American Ramp Company Material and Labor Bond CIP 17-01 30134669Bond Numbered: 30134669
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 November 12, 2021,has awarded to American Ram
Companv hereinafter designated as the "Principal," a contract for construction of the
CIP '17-01 Evans Park Asphalt Pump Track 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 American Ramp Companv as Principal, and Western Su retv
Company as Su rety, are held and firmly bound unto the City of Menifee, hereinafter
called the City, in the penal sum of one hundred percent (1007o) of the amount One
Million Ninety Seven Thousand One Hundred Nine and 751100 Dollars ($1 ,097,109.75),
laMul money of the United States of America, for the payment of which sum well and
kuly 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 Paft2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the
Contract may be served upon Principal at this address: 601 South McKinlev Avenue.
Joplin, Missouri 64801 and upon Surety at this address: 101 South Reid Street, Suite
300, Sioux Falls. South Dakota 57103-7045
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 'l6th day of
December, 2021, 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.
American Ramp Companv
P
By
J SM
Western Suretv Company
Surety
By
ott BrotherS,Attorney-in-fact
Civil Code of the State of California, Section 1188, 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
)
) ss.
)
day of _, in the year ^ ,On this
before me, personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and
acknowledged that executed the same
Notary Public - State of California
(coRPoRATrON)
State of Missouri
County of Jasper
City of Joplin
On this 16th day of December, in the year 2021 , before me, personally appeared
James Moss, 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
)
)
)
VICKY LYN HATFIELO
Notary Public- Notary 5eal
Jasper County' State of l,\is5ouri
Commission Number 14629608
My Commission Expires Aug 17, 2022
SEAL
Notary P lic -ta of Mis un
WITNESS my hand and official seal.
SEAL
f
(PARTNERSHTP)
State of California
County of Riverside
City of Menifee
On this _day of _, in the year 2_, before 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 FACI)
State of Missouri
County of Newton
City of Joplin
On this 16th day of December, in the year 2021 , before me, personally appeared
Scott Brothers, 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 Western Suretv Companv and acknowledged to me that he/she subscribed the
name of Scott Brothers thereto as principal, and his/her own name as attorney in fact.
WITNESS my hand and official seal
SEAL
SS
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SS
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N ry Public - State of Missouri
4
Seallic
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Krow All Men By Th.se Pres€nts, l hat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and cxistint corpomtion
having its principal ofiice in lhe City ofSioux Falls. and State of South Dakota. and that it does by virtue ofthe signature and seal herein amxed hereby make.
conslitute and appoint
Scott Brothers, Maria Stout, Dawn Oney, Individually
- In Unlimited Amounts -
and to bind it thereby as fully and to the same cxtcnl as ifsuch instruments were signed by a duly authorized omcer ofthe corporation and all the acts of said
Atlomey. pursuant to the authority hereby given. are hereby ratifi€d and confirmed.
This Power otAftomey is made and executed purcuant to 6nd by authority ofth€ By-Law printed on lhe reverse hereof, duly adopted, as indicated, hy
thc sharcholders of the corporation.
ln Witness Whcreof. WESTERN SURETY COMPANY has caus€d these presenls to be signed by ils Vice President and ils corporate seal to be herero
affixed on this 24lh day ofJune. 2021.
WESTERN SURETY COMPANY
'f. Ilruflat" vice Prcsident
Western Surety Company
i**.;lEiH***i
i@:srfi'#ffi@i
Statc ofSouth Dakota
( ounty ofMinnehaha
)
J
On lhis 24th day ofJune. 2021, before me personally carne Paul T. Bruflat, to me known. who. being by me duly swom. did d€pose and say: thal he
rosidcs in lic Cily of Sioux Falls. State ofSou$ Dakota: that he is the Vice President ofWESTERN SURETY COMPANY describ€d in and which executed
lhc above instrument; that he knows the seal ofsaid corporation: that the seal aflixed o the said instrumenl is such corporate s€al:thal il was so afllxed pursuanl
to authority given by the Board ofDirectors ofsaid corporation and that he sigined his name llereto pursusnt lo lite authority. and acknowledgcs same to be
the act and deed ofsaid corporation.
My commission expires
March 2 2026
M. Bent. Notary l'ublic
CERTITICATf,
l, L Nelson, Assistant Secretary ofWESTERN SURETY COMPANY do hereby ceniry $at the Power ofAttomey her€inabove set forth is still in fbrce,
and further ceniry that the By-Law oflie corporalion printed on the reverse hereofis slill in force. ln testimony whereofl have hereunto subscribed my name
and affixed the seal oflh€ said corpomtion this l6th duy of December.202l.
WESTERN SURETY COMPANY
L. Nelson. Assrstant Secrctary
ronn I.4280"?-2012
se rv
60 to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN.FACT
ofjoplin. MO. its true and lawful Anomey(s)-in-Fact wilh full power and authority hereby conferred to sitn, seal and execute for and on its behalfbonds.
undertakings afld other obligatory instruments of similar naturc
Authorizing By-Lrw
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Altomey is made and executed pursuant to and by authority offte following By-Law duly adopted by the shareholders
ofthe Company.
Section 7. All bonds. policies, undertaliings, Powers of Attomey, or other obligations of the corporation shall be cxecuted in the
corporate n.Lme of the Company by thc Prcsident, Secretary, and Assistant Secretary. 'freasurer, or any Vice President, or by such other
oll'icers as the Board ofDirectors may authorize. The President, any Vice Prcsident. Secretary, any Assistant Secretary. or the'l'rcasurer may
appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undcrta-liings in the name of thc Company- The
corporate seal is not n€cessary forthe validity ofany bonds, policies. undertakings. Powers ofAnomey or other obligations ofthe corporation.
The signature ofany such oflcer and ftc corporate seal may tle printed by facsimile.