DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA
DUAL OBLIGEE RIDER
WHEREAS, on December 13, 2022 - C.W. Driver, LLC a California limited liability company ("Principal"), entered into a written agreement with Menifee Union School District ("Obligee"), for the construction of _Elementary School No. 15.
WHEREAS, the Principal and Fidelity and Deposit Company of Maryland / Zurich American Insurance Company ("Surety"), made, executed, and delivered to said Obligee their joint and several Performance Bond No. 9423006, dated January 31, 2023 ("Performance Bond").
NOW, THEREFORE, in consideration of this Dual Obligee Rider to the Performance Bond in the maximum amount of One Million One Hundred and Thirty-Two Thousand Dollars (S1,132,000) ("Penal Sum"), the Five Hundred and Sixty-Six Thousand Dollars ($566,000) Material and Labor Bond, and other good and valuable considerations receipt of which is hereby acknowledged, the undersigned hereby agree as follows:
1. The Recitals above are true and correct and are incorporated in full herein.
2. The City of Menifee is hereby added to said Performance Bond as an Additional Obligee collective with Obligee, "Obligees"), subject to the maximum amount limitations set forth above.
3. The Surety shall not be liable under this Performance Bond to the Obligee or Additional Obligee, or either of them, unless the said Obligees, or either of them, shall make payments to the Principal or to the Surety, should it arrange for or undertake the completion of the contract upon default of the Principal, strictly in accordance with the terms of the said contract, and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth.
4. No suit, action, or proceeding by reason of any default whatever shall be brought on this Performance Bond after one (1) year from the day on which the final payment under said construction contract falls due and project achieves public acceptance.
5. Aggregate liability of Surety hereunder to the Additional Obligee is limited to the Penal Sum above stated, and Surety, upon making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by the payment, either against Principal or against any other party liable to the payee on the discharged obligation.
6. It is expressly understood that this Dual Obligee Rider is limited to work on City property per the approved permitted Street Improvement Plans, Street Lighting Plans, Street Signage and Striping and Eastern Municipal Water District Water and Sewer Plans, and the scope of work generally described below:
a. Work in the City Right of Way on Wickerd Road consisting of demolition, grading, erosion control, curb, gutter, sidewalk, modular wetland unit, utilities, lighting, and paving. Includes minor demolition, paving, and striping where Wickerd Road ties into Mira Road.
DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA b. Work in the City right-of-way on Briggs Road consisting of demolition, utilities, and paving. Includes demolition, crosswalk, striping, signage, and A/C patching at Briggs Road / Lorretta Avenue.
c. Work in the City right-of-way on Loretta Avenue / Lamtarra Loop crosswalk, striping, and signage.
d. Work in the City right-of-way to be complete within 730 calendar days of permit issuance.
7. Except as modified herein, said Performance Bond shall be and remain in full force and effect.
Signed, Sealed and Dated this 22nd day of June _2023.
ADDITIONAL OBLIGEE PRINCIPAL
-DocuSigned by:
Mcolas Filler
AW DRIYER, LIC
OBLIGEE SURETY
DocuSigned by:
Heather sautare.
Mehree f5 School District Fidelity and Deposit Company of Maryland / Zurich American Insurance Company
Heather Saltarelli, Attorney-in-Fact
DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 validity of that document.
State of California
County of Los Angeles
On JUN 2 3 2023 before me. Stacy LeDuc, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Dana Roberts
Name(s) of Signers)
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.
STACY LEDUC
Notary Public - Caltfornia
Los Angeles County WITNESS my hand and official seal.
Commission / 2421964
My Comm. Expires Oct 17, 2026
Stay se Duc
Signature .
Place Notary Seal and/or Stamp Above Signature of Notary Publi
OPTIONAL
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
88088888988888849281818089182911
©2019 National Notary Association
DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 S502050202000020262565050505050002020060205055525052505356665950230880301028501S950250500315930283 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 validity of that document.
State of California
County of Orange
JUN 2 2 2023 Le-Kim H. Luu, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
Heather Saltarelli
personally appeared
Name(s) of Signers)
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.
LE-KIM H. LUU WITNESS my hand and official seal.
COMMISSION # 2316198
Notary Public - Califomia
ORANGE COUNTY
My Comm Expras Dec 17, 2023% Signature
Signature of Notary Public
Place Notary Seal Above
• OPTIONAL
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Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
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Signer's Name: Signer's Name:
Corporate Officer - Title(s): Corporate Officer -- Title(s):
Partner - Limited General Partner - Limited General
Individual * Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL. MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corporation of the State of New York. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by Robert D. Murray: Vice President. in pursuance of authority granted by Article V. Section 8. of the By-Laws of said Companies. which are set forth on the reverse side hereol and are herchy comified to be in full force and effect on the date hercol. do hereby nominale. constitue. and appoint James A. SCHALLER. Heather SALTARELLI. Mike PARIZINO. Rachelle RHEAULT. Rhonda C. ABEI.. Kim LUU. Jeri APODACA. Janice R. MARTIN. Leigh MCDONOUGH. Reece Joct DIAZ of Irvine, California, its true and lawful agent and Altomey- in-fact. to make. erecute. seal and deliver. for. and on its behall as surely. and as its act and deed: any and all bonds and undertakings, and the exccution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Companics. as fully and amply. to all intents and purposes. as if they had been duly executed and acknowledged by the regularly clected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York. the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland. and the regularly clected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland.. in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hercof is a true copy of Article V. Section S. ol the By-Laws of said Companies. and is now in force.
IN WINESS WHEREOF the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Scals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this loth day of March. A.D. 2022.
SEAL SEAL SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
lice President
2e512
Br: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 16th day of March. A D 2022. before the subscriber. a Notan Public of the State of Maryland. July commusstoned and qualied. Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies. to me personally known to be the individuals and officers deserbed in and who executed the preceding instrument. and acknowledged the execution of same. and heing by me duly sworn, deposeth and saith. that he/she is the said officer of tho Company aforesaid, and that the seals allised to the preceding instrument are the Corporate Seals ofsaid Companics, and that the said Corporate Scals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOR. I have hereunto set my hand and affied my Offenal Seal the day and year first above written Constance a. Dum
Constance A Dunn. Notan Public
Mv Commission Expires Juls 9. 2023
Authenticity of rhis bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 DocuSign Envelope ID: F66FAB8D-48F2-46B3-A6D3-D284659E3BBA
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8. Attorneys-in-Fact. The Chief Executive Officer. the President, or any Exccutive Vice President or Vice President mav. by written instrument under the attested corporate seal. appoint attorneys-in-fact with authority to execute bonds. policies. recognizances. stipulations. undertakings. or other like instruments on behalf of the Company. and may authorize any officer or any such altorney-in-lact to affix the corporate seal thereto: and may with or without cause modity of revoke any such appointment or authority at any I. the undersigned. Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that Article V. Section 8, of the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President on a Vice President and the attesting signature of'a Sceretary or an Assistant Sccretary and the Seal of'the Company may be affixed by facsimile on any Power of Attorney. Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the C'ompany." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day ol May. 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May. 1990.
RESOLVED: "That the facsimile or mechanically reproduced scal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary: or Assistant Secretary of the Company. whether made herctotore or hercafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF. day orJUN 21 20ge hereunio subscribed my name and arised the corporate seals of the said Companies.
SEAL
SEAL
mglesthick.
By : Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg. IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to:
reportsfclaims/@zurichna.com
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Section 8. Attornevs-in-Fact. The Chief Exccutive Officer. the President. or any Executive Vice President or Vice President may. by written instrument under the attested corporate scal. appoint attomeys-in-fact with authority to execute bonds. policies. recognizances. stipulations. undertakings. Or other like instruments on behalf of the Company. and may authorize any officer or any such attorney-in-fact to allix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any
CERTIFICATE
I. the undersigned. Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certity that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certity that Article V. Section 8. of the By-Laws of the Companies is still in force
This Power of Attoney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Scerctary or an Assistant Sccretary and the Scal ofthe Company may be affixed by facsimile on any Power of Attorney. Any such Power or any certificate thereof bearing such facsimile signature and scal shall be valid and binding on the Company:" This Power of Attorncy and Certiticate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May: 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10ch day of May. 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of'any Vice-President. Secretary: or Assistant Sccretary of the Company: whether made herctofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually aflixed.
IN TESTIMONY WHEREOF. have hereunto subscribed my name and affixed the corporate seals of the said Companics. this _ _ day or JUN 2 2 2023
SEAL SEAL
SEAL
By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg. IL 60196-1056
Ph: 800-626-4577
Ifyour jurisdiction allows for electronic reporting of surety claims, please sulamit to:
[email protected]
Authenticity of this bond can be confirmed at bondvalidator.zurichpa.com or 410-559-8790 DocuSign Envelope ID: F66FA88D-48F2-46B3-A6D3-D284659E3BBA
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASCALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL. MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corporation of the State of New York. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by Robert D. Murray, Vice President. in pursuance of authority granted by Article V. Section 8. of the By-Laws of said Companies. which are set forth on the reverse side hercof and are hereby cortified to be in full force and effect on the date hercol. do hereby nominate. constitule and appoint James A. SCHALLER, Heather SALTARELLI Mike PARIZINO. Rachelle RHEAULT. Rhonda C. ABEI.. Kim LUU. Jeri APODACA. Janice R. MARTIN, Leigh MODONOUGH. Reece Jocl DIAZ of Irvine, California, its true and lawful agent and Attorney- in-Fact. to make. execute. seal and deliver. for. and on its behalf as surly: and as its act and deed: any and all bonds and undertakings. and the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Companies. as fully and amply. to all intents and purposes. as if ther had been duly executed and acknowledged by the regularly clected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York. the regularly clected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland. and the regularly clected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. :Varyland.. in their own proper persons.
The said Vice President does hereby certily that the extract set forth on the reverse side hercof is a true copy of Article V. Section 8. of the By-Laws of said Companies. and is now in force.
IN WITNESS WHEREOF. the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIA. AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANT OF MARYLAND. this 16ch day of March. A.D. 2022.
SEAL SEAL SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
lice Presiden
By: Dawn E. Brown
Secretari
State of Maryland
County of Baltimore
On this 16th dar of March. A D. 2022, before the subserber. a Notar Pubhe of the State of Maryland, Juls commissioned and qualtied. Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn. deposeth and saith. that he/she is the said officer of the Company aforesaid, and that the scals atlived to the preceding instrument are the Corporate Seals of'said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF I have hercunto set my hand and affixed my Offical Seal the day and vear fast above written Constance a. Funn
Constance A Dunn. Notan Public
My Commssion Expires Juls 9. 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. DATE: 5/1/2023
IP: 22-063
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Street/Drainage $ 821,025.17 $ 821,000.00 $ 410,500.00
*Flood Control $ 0.00 $ $ 0.00
Dom Wtr EMWD 271,447.20 $ 271,500.00 $ 135,750.00
Rec Wtr EMWD $ 33,300.00 $ 33,500.00 $ 16,750.00
Sewer EMWD $ 5,976.00 $ 6,000.00 $ 3,000.00
Total 1,131,748.37 $ 1,132,000.00 $ 566,000.00
Warranty Retention (10%) $ 113,200.00
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 G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
Loug Sartr
5/1/2023 -
Date
Tracy Santucci 49673 9/30/2024
Name Typed or printed RCE# Exp. Date
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
ROADWAY SECTION 1 Area = 59,733 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 Cut (c) = 432 C.Y.
2. Projects without a Grading Plan
Road area and side slopes to daylight Fill (f) = 5,436 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 432 C.Y. 0.40 $ 172.80
(b.) Excavate and Export C.Y. $ 1.10 $ 0000
(c.) Import and Fill 5,004 C.Y. $ 2.80 $ 14,011.20
Asphalt Concrete (144 lbs/cu.ft) 1,971 TON $ 90.00 $ 177,394.11 Thickness in Feet (0.33' min.) = 0.4583
Agg Base Class I| 2,950 C.Y. 50.00 $ 147,485.20
Thickness in Feet = 1.3333
Asphalt Emulsion (Fog Seal/Paint Binder) 2.2 Ton $ 600.00$ 1,327.40 ROADWAY SECTION 2 Area = 3,190 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. (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 lbs/cu.ft) 124 TON $ 90.00 $ 11,197.59 Thickness in Feet (0.33' min.) = 0.5417
Agg Base Class II 217 C.Y. 50.00 $ 10,830.05
Thickness in Feet = 1.8333
Asphalt Emulsion (Fog Seal/Paint Binder) 0.1 Ton $ 600.00 $ 70.89 Sawcut Exist. A.C. Pavement 577 L.F. $ 1.00 $ 577.00
Grinding A.C., in place 128 S.Y. 0.60 $ 76.80
Remove A.C. Pavement 198 S.Y. $ 8.00 $ 1,584.00
Remove Barricade 76 L.F. $ 10.00 $ 760.00
AC overlay (min. 0.10') 1,156 S.F. $ 0.90 $ 1,040.40
Curb and Gutter (Type A-6) 1,096 L.F. $ 14.00 $ 15,344.00 Type "D" Curb 79 L.F. $ 15.00 $ 1,185.00
P.C.C. Cross Gutter and Spandrels 747 S.F. $ 10.00 $ 7,470.00 P.C.C. Sidewalk 10,163 S.F. $ 6.00 $ 60,978.00
P.C.C. Driveway Approach 2,153 S.F. $ 8.00 $ 17,224.00
ADA Access Ramp (w/ new construction) 3 EA. $ 1,500.00 $ 4,500.00 Utility Trench, one side (Edison, Telephone, Cable)
(total length of Streets) 1,284 L.F. $ 10.00 $ 12,840.00 Street Lights (including conduit) 5 EA. $ 5,000.00 $ 25,000.00 Place AC Grindings 7,930 S.F. 0.50 $ 3,965.00
Stabilized Construction Entrance 1 E.A. $ 1,800.00 $ 1,800.00 Gravel Bags 1,750 E.A. $ 4.00 $ 7,000.00
Silt Fence 2,130 L.F. 8.00 $ 17,040.00
Bonded Fiber Matrix 13,170 S.F. $ 0.50 $ 6,585.00
DRAINAGE
Rip Rap ( 1/4 Ton) Methob B (1.9 tons /CY) 7 C.Y. $ 80.00 $ 560.00 15" C.S.P. or HDPE N12 220 L.F S 30.00 $ 6,600.00
24" C.S.P. or HDPE N12 92 L.F. $ 50.00 $ 4,600.00
Catch Basin W=7' 1 EA. $ 4,000.00 $ 4,000.00
Headwall for 36" or smaller storm drain 4 EA. $ 3,500.00 $ 14,000.00 Modular Wetlands System 1 EA. $ 50,000.00 $ 50,000.00
SIGNING, STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markings $ 2.50 $ 137.50 4" Painted Solid Stripes $ 0.21 $ 320.88
4" Painted Double Solid Stripes $ 0.47 $ 554.60
8" Painted Channelizing Line $ 0.82 $ 538.74
Painted Two-Way Left Turn Lane $ 0.82$ 956.12
12" Thermoplastic Crosswalk & Limit Line $ 0.97 $ 144.53 Thermoplastic Pavement Markings 3.61$ 1,989.11
Thermoplastic Cross Walk and Pavement Marking 3.00 $ 4,416.00 $ 100.00 $ 200.00
Install Sign (Strap and Saddle Bracket Method) $ 150.00$ 3,900.00 Road Sign on existing pole / post (One Post) 7 150.00 $ 1,050.00 A. Subtotal $ 641,425.92
B. Administrative Contingency (20% x A) $ 128,285.18
C. CM - Inspection - LC (8%) $ 51,314.07
D Streets/Drainage Total (A + B) $ 821,025.17
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
DOMESTIC WATER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
4" Waterline PVC C-900 DR-18 55 L.F. $ 25.00 $ 1,375.00 6" Waterline PVC C-900 DR-18 53 L.F. 30.00 $ 1,590.00
2,712 L.F. tA tA 55.00 $ 149,160.00
12" Waterline PVC C-900 DR-18
4" Gate Valve RS 1 EA. 715.00 $ 715.00
6" Gate Valve RS EA. $ 830.00 $ 830.00
12" Gate Valve RS 5 EA. $ 2,300.00 $ 11,500.00
6" Fire Hydrant (Super) 2 EA. $ 4,500.00 $ 9,000.00
6" Blowoff 1 EA. $ 4,000.00 $ 4,000.00
1" Air and Vacuum Valve. 2 EA. $ 2,400.00 $ 4,800.00
4" Service Connection (No Meter) 1 EA. $ 4,500.00 $ 4,500.00 Join at existing end of 8" pipe 2 EA. $ 2,000.00 $ 4,000.00 A. Subtotal $ 188,505.00
B. Administrative Contingency (20% x A) $ 37,701.00
C. Water Total (A + B) $ 226,206.00
TO HAVING SIGNED PLANS
D. 20% x C $ 45,241.20
E. [Water Total (C + D) $ 271,447.20
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
RECYCLED WATER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
4" Waterline PVC C-900 DR-18 Purple 20 L.F. $ 25.00 $ 500.00 6" Waterline PVC C-900 DR-18 Purple 18 L.F. $ 30.00 $ 540.00 8" Waterline PVC C-900 DR-18 Purple 1,298 L.F. 35.00 $ 45,430.00 4" Gate Valve RS 1 EA. $ 715.00 $ 715.00
6" Gate Valve RS 1 EA. $ 830.00 $ 830.00
8" Gate Valve RS EA. 1,340.00 $ 2,680.00
6" Blowoff 3 EA. $ 4,000.00 $ 12,000.00
1" Air and Vacuum Valve. 1 EA. $ 2,400.00 $ 2,400.00
4" Service Connection (No Meter) 1 EA. $ 4,500.00 $ 4,500.00 Subtotal $ 23,125.00
Administrative Contingency (20% x A) $ 4,625.00
C. Water Total (A +B) $ 27,750.00
TO HAVING SIGNED PLAND
D. 20% x C 5,550.00
E. Water Total (C + D) $ 33,300.00
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
SANITARY SEWER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
6" PVC SDR 35 Green 75 L.F. $ 30.00 $ 2,250.00
Clean out Lateral 2 EA. $ 200.00 $ 400.00
Adjust M.H. to grade 3 EA. $ 500.00 $ 1,500.00
A. Subtotal $ 4,150.00
B. Administrative Contingency (20% × A) $ 830.00
Sewer Total (A + B) $ 4,980.00
TO HAVING SIGNED PLAND (ORD.460,
D. 20% x C $ 996.00
E. [Sewer Total (C + D) $ 5,976.00
Premium: Included in Performance Bond
LABOR AND MATERIALS PAYMENT BOND
District: Menifee Union School District
Project: Elementary School No. 15 Project
Contractor: C. W. Driver, LLC
Surety: Fidelity and Deposit Company of Maryland / Zurich American Insurance Company Bond No.: 9423006
Penal Sum: Fifty Four Million Five Hundred Seven Thousand Nine Hundred Twenty Seven & 00/100 ($ 54,507,927.00.) WHEREAS, the Project identified above is a public project in accordance with applicable law, and the District identified above awarded to the Contractor identified above (herein, the "Principal") a contract providing for completion of the Project ("Contract"); and WHEREAS, the Contract and/or California Civil Code Section 9550 et seq. require that the Principal furnish a labor and materials payment bond to the District that ensures the faithful performance of the Principal's obligations pursuant to the Contract to pay for materials, labor and other things as required by law, which bond must have a penal sum equal to one hundred percent of the total amount payable by the District to the Principal pursuant to the Contract; and WHEREAS, the Surety identified above hereby represents to the District that the Surety is an "admitted surety insurer" in accordance with Section 995.120 of the California Code of Civil Procedure; NOW, THEREFORE, we, the Principal and Surety, are hereby held and firmly bound to the District in an amount of lawful money of the United States of America equal to the Penal Sum specified above, the payment of which well and truly to be made, we hereby bind, jointly and severally, ourselves and our heirs, executors, administrators, and successors.
THE CONDITION OF THIS OBLIGATION is that, if the Principal, or any of its heirs, executors, administrators, successors or assigns, or any of its subcontractors, fail in connection with the Project to pay as and when required (1) any of the persons authorized by California Civil Code Section 9100 to assert a claim against the Payment Bond, (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the Contract, or (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from wages of employees of the Principal or any of its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety shall pay, in full, any and all claims for such amounts, in a total amount not in excess of the penal sum set forth herein, and also, in case suit is brought upon this Payment Bond, such reasonable attorneys' fees as fixed by the court.
This Payment Bond shall inure to the benefit of any and all of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Payment Bond.
The Surety hereby stipulates and agrees that this Payment Bond shall not be exonerated and the Surety shall not be released from its obligations pursuant to this Payment Bond on account of: (1) any extension of time, change, amendment or other modification of the Contract or other Project documents, or of the Principal's rights and/or obligations pursuant thereto, and Surety hereby waives notice of any and all such modifications; (2) any rescission or attempted rescission of the Contract or this Elementary School No. 15 Project
005056.0007235 BWS/04-08-22 8-3 CSA: Required Contract Farms 461724.2
Payment Bond; (3) any fraud of any person or entity other than fraud of a claimant in making a claim on this Payment Bond; or (4) any breach of any contract by the District, the Principal or any person or entity for whose benefit Surety has issued this Payment Bond. The Surety further stipulates and agrees that this Payment Bond shall be construed most strongly against the Surety and in favor of the persons and entities for whose benefit Surety has issued this Payment Bond.
The Surety shall not be deemed to have fully and appropriately executed this Payment Bond unless Surety has provided all of the following information:
SURETY'S SOUTHERN CALIFORNIA/LOCAL SURETY'S REPRESENTATIVE FOR FILING
REPRESENTATIVE CLAIMS
Alliant Insurance Services, Inc. Fidelity and Deposit Company of Maryland Company Name Company Name
18100 Von Karman Avenue, 10th Floor. 1299 Zurich Way, 5th Floor.
Street Address Street Address
Irvine, CA 92612 Schaumburg, IL 60196-1056
City, State, Zip Code City, State, Zip Code
Jim Schaller Claims Department
Representative Name Representative Name
(949) 756-0271 (847) 605-6000
Representative Telephone Number Representative Telephone Number (The remainder of this page intentionally left blank.)
Elementary School No. 15 Project
B-4 CSA: Required Contract Forms
005056.0007235 BWS/04-08-22
461724.2
Each person that signs this Payment Bond on behalf of the Principal or the Surety thereby represents and warrants that the party he or she represents has duly authorized him or her to sign, and thereby bind such party to, this Payment Bond.
IN WITNESS WHEREOF, the Principal and Surety have executed this Payment Bond as evidenced by the signatures, below, of their respective, duly authorized representatives.
PRINCIPAL SURETY
Fidelity and Deposit Company of Maryland /
C.W. Driver, LLC Zurich American Insurance Company
Company Name
Representative Signature
Dana: Roberts Kim Luu
Representative Name Representative Name
CEO Attorney-in-Fact
Representative Title Representative Title
February 3, 2023 January 31, 2023
Date Signed Date Signed
Principal: Attach Notary acknowledgment to Surety: Attach Notary acknowledgment and this Payment Bond and, if applicable, imprint power of attorney to this Payment Bond and corporate seal in the space below this line. imprint corporate seal in the space below this Elementary School No. 15 Project
005056.0007235 BWS/04-08-22 B-5
461724.2 CSA: Required Contract Forms
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 atlached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
JAN 3 1 2023 Reece Joel Diaz, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
personally appeared Kim Luu
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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.
REECE JOEL DIAZ
WITNESS my hand and official seal.
ictary Public • Califarni
)range County
Commission * 2294772
My Conor. Expires Jan 25. 2023
Signature
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - D Limited C General Partner - i... Limited i General : Individual ix Attorney in Fact Individual i Attorney in Fact Trustee i Guardian or Conservator Trustee → Guardian or Conservator Other: Other:
Signer is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8848984888882888480888888888888988888568089808808080808080848883080808880888898888184808938 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 validity of that document.
State of California
county of Los Angeles
on Februery 3, 2023 before me, - Stacy here, Metery Publice Date
personally appeared Dana Roberts
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/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
STACY LEDUC
Notary Public - Callfornia paragraph is true and correct.
Los Angeles County
Commission # 2421964
My Comm. Expires Oct 17, 2026 WITNESS my hand and official seal.
Stacy Leave
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Page......
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - O Limited D General • Partner - D Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing:. Signer is Representing: _
888888883888838888883833898808888308080800808380888308308480880838088808888088988088338088803080888888388088308833834823980809 ©2019 National Notary Association
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the Stale of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate. constitute. and appoint James A. SCHALLER, Heather SALTARELLI, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA, Janice R. MARTIN, Leigh MCDONOUGH, Recce Joc DIAZ of Irvine, California, its truc and lawful agent and Attorncy- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surely, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or underlakings in pursuance of these presents, shall be as binding upon said Companics, as fully and amply. to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY al its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hercof is a true copy of Article V, Scction 8, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of March, A.D. 2022.
SEAL SEAL SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 16th day of March, A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualilied, Robert D Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknavledged the execution of same, and being by me duly swom, deposeth and saith, that heshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance a. Dunn
Constance A. Dunn. Notary Public
My Commission Expires: July 9, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Section 8, Attorneys-in-Fact. The Chief Exccutive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
CERTIFICATE
1, the undersigned, Vice Prosident of tho ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V. Section 8, of the By-Laws of the Companics is still in forco.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Dircctors of the ZURICH AMERICAN INSURANCE COMPANY at a mceting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and scal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Dircelors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a mecting duly called and hold on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced scal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEN 2gcunto subscribed my name and affixed the corporate seals of the said Companics, this _ day of.
SEAL SEAL SEAL
mglesthick
By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to:
[email protected]
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Premium: $248,583.00
PERFORMANCE BOND
District: Menifee Union School District
Project: Elementary School No. 15 Project
Contractor: C. W. Driver, LLC
Surety: Fidelity and Deposit Company of Maryland / Zurich American Insurance Company Bond No.: 9423006
Penal Sum: Filly Four Million Five Hundred Seven Thousand Nine Hundred Twenty Seven & 00/L00 ($_54,507,927.00 ) WHEREAS, the Project identified above is a public project in accordance with applicable law, and the District identified above awarded to the Contractor identified above (herein, the "Principal") a contract providing for completion of the Project ("Contract"); and WHEREAS, the Contract requires that the Principal furnish a bond to the District that ensures the faithful performance of the Principal's obligations pursuant to the Contract to fully and satisfactorily perform the work and services required by the Contract, which bond must have a penal sum equal to one hundred percent of the total amount payable by the District to the Principal pursuant to the Contract; and
WHEREAS, the Surety identified above hereby represents and warrants to the District that the Surety is an "admitted surety insurer" in accordance with Section 995.120 of the California Code of Civil Procedure;
NOW, THEREFORE, we, the Principal and Surety, are hereby held and firmly bound to the District in an amount of lawful money of the United States of America equal to the Penal Sum specified above, the payment of which well and truly to be made, we hereby bind, jointly and severally, ourselves and our heirs, executors, administrators, and successors.
THE CONDITION OF THE FOREGOING PAYMENT OBLIGATION is that, if the Principal (or, to the extent permitted by the Contract, its heirs, executors, administrators, successors or assigns) shall fully perform all of the undertakings, terms, covenants, conditions, agreements and other obligations required of the Principal pursuant to the Contract and any amendments or changes thereto, in full and strict conformance with the requirements thereof, and all within the time and in the manner designated therein, in all respects according to their true intent and meaning, then such obligation shall become null and void; otherwise, it shall remain in full force and effect.
A condition precedent to the satisfactory completion of the Contract is that, after the acceptance of the Project by the District, the payment obligation of this Performance Bond shall remain in full force and effect, in the penal sum set forth herein, during all periods in which the Principal has any obligations pursuant to the Contract (including, without limitation, the obligations to make full, complete, and satisfactory repair and replacements of any defective materials and/or faulty workmanship, and to pay liquidated damages to the District), and the obligation of Surety hereunder shall continue so long as any such obligation of Principal continues to exist. The obligations of Surety pursuant to this Performance Bond are exclusive of and distinct from any obligations Surety may have pursuant to any labor and materials payment bond applicable to the Project.
Elementary School No. 15 Project
005056.0007235 BWS/04-08-22 B-6 CSA: Required Contract Forms 461724.2
Whenever the District declares the Principal to be in default of its obligations pursuant to the Contract, the District having performed its obligations thereunder, the Surety, promptly within the time required by the Contract, shall remedy the default or, at the District's discretion, shall:
(i) Complete the Project in strict accordance with the terms and conditions of the Contract, including, without limitation, provisions for the time(s) within which the Surety must act; or (ii) Obtain, or permit the District to obtain, one or more bids or proposals for any and all work required to complete the Project in strict accordance with the terms and conditions of the Contract, and upon determination of each lowest responsive and responsible bidder or proposer, arrange for such bidder or proposer and the District to enter into a contract, which may be in accordance with Education Code Section 17406, and make available as the work progresses sufficient funds, up to and including a total amount equal to the penal sum set forth herein less the balance of the contract amount, to pay the cost of completing the Project.
The term "balance of the contract amount," as used in the foregoing paragraph, shall mean the total amount payable by the District to Principal pursuant to the Contract and any amendments and changes thereto, less the amounts thereof previously paid by the District to the Principal.
In performing its obligations pursuant to this Performance Bond, the Surety expressly agrees that:
(i) absent the express written consent of the District, the Surety shall neither use the Principal nor accept a bid or proposal from the Principal for purposes of completing the Project; and (ii) the District shall have the right, in its reasonable discretion, to reject any contractor or subcontractor that the Surety may propose to fulfill such obligations. in the event the District provides notice to the Surety that the Principal is in default of its obligations pursuant to the Contract and, therefore, the Surety is required, as provided herein, to complete the Project or to arrange for the District to contract for completion of the Project, and, through no fault of the District, the Surety has exceeded the time permitted pursuant to the Contract for doing so, the District may arrange to use replacement contractor(s) selected and contracted for by the District to complete the Project and, in such event, the Surety's payment and other obligations pursuant to this Performance Bond shall not be thereby diminished or otherwise limited.
Notwithstanding anything to the contrary, in the event the District determines that the Principal has not met, or likely will be unable to meet, any deadline required pursuant to the Contract, or that Principal's performance does not conform with the requirements of the Contract, the District may notify the Surety. In such event, the Surety must make reasonable attempts to assist the Principal to resolve or avoid the default by the Principal. The Surety and Principal expressly agree that neither the giving of such notice by the District nor the giving of such assistance by the Surety shall be deemed or construed to constitute interference by the District or the Surety with the Contract or the ability of the Principal to obtain any bond(s) in any amount(s) from any surety insurer(s).
For value received, the Surety hereby stipulates and agrees that this Performance Bond shall not be exonerated and the Surety shall not be released from its obligations pursuant to this Performance Bond by any change, amendment or other modification of the Contract or other Project documents, or of the Principal's rights and/or obligations pursuant thereto, and Surety hereby waives notice of any and all such modifications.
(The remainder of this page intentionally left blank.)
Elementary School No. 15 Project
0050S6.0007235 BWS/04-08-22 B-7 CSA: Required Contract Forms 461724.2
The Surety shall not be deemed to have fully and appropriately executed this Performance Bond unless Surety has provided all of the following information:
SURETY'S SOUTHERN CALIFORNIA/LOCAL SURETY'S REPRESENTATIVE FOR FILING
REPRESENTATIVE CLAIMS
Alliant Insurance Services, Inc. Fidelity and Deposit Company of Maryland Company Name Company Name
18100 Von Karman Avenue, 10th Floor 1299 Zurich Way, 5th Floor Street Address Street Address
Irvine, CA 92612 Schaumburg, IL 60196-1056
City, State, Zip Code City, State, Zip Code
Jim Schaller Claims Department
Representative Name Representative Name
(949) 756-0271 (847) 605-6000
Representative Telephone Number Representative Telephone Number (The remainder of this page intentionally left blank.)
Elementary School No. 15 Project
005056.0007235 BWS/04-08-22 B-8 CSA: Required Contract Forms 461724.2
Each person that signs this Performance Bond on behalf of the Principal or the Surety thereby represents and warrants that the party he or she represents has duly authorized him or her to sign, and thereby bind such party to, this Performance Bond.
IN WITNESS WHEREOF, the Principal and Surety have executed this Performance Bond as evidenced by the signatures, below, of their respective, duly authorized representatives.
PRINCIPAL SURETY
Fidelity and Deposit Company of Maryland /
C.W. Driver, LLC Zurich American Insurance Company
Company Name
epreséntative Signature Representative Signature
Dana Roberts Kim Luu
Representative Name Representative Name
CEO Attorney-in-Fact
Representative Title Representative Title
February 3, 0023 January 31, 2023
Date Signed Date Signed
Principal: Attach Notary acknowledgment to Surety: Attach Notary acknowledgment and this Performance Bond and, if applicable, power of attorney to this Performance Bond imprint corporate seal in the space below this and imprint corporate seal in the space below line. this line.
Elementary School No. 15 Project
005056.0007235 BWS/04-08-22 B-9 CSA: Required Contract Forms 461724.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 validity of that document.
State of California )
County of Orange )
On JAN 3 1 2023 before me, Reece Joel Diaz, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Kim Luu
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/their authorized capacityies), and that by his/her/their signature(s) on the instrument the persons, or the entity upon behalf of which the person(s) acted, executed the instrument. certity under PENALTY OF PERJURY under the law
f the State of California that the foregoing paragrap
is true and correct.
REECE JOE! DIAZ WITNESS my hand and official seal.
Motary Fublic • California
Oraage County
Commission 2294772
My Comm. Secures Jun 25.2023
Signature.
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL -
Though this section is optionai, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
: Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - O Limited D General Partner - i Limited | / General : Individual ix Attorney in Fact Individual LD Attorney in Fact : Trustee I Guardian or Conservator Trustee C Guardian or Conservator : Other: Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
888888388888388888888888888888893888988888888883IB888888888ES 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 validity of that document.
State of California
county of Los Angeles.
on February 3, 2023 _ before me,. Stacy he Due Notary Publi Dana - Roberts
personally appeared
Name(s) of Signers)
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
STACY LEDUC
Notary Public - California paragraph is true and correct.
Los Angeles County
Commission # 2421964
My Comm, Expires Oct 17, 2026 WITNESS my hand and official seal.
Signature Say rece
Place Notary Seal and/or Stamp Above
• OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: _
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: - Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing:. Signer is Representing:
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authorily granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate. constitute. and appoint Jamcs A. SCHALLER, Heather SALTARELLI, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA, Janice R. MARTIN, Leigh MCDONOUGH, Recce Joel DIAZ of Irvine, California, its truc and lawful agent and Attomcy- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these prescnts, shall be as binding upon said Companies, as fully and amply. to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly clected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly clected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hercof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the saic ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, anc FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of Marchi, A.D. 2022.
SEAL SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANI
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
Damn Siran
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 16th day of March, A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such oflicer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF. I have hereunto set my hand and aftixed my Official Seal the day and year first above written.
Constasce a. Dunn
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Altorneys-in-Fact. The Chic Exccutive Officer, the President, or any Exccutive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations. undertakings, or other like instruments on chalf of the Company, and may authorize any officer or any such attorey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
CERTIFICATE
I, the undersigned, Vico President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companics is still in forcc.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a mceting duly called and held on the 15th day of Decomber 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and scal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically roproduced seal of the company and facsimile or mcchanically reproduced signature of any Vice-President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF. I have hercunto subscribed my name and affixed the corporate seals of the said Companies, this _ day of -IAN 3 1 2023
SEAL SEAL SEAL
mglethick
By: Mary Jean Pothick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to: ( reportsfclaims/@zurichna.com
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790