CITY OF
FAITHFUL PERFORMANCE BOND
MENIFEE CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Street/Drainage $ 559,500.00 Parcel Map CUP 2018-199 Dom Wtr $ 0.00 Other Project No. IP22-045 Forterra
Rec Wtr $ 0.00 Bond No. 30169104
Sewer $ 0.00 Premium $ 1,259.00
WQMP $ 0.00
Total $ 559,500.00
Surety Western Surety Company Principal Contech Engineered Solutions, LLC Address 151 N. Franklin St., 17th Floor Address 26380 Palomar Road City/ State Chicago, IL City/State Menifee, CA
Zip code 60606 Zip 92586
Phone 404-531-3681 Phone 909-630-3490
WHEREAS, the City Council of the City of Menifee, State of California, and Contech Engineered Solutions, LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to IP22-045, which agreements), dated 6/1/2023, is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements).
NOW, THEREFORE, we the principal and Western Surety Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Five Hundred Fifty-Nine Thousand Five Hundred and 0/100 Dollars, ($559,500.00) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreements) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements) or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreements) or to the work or to the specifications..
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreements) is complete, the City of Menifee will accept the work and thereupon, the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreements).
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 1 ., 2023
NAME OF PRINCIPAL: Contech Engineered Solutions, LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Scort D. AsToN
Title: SR.YP-STRUCTURES
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Western Surety Company
AUTHORIZED SIGNATURE:
ts Attorney-in-Fact - Catherine Ogilvie Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
CITY OF
MENIFEE MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Street/Drainage $ 279,750.00 Parcel Map CUP 2018-199 Dom Wtr $ 0.00 Other Project No. IP22-045 Forterra
Rec Wtr $ 0.00 Bond No. 30169104
Sewer $ 0.00 Premium $ Included with performance bond premium WQMP $ 0.00
Total $ 279,750.00
Surety Western Surety Company Principal Contech Engineered Solutions, LLC Address 151 N. Franklin St., 17th Floor Address 26380 Palomar Road City/ State Chicago, IL City/State Menifee, CA
Zip code 60606 Zip 92586
Phone 404-531-3681 Phone 909-630-3490
WHEREAS, the City Council of the City of Menifee, State of California, and Contech Engineered Solutions, LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to IP22-045, which agreements), dated 6/1/2023, is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreements), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreements) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Seventy-Nine Thousand Seven Hundred Fifty and 0/100 Dollars, ($279,750.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shali be and remain in full force and effect. 6/2/2023
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreements) or to the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 1 2023
NAME OF PRINCIPAL: Contech Engineered Solutions, LLC
AUTHORIZED SIGNATURE(S):
By: Name: Scar 3. Ans
Title: SA. VP- STRUCTURES
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Western Surety Company
AUTHORIZED SIGNATURE:
Its Attorney-in-Fact - Catherine Ogilvie Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
6/2/2023
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact, this 1st day June, 2023.
PRINCIPAL: Contech Engineered Solutions, LLC SURETY: Western Surety Company Corku De
BY: BY:.
Catherine Ogilvie - Attorrfey-in-Fact
State of Ohio State of Georgia
County of Butler County of Gwinnett
This instrument was acknowledged before This instrument was acknowledged before me on June 1 . 20 23, me on June 1 -, 2023,
by Jamie K. Minnick _ as by - Catherine Ogilvie _ as
Admin. Assistant of Attorney-in-Fact of
Contech Engineered (Principal. Western Surety Company (Surety).
Solutiens
VOTARY PUBLIC in and for said Count NOTARY PUBLIC in and for said County and State and State
JAMIE KA
OFFICIAL SEAL
JANE L MATTHEWS
NOTARY PUBLIC-GEORGIA
GWINNETT COUNTY
* My Comm. Expires December 15. 2024
COMISION EARED
FEB 1,2028
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Christopher Michael Owens, Catherine Ogilvie, Stephen R Adkins, Individually of Duluth, GA, its true and lawful Attorneys)-in-fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of June, 2021.
WESTERN SURETY COMPANY
SEAL
LOUTH BANG
Paul T. Bruflat, Vice President
State of South Dakota }
ss
County of Minnehaha
On this 22nd day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires M. BENT
March 2, 2026 M. Bent
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this Ist day of June , 2023
SURETT O WESTERN SURETY COMPANY
CORPORAT
SEAL
SOUTH DANOTH 7. Nelson
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
APPROVED FOR BONDS
1-11-22 E.S.
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. CUP 2018-199 DATE: 1/5/2022 IP: IP22-045S
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Street/Drainage $ 559,744.97 $ 559,500.00 $ 279,750.00
*Flood Control $ $ 0.00 $ 0.00
Dom Wtr EMWD $ $ 0.00 $ 0.00
Rec Wtr EMWD $ $ 0.00 0.00
Sewer EMWD $ $ 0.00 $ 0.00
Total 559,744.97 $ 559,500.00 $ 279,750.00
Warranty Retention (10%) $ 55,950.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
Grant Becklund
1/5/2023
Signature Date
Exp. 12/31/23
*
Grant Becklund 23737 12131/2023
Name Typed or printed RCE# Exp. Date DATEOF CALFORD
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.
*** PLEASE READ INSTRUCTIONS BELOW ***
1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
PALOMAR ROAD - 60 FT SECTION Area = 28,222 S.F.
Excavation
1. Projects with Grading Plan for Roadway
Area x 0.50' (hinge point to hinge point) C.Y. $ 25.00 $ 0.00
2. Projects without a Grading Plan Cut (c) = C.Y.
Road area and side slopes to daylight Fill (f) = C.Y.
if balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a), (b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
(a.) Excavate and Fill C.Y. $ 0.40 $ 0.00
(b.) Excavate and Export C.Y. $ 1.10 $ 0.00
(c.) Import and Fill C.Y. $ 2.80 $ 0.00
Asphalt Concrete (144 Ibs/cu.ft) 338.66 TON $ 90.00 $ 30,479.76 2" Thickness in Feet = 0.166666667
Agg Base Class II C.Y. $ 50.00 $ 0.00
Thickness in Feet = 0
Asphalt Emulsion (Fog Seal/Paint Binder) - Ton 600.00 $ 0.00 Area = S.F.
MATTHEWS ROAD - 42' width Area = 59,656 S.F
Excavation
1. Projects with Grading Plan for Roadway
Area x 0.50 (hinge point to hinge point) C.Y. $ 25.00 $ 0.00
2. Projects without a Grading Plan: Cut (c) = C.Y.
Fill (f) = C.Y.
(a.) Excavate and Fill C.Y. $ 0.40 $ 0.00
(b.) Excavate and Export C.Y. 1.10 $ 0.00
(c.) Import and Fill C.Y. $ 2.80 $ 0.00
Asphalt Concrete (144 Ibs/cu.ft) 1,789 TON 90.00$ 161,045.43 5" Thickness in Feet = 0.4166
Agg Base Class I! S.F. 1.108 0.00
:
Thickness in Feet =
Asphalt Emulsion (Fog Seal/Paint Binder) 2.2 Ton 600.00$ 1,325.69 Sawcut Exist. A.C. Pavement L.F. 1.00$
Cold Plane A.C. Pavement 1.5" PALOMAR ROAD 28,222 S.F. 0.50 $ Grinding 19" A.C. and Base, MATTHEWS ROAD 59,656 S.F. 0.80 $ Curb and Gutter (Type A-8) 435 L.F. 16.00 $
P.C.C. Cross Gutter and Spandrels 714 S.F. 10.00 $
P.C.C. Sidewalk 5,500 6.00 $
P.C.C. Driveway Approach 3,600 8.00$
4 4 1ấ EA A CA CA CA CA CA 1,500.00 $
ADA Access Ramp (w/ new construction) 2
Street Lights (including conduit) 2 5,000.00 S
Adjust Water Valve to Grade (if no water plan) EA. 150.00 $ Adjust MH to Grade ( if no sewer plan) 6 EA. 400.00 $
SIGNING, STRIPING AND SIGNALS
4" Thermoplastic Double Solid Stripes 2,128 L.F. 0.83 $ 1,766.24 6" Thermoplastic Bike Lane Stripes 1,200 L.F. 0.63 $ 756.00 12" Thermoplastic Crosswalk & Limit Line 72 L.F. 6A LA GA GA 6A 0.97 $ Thermoplastic Pavement Markings 200 S.F 3.61 S
Survey LS 8,000.00 $ 8,000.00
1 $ 40,000.00 $ 40,000.00
Design/submittals/review
Mobilization $ 30,000.00 $ 30,000.00
-- 10,000.00 $ 10,000.00
Traffic Control
A. Subtotal 437,300.76
B. Administrative Contingency (20% x A) 87,460.15
C. CM - Inspection - LC (8%) 34,984.06
D Streets/Drainage Total (A + B) 559,744.97