Loading...
Ferreira Construction Co., lnc. dba Ferreira Coastal Construction Co. Material and Labor Bond CIP13-03 47SUR300088010530PAYMENT BOND (Bond for Labor and Material) KNOWALL MEN BY THESE PRESENTS: THAT Bond No 47-SLIR-300088-01-0530 WHEREAS, the City of Menifee, in the County of Riverside, State of California, by minute action passed_,has awarded to t"hereinafter designated as the "Principal," a contract lor construction of the Holland Road Water. Sewe. & Recycled Waler Utility - C P No. 13-03 project together with appurtenances thereto, and "'Ferreira Construction Co., lnc. dba Ferreira Coastal Construction Co. 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 Ferreira Construction Co., lnc. dba Ferreira Coastal Construction Co.as Principal, and Berkshire Hathaway Specialty lnsurance Company'as Surety, are held and firmly bound unto the City of Menifee, he of one hundred percent (100%) of the amount reinafter called th Seven Hundred FourleenSFVEntv F.rrr n^llrrq An.l e Citv. in the oe Thousa'ni, one Hundred nal sum Dollars $7r4.174.00 ), 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. 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 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 w-ork 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 o1 Pan2 of code of civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address 10370 Commerce Center Drive, Suite 8-200, Rancho Cucamonga. CA 91730 and upon Surety at this address 1314 Douglas Street, Suite 1400, Omaha, NE 68'102 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'6n lhs 7th day Of November 2022 the name and corpo rate seal of each corporate party being hereto affixed and these presents representative pursuant to authority of its governing body duly signed by its undersigned Ferreira Construction Co lnc. dba Ferreira Coastal Construction Co Principal By - xnic/ vic(_ p/6utll E Berkshire Hathaway Specialty lnsurance Company S u rety By Marisol Mojica, Attorney-in-F StUtYlCtr Civil Code of the State of California, Section 'l 188, CERTIFICATE OF ACKNOWLEDGMENT An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. (rNDrvrDUAL) State of California County of Riverside City of Menifee On this day of _, in the year 2-, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subscribed to the within instrument and acknowledged that executed the same. WTNESS my hand and official seal. SEAL Notary Public - State of California (coRPoRATrON) ) ) ) State of California County of Riverside City of Menifee ) ) ) On this _ day of in the year 2_, before me, personally appeared , personally known to me io, prored to'me on @ tne person who executed the within instrumenl as president (or secretary) or on behalf of the corporation therein named acknowledged to me that the corporation executed it. SEAL Notary Public - State of California ss T)tAe fce \ll&61q1,\ol WITNESS my hand and official seal. CALIFORNU\ ALL.PURPOSE ACKI'OWLEDGMEI{T CIVIL CODE S 1180 A notary public or olher otficer completing this certificate verifios only the identity ol the individual lvtlo signed th€ document to which lhis cortilicats is attached, and not th€ truthfulnsss, accuracy, or validity ol that document. State o, Calilornia Counly of San Bernardino on November 08, 2022 ) ) Marla K. Gibbins, Notary Public Herc lnsed Name and ntb ol the qficet Brandon Pensick before m6, Date parsonally app€ared Name(s) of Signe(s) who provsd to m€ on th6 basis of satisfactory evidonco to be the subscribed atsq/rnntr to the within instrument and acknowlodosd to authorizsd capacity(i#), and that by h is/ftrny'et upon behalf of which the personfl) acted, exec wnose nam4/ istay' executed the same in on the instrument the nersonfl me that I or the entity uled the inslrument. I certify und6r PENALry OF PERJUBY under the laws of the Stat6 ol California that the forogoing paragraph is tru€ and con6ct. WITNESS my hand and offfcial s€al. Partner - I- Limitod Ll Genoralt lndividual fl Attomey in Fact L l Truslee tl Guardian or Conservator @.' olary Publt( ' Carlforiia S.n Bernardino CotinrY Commillron f 2364611 Comm. ElPiret JulT' 1025 lrARLA K, GI88II'I5 t Signature Signatura of Notary Public Place Notary Seal Above OPNONAL Though this section is optional, completing this information can deter altention of tha document or fnudulent raattachment ol this fotm to an unintended document. Doocription of Attachod Documont Titlo or Type of Oocument:Document Date: Numb€r ot Pages: Signe(s) Other Than Named Above: Capacity(ios) Claimed by Slgnor(8) Signer's Name:Signsr's Nams: Corporate Officer - Titl€(s): Partner - -l Limited ! G€norallndividual fl Attorney in FactTrustee ! Guardian or Conservator Corporate Officer - Title(s): oth Other: Signer ls Representlng:Signer ls Representing: 02014 Nationa Notary Association ' www.NationalNotary.org . '1-8OO-US NOTARY (1-800-876 6827) ltem #5907 (PARTNERSHIP) On this day of -, in the year 2-, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SEAL Notary Public - State of California (ATTORNEY IN FACT) State of New Jersey County of Morris City of Whippany On this 7th day of November , in the year 2 022 , before me, personally appeared Marisol lroiica , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney in fact of Berkshire Hathaway Specialty lnsurance Company SS ) ) ) and acknowledged to me that he/she subscribed the name of Ferreira Construction Co lnc dba Ferreira Coastal Construction Co thereto as principal, and his/her own name as attorney in fact. WITNESS my hand and official seal SEAL Notary ublic - S of New Jersey Ur6ule Jakublak A Notary Publlc of New Jersey My Commission ExPhos March 8, 2028 ll State of California ) County of Riverside ) ss. City of Menifee ) bE Bcrkshire Hathawav Specidry Insuranci 47-SUR-300088-01-0530 Knowallmenbyth€'ep.esents,lhat@acorporationexi5tin8under and by virtue ofthe laws ofthe state of Nebratka and havinSan office atOne Lincoln skeet, 23rd Floor, Boston, Massachusetts 02111, NATIONAL ll{ DEM NITY COMPAI{Y. a corporatron existing under an d by virtue of the laws of the State of N ebratka and having a n office at 3024 Harney Street, Omaha, Nebraska 58131and I'IATIONAL tlABlL|TY & FIBE I SURAflCE COMPANY a corporation existrng under and byvirrue ofthe l.ws ofthe State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 05902 (hereinafter collectively the "Compa n ies"), porsuant to and by the althoritY Sranted as set forth herein, do here bv na me, constitute and appoint: M-aIsol Moiic.. Kevin t Walrh.lr.- Thomas MacDonald. Xrvsttlt. Stravato.r.clvn Thohas.100 Sooth telf.'son Road. Suite 101. of th. .lty oa whloo.nv. 5tate ot New Jers€y, their t ru€ and la*'ful attohey(s)-inJact to ma ke, etecute, se.l, acknowledte, and deliver, forand on their b€halfas surety and as their act and deed, any and all unde rtakings, bonds, or other ruch wrinnSs obligarory in the n.ture thereoi in pursuance ofthese pr€rents, the executon ofwhich shall be as binding upon the Com pa nies as if it ha s been d u ly signed and executed by their regu lady elected olficeE in their own proper persons. fhls authoritY for th€ Attorn€y-ln-Fact shall be llmited to the rrccution oI the att.ched bond(r) or other such wrltintr obligatory in the nature ln whe5r wh€ reol thi5 Pow€r ofAttorney has been subscribed by an authorized officer ofthe Companies, and the corporate seals of the Companies have b€en atrired herelo this date of December 20,2018. This Pow€. ofAttorney ir made and executed pursuant to and by a utho rity of the Bylaws, Reso lut ons of th€ 8oa.d of Okectors, a nd other Auth ortan ons of A€R(SHIRE HATHAWAY SPECIALTY INSURANCE COMPATIY, NAIIONAL INDEMNIW COMPANY and NATIONA| UAAIUW & FIRE INSURANCE COMPANY, whlch are in fullforce and effect, each reading as appears on the back paSe ofthis Power ofAttohey, respectively. Thefollowing sitn.ture byan aurhoriEd officer of the Company may be a fa.simil€, whi.h shallbe deem€d the €quivalent ot.nd.onrtitute the wrltten signatur€ of such officer of the Compeny for all purpoee. reSardint thir Pow€r ofAttorne, in.ludinS saEstaction of.ny dtn.ture requkements on any and allund€rtakints, bond5, orothersuch writln8s obli8atory in the natur€ thereof, towhich thls Power of Attorn€y aPplies. BERKSH I RE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAI. INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY By By David Fields, Vice President lNotary seall NOTASY St.te of Massachusetts, County ofSuffolk, ssi On this 20th day of December, 2018, before me appeared David fjelde, Executive Vice President ol SERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY ANd ViCE PTESid€Nt Of NATIONAL INDEMNITY COMPANY ANd NATIONAT LIABILITY & FIRE INSURANC€ COMPANY who bein8 duly sworn, says that his capa.ity is as desi8nated above for ruch Companies, that he knows the corporate seals of the Companies, that the seals affixed to the for€8oing anstrument are su€h corporate seals; thatthey were affixed by orderofthe board of directors or other SoverninS body ofsaid Companies pursuant to its Bylaws, R€solutions and other Authorizations, and that he siSned said iostrument in that(apacity ol said Companie5. f'dT/h"o Notary Public l, Ralph Tortorella, the unde6igned, Officer of BERXSHIRE HATHAWAY SPECIAITY INSUBANCE COMPAITY iIATIONAL INDEMNIW COMpA Y and flATIONAL tlABlLlTY & FIRE INSURANCE COMpANY, do her€ by cedfy that the above aad foregoint is a true and correct copyofthe Power ofAttorney executed by said Companies which is in fullforce and effedand has notbeen revoked.IN TESTIMONY WHEREOF, ree hereunto affixed rhe reals of said Companies thir November 7. 2022. .!; t tt ttI E !o :E:{tEtt lhlaiEttto ss ER $E Ealil9i t8t rll:als EA!Ur! l: EC!tl! ', ,a;g .eE E-la.E s,t'tt :E E II i g I Hll fit d!l ll II E 5 t ; 2 I ! I I 6!! E E!! I 5 EI0sLItoEDABYGEOFFE N 202129,Erpk.sMy kt1l Officer Powcr Of Attorne y BERKSHIRE HATHAWAY SPECIATTY INSURANCE COMPANY NATIONAL INDEMNIW COMPANY / NATIONAI. [IABItITY & FIRE INSURANCE COMPANY David Fields, Executive Vice President t BHSTC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V CORPORATE ACTIONS Section 6.(b) The President, any Vice President or the Secretary shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority Siven him. NATIONAL INDEMNITY COMPANY (BY,LAWS) secion 4. Officers, Aqents, and Emplovees: A. The officers shall be a President, one or more Vice Presidents, a Secretary. one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of oirectors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from dme to time by the Eoard of Directorsj and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAI INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL I.IABILITY & FIRE INSURANC€ COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, ARents and Emplovees A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary one or more assistant secretaries. a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or untl a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of di.ecto6. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract .ights. The officers of the Corporation shall have such powers and rights and be charSed with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to 6me by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engaSe, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporahon. NATIONAL LIABITITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSTC, NtCO & NLF POA (2018) EXECUTION OF DOCUMENTS: BERKSHIRE HATHAWAY SPECIALTYIN SURANCE C O M P A N Y 13'14 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS- 12131t2021 Total invested assets $ 6,504,184,299 Premium & agent balances (n 552,510,359 All other assels 142,765,038 Admltted A.3ets -t----i:iEC?5fif 12t3112020$ 5,475.240.588 603,615,506 't57,E97,676 s 6,236,753,770 LIABILITIES & SURPLUS* 12t3112019$ 5,172,183,338 368,086,012 127,524,677.-----556-Eb-r Loss & loss exp. unpaid Uneamed premiums All other liabilities Total Liabllldes Total Policyholderr'Su Total Liabllitler & Surplu. 1213112021 1,142,116,028 484,660,143 1,163,007,684 12J31t2020 92't,923,948 372,836,160 1 ,0r4,922,210 2 349,682,318 3,887.071,452 _9__9!.99J!9JA 12t31t2019 $ 634,745,558 314,117,549 741,73E,458 1,693,601.565 3,974,192.463$ 5.667.794,028 5 s 2.78S,783 855 ' Assets, liabilities and surplus are presenled on a Statutory Accounting Easis as promulgated by the NAIC and/o. the laws of the companys domiciliary slate.