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Western A/V Material and Labor Bond 4437190THE FINAL PREIVIIUIVI IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in three (3) original counterparts Bond No. 4437190 PAYMENT BOND (Bond for Labor and Material) KNOWALL MEN BYTHESE PRESENTS: THAT WHEREAS, the City of Menifee, in the County of Riverside, State of California, by minute action passed June 1gth,2020,has awarded to Western tuV, A eorparation hereinafter designated as the "Principal," a contract for construction of the Citv Hall (29844 Haun, Menifee CA 92586) AA/ lmprovements (RTS & Video Distribution) project together with appurtenances thereto, and WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said principal, or any of his or its subcontractors shall fail to pay for any materials, provisions, provender, or other supplies or equipment used in, upon, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, we Western AA/, A Corporation as Principal, and SureTec lnsurance Companv as Surety, are held and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of one hundred percent (100%) of the amount Fortv Three Thousand Nine Hund Sixtv Seven Dollars and 6411OO Dollars ($43.967.64), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION lS SUCH THAT if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender, rented or hired teams, implements, or machinery, or other supplies or equipment of any kind used, in, upon, for or about the performance of the work contracted to be done, including, but not limited to, that part of water, gas, power, light, heat, oil, gasoline, or telephone service directly applicable to the contract, or for any work or labor thereon of any kind, or for any amounts due under the California Unemployment lnsurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and subcontractors pursuant to Section 13020 of the California Unemployment lnsurance Code with respect to such work and labor, and provided that any person, so furnishing said supplies or equipment contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and supplies or equipment therefore shall have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of the California Civil Code, as amended, or any successor thereto, then said Surety shall pay the same in or to an amount not exceeding the amount hereinabove set forth and also shall pay in case suit is brought upon this bond, such reasonable attorney's fees as shall be fixed by the court. The bond shall inure to the benefit of any and all persons, companies, and corporations named in California Civil Code Section 3181 , as amended, or any successor thereto, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifications of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of work to be performed thereunder. Notices, papers and other documents required by Chapter 2 of Title 14 of Part2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address: Western AA/, A Corporation 1592 N. Batavia Street, Suite 2, Oranqe, CA 92867 and upon Surety at this address Sr rrc cr:lnqilrAncA C nrr ?1?1 Carninn dal Rin Nl Suite 1450. San Dieoo. CA 92108 lN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named, under penalty of perjury, on the 23'd day of June, 2020, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Western AA/. A Corporation Principal By SureTec lnsurance Company Surety Reilly, Attorney-in-Fact By )x/&/-( Civil Code of the State of California, Section 1 188, CERTIFICATE OF ACKNOWLEDGMENT An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. (rNDrvrDUAL) State of California County of Riverside City of Menifee On this day of in the year 2 n"fo,",",personallyappeared,personallyknowntome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subscribed to the within instrument and acknowledged that executed the same WITNESS my hand and official seal SEAL Notary Public - State of California (coRPoRATlON) State of California County of Riverside City of Menifee On this day of , in the year 2_, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named acknowledged to me that the corporation executed it. WITNESS my hand and official seal. SS ) ) ) SS SEAL Notary Public - State of California ) ) ) (PARTNERSHTP) State of California County of Riverside City of Menifee On this _day of _, in the year 2_, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SEAL Notary Public - State of California (ATTORNEY rN FACT) State of California County of Riverside City of Menifee On this day of , in the year 2_, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney in fact of SS ) ) ) SS ) ) ) and acknowledged to me that he/she subscribed the name of in fact. WITNESS my hand and official seal SEAL thereto as principal, and his/her own name as attorney 4 Notary Public - State of California 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 OOl23l202O before me,Melissa Ann Vaccaro, Notary Public personally appeared (insert name and title of the officer) Dwisht Reilly 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 officialseal Signature MELISSA ANN VACCARO coMM. #2241394 Notary Public{alifornia ORANGE COUNW Comm. Expires May 12, oo Elr (Seal) POA 51 0023 SureTec Insurance Company Bond No. 4437190 LIMITED POWER OF ATTORNEY Know Atl Men by These Presenls, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal ofhce in Houston, Hanis County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozeile Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi its true and lawful Attorney-in-fact, with fulI power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents ofsurety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were sigrred by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratiffing and confirming all that the said Attorney-in-Fact may do in the premises. Said appointrnent is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the Presiden! any Vice-President. any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fac, may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instnrments so executed by any such Attorney-in-Fact shall be binding upon the Company as ifsigned by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile sigrrature or facsimile seal shall be valid *i bindirg upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(P of April, t999.) In llitness Whereof, SLIRETEC INSIIRANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 17th day of December A.D.2019 SURETEC AI{Y By John State ofTexas County of Harris On this 17th day of December A.D. 2019 before me personally came John Knox Jr., to me known, who, oeing by me duly swom, did depose and say, that he resroes in Houston, I exas, that he rs CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instnrment is such corporate seal; that it was so affixcd by ordcr of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOUELYN GREENLEAF tlotary Public, State ol Texas Comm. ExPires 05'I 8-2021 Notary rD 126903029 Greenleat Notary Public My commission expires May 18, 2021 I, M. Brenr Beaty, Assistant Secretary of SLIRETEC INSURANCE COMPAI.IY, do hereby certifr that the above and foregoing is a Eue and correct copy of a power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of thc Board of Directors, set out in the Power of Attorney are in full force and effect' 55 Given under my hand and the seal of said Company at Houston, Texas this day of Beaty, Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510023 Foi verilication of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm C$T 2020 q.D.