18-0523_DOTY BROS. EQUIPMENT COMPANY, INC._Payment Bond Bond No.: PAY765685000
Premium: $563.00
EXHIBIT "D"
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the'City of San Juan Capistrano (hereinafter designated as the "City"), by
, action taken or a resolution passed , 2018, has awarded to Doty Bros. Equipment Co.
hereinafter designated as the"Principal," a contract for the work described as follows:
2018 On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and Repair Services
(the"Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated ("Contract Documents"), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to theEmploymentDevelopment Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the ,
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal andFidelity and Deposit Company of Maryasd
Surety,
are held and firmly bound unto the City'in the penal sum of Forty-Five Thousand and No Cents
********************* Dollars ($ 45,000.00 ) 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 and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department ,,
or Franchise Tax Board from the wages of employees of the contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and ,
labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein
above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought
upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme, or work of improvement herein above described, or
61147.02100\31039144.1
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by
any fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released from
liability to those for whose benefit such bond has been given, by reason of any breach of
contract between the owner or City and original contractor or on the part of any obligee named
in such bond, but the sole conditions of recovery shall be that claimant is a person described in
Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned and the provisions of sections 2819 and 2845 of the California
Civil-Code:
IN�`VVITNESS WHEREOF, we have hereunto set our hands and seals this 16th day
.=of . May , MINX 2018.
- (Corp6rat6 Seal). Doty Bros. Equipment Co.
Contr tor/ Prince al
%,. By
Phil Dennis
Title Vice President
Fidelity and Deposit Company of Maryland
(Corporate'Segl) Suret,
ft
_ 4 By j / 'i " Roxanne Camping
. e �` -Fact
Title Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of
the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
61147.02100\31039144.1
Notary Acknowledgment
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
On L 2017, before me, , Notary Public, personally
appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document •
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney-In-Fact
❑ Trustee(s) •
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(les)
Signer(s)Other Than Named Above
61147.02100\31039144.1
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 Maryland,and the FIDELITY
AND DEPOSIT COMPANY.OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND,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 Roxanne CAMPING,of Irvine,California, its true and lawful agent and Attorney-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 presents,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 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 hereof 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, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of December,A.D.2017.
ATTEST:
_ �- MERICN INSURANCE COMPANY
'a COLONIAL AMERICANZURICH CASUALTY AND SURETY COMPANY
- .,, - FIDELITY AND DEPOSIT COMPANY OF MARYLAND
a :•
( iJ)
vyyw '�aoy�i tri, ti Y vii a •�4?�a� TP:oY•ly�,
8 r �ibt 1998/30
+ x7
- ffffuffN�
BY:
` t
Assistant Secretary Vice President -
Joshua Lecker Michael Bond
State of Maryland
County of Baltimore
On this 11th day of December, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
MICHAEL BOND,Vice President,and JOSHUA LECKER,Assistant 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 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.
iuiq,,,
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 012-0093F
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive 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
time."
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 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 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 seal 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 reproduced seal of the company and facsimile or mechanically\�jir�dueedsignture'��f
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wheteveOppea ing.upon a 4
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the satiie force1and effect,
as though manually affixed. •
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 16 th day of . May >2018 .
1
f` >
e13244416 "
.,w s i$i _0\61
. ww
w
:
ItN ? sb 1 a sEAL
e
David McVicker,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED •
INFORMATION'TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .
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 May 16, 2018 before me, Karla V. Esch,Notary Public
NAME
personally appeared Roxanne Camping
NAME OF SIGNER
who proved to me on the basis of satisfactory evidence
to be the persons)- whose name(s) is/asubscribed to the
within instrument and acknowledged to me that 14G/she/they
executed the same in his/her/their authorized capacity( s},
and that by his/her/their signature(s) on the instrument the
person(-s , or the entity upon behalf of which the persons}
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.
KARLA V.ESCH
rillr � Notary Public-California • WITNESS my hand and official seal.
z iti ' " Orange County-
Z \ J Commission#2171693 /��
M Comm.Ex Ing Jan 7,•2021
(SIGNATURE OF NOTA Y)
OPTIONAL
Tho the data below is not required by law,it may prove valuable to persons relying on the document and could
prevent - : dulent reattachment of this form.
CAPACITY C I ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDU•
n CORPORATE OF ER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) n LIMITED
GENERAL NUMBER OF PAGES
n ATTORNEY-IN-FACT
TRUSTEE(S)
n GUARDIAN/CONSERVATOR
n OTHER
DATE 0' I OCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER OTHER THAN NAMED ABO
( 1LIFORNIAALL kuiti OSE ACKNOWLEDGMENT.
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 May 21, 2018 Before me, Lisa Johnson, Notary Public
NAME
personally appeared Phil Dennis, Vice President
NAME OF SIGNER
who proved to me on the basis of satisfactory evidence
to be the person() whose names) is subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in hishe%eiF authorized capacity(ies),
•••••••••••••••••••••••••••••••••••••••••• and that by hishe%eif signature{s} on the instrument the
04060.
LISA JOHNSON
person{s}, or the entity upon behalf of which the person()
• .• .r' L S; a COMM.#2193543 acted, executed the instrument.
2 ' NOTARYLOS ANGELES COUNTY
NIA p
My Commisdon&Oro MAY 2,2021
e�eaa.N•aa•••••••••••••••aaaa•••� I, certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS mhand and official seal.
r a,
(Si ATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
•
® CORPORATE OFFICER City of San Juan Capistrano
Payment Bond
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) ❑ LIMITED 2
❑ GENERAL NUMBER OF PAGES
▪ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
▪ GUARDIAN/CONSERVATOR
• OTHER May 16, 2018
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER OTHER THAN NAMED ABOVE
•