idisser-iF!? Gl lea! -: a:i' ,.,trnop.- t-r'
a.,,",.i...,.."'
(
Joshua C. Betz , Senior Vice President
2@
-r*drnr'l-t*."*U"'
'z
by
STATE OF TEXAS
COI'NTY OFHARRIS SS
On this lst day ofJune, 2021 A.D., bofora mc, a Notary Public ofth{) State of Texas, in and for the Counly of Harris. duly commissioned and qualified,
camc TtlE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and omcer dcscribed in, and who cxecuted the preccding
insrrument, and he acknowledged thc execulion ofsanrc, and being by me duly swom, deposed and said that he is the omcer ofthe said Company atbresaid.
and lhal lhe scal aflixed to the preceding instrumcnt is the Corporate Seal ofsaid Company, and lhe said Corporale Seal and his signature as officer were
duly affixed and subscribed lo tfu said instrumcnl by the authority and direction ofthe said corporalion. and lhat Resolution adopted by the Board of
Dircclors ofsaid Comprny, rcferred to in lhe precedinS inslrunrent is now in force.
IN TESTIMONY WHEREOF, I have hereunlo ser my hand. and alllxed my Omcial Seal at thc County oflianis,lhe day and year firsl above writlen
l, the undersigned OfIcer ofthe Argonaut Insurance Company. lllinois Corporation, do hereby cerlify thal lhe originalPOWEROF ATTORNEY ofwhich
the foregoing is a full, true ard conecl copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed lhe Seal of said Company, on the ]{[ day of-January ,2022
JamesBluzard VicePresidenl-Suretv
<ATI{.€EN M T/lE€l<S
NC'TAFIY "IJBLICsTA'rE OF re xa.sMY coirM e,<? O1115.25NOTARY tO 567eO?-8
lF YOU HAVE QUESTIONS ON AUTHENTICtTI' 'lF TlltS DOCtIMENT CALL (833) 820 - 9137
SEA
caltFoRNla alL-puRposE acKr{owLEDGMEt{T Ctvtl coDE s 1r89
A notary public or other officer completing this certilicate verilies only the identity of the individual who signed the
document to which this certificale is attached, and not the truthfulness, accuracy, or validity o, that document.
State of California
County of
On
Los Angeles
JAI 04 m2 belore me,Lucas Patterson, Notary Public
Date
personally appeared
Here lnseft Name and Title of the Officer
Stephanie Hope Shear
Name(s) of Signer(s)
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^heir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s),
or the entity upon behaff of whlch 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.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Docum ate:
Number of Pages: _ Signe(s) Oiher Than Named Abo
Capacity(ies) Claimed by Signer(s)
Signer's Name:igner's Name
E Corporate Officer - Title(s)f Corporate Officer - Title(s)
nPartner- tr Limited trGen
the docum
! lndividual! Trustee
ll Attorn
tan or Conservator
EPartner- ! Limited ! Generalf lndividual f Attorney in Factf Trustee I Guardian or Conservator
tr Other:
Signer ls nting:
I Other:
Signer ls Flepresenting
020'14 National Notary Association . www.NationalNotary,org . 1-800-US NOTARY (1€0G87ffi827) hem #5907
)
)
Signature
Title or Type of Document: