Loading...
All American Asphalt Cash Bond CIP24-06 7672163 (2)Bond No. 7672163 Premium: $482.00 Premium is for conkact term and is subject to adJUstment based on final contract prrce Executed in: 3 Counterparts PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT wHEREAS, the city of Menifee, county of Riverside, state of california, by minute action passed has awarded to All American Asphalt hereinafter designated as the ;'principal i a Contract for construction of the clP 24-06 KAY cENlcERoS PARKING LoT ' project together with appurtenances thereto, and . ReruOVnrlON & CIP 24-12 tA LADERA PARK ENHANCEMENTS wHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE All American Asphalt AS Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of lllinois , and duly authorized to transact business under the laws of California, as Surety, are held and firmly bound unto the City of Menifee hereinafter called the contracting city, in the penal sum of one hundred percent(100%)of theamountof one Hundred Twentv one'. Dollars ($ 121,999 00 )' iawful money of the United Stated of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. *. Thousand Nine Hundred Ninety Nine and oo/1oo THE CONDITION OF THE OBLIGATION lS SUCH that, if the hereby bounded Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in said Contract and any alteration thereof, made as therein provided all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall faithfully fulfill the one- year guarantee of all materials and workmanship after final acceptance; and shall indemnify and hold harmless the City of Menifee, its officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of work to be performed thereunder. No final settlement between the Principal and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 5 400 East Sixth Street, Corona, CA 92879 and upon Surety at this address ' Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900,Los Anqeles, CA 90017 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 on the 13th day of May 2 024 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. All American Asphalt Principal By ). Catl,to.,. /P Fidelity and Depos it Company of Maryland Surety By@ Rebecca Haas-Bates, Attorne!-in-Fact 6 Notices, papers and other documents required by Chapter 2 of Title 14 of Pafi 2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address: All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT crvrl- GoDE s 1189 A notary public or other o,Jlcer completing this certificate verifies only the identity ol the indi!idual who signcd thc document lo which this cenilicate is attached. and not thc lrulhl-ulncss. accuracv. or validilv ol-th:lt documenl. County of Riv rside s, May 15 , 2024 before me,Sarah Amanda Lanolev Notar Publi(l personally appeared Fl6r6 ltu6n mm 5nd Tllla ol irf omer Edward J. Carl s()l'l SARAH AAIANOA UXGLEY Not .y Publl( - Calllorni. Rjve6lde Co!nty Commiriion, 21176 77 who proved to me on the basis of satisfactory evidence to be the person(6) whose name(s) is/ar€ subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he#th€* authorized capacity(ies), and that by his/h€4th€ir signature(6) on the instrument the person(E), or the entity upon behatf of which the person(B) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS d and official seal Signature fly Comm. Erplr., Nov ?0, 202,i P1... Nolary Se.lAbove OPTIONAL Though the information below is not required by taw, it may prove vatuabte to person retying on lhe documentand could prevent fraudulent removal and reattachment of this form lo another document. Description of Attached Document Title or Type of Document Performance Bond Document Date: O511312024 Number of Pages Signer(s) other Than Named Above: Rebecca Haas-Bates, Attorney in Fact Capacity(lrc) Claimed by Signer(.) Signer's Name E lndividual a Edward J. Carlso n N/A X Corporate Officer - Title(s)Vice ent o Partner Lr o Limited o General o Attorn€y in Fact o Trustee o Other: Signer is Representing Signer's Name a lndividual D Corporate Offcer - Title(s)N/A tr Partner it o Limited o General o Attorney in Fact a Trustee o Other N/A AI alt Signer is Representing State of California OF SIGNER (PARTNERSHIP) 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 '*Please See Attached.. SS ) ) ) On this day of _, in the year _, 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 and acknowledged to me that he/she subscribed the name of fact. WITNESS my hand and official seal. SEAL thereto as principal, and his/her own name as attorney in Notary Public - State of Californra Page I ) )ss. ) CALIFON lA A.L-PUFPOSE ACKXOWLEDG E]IT ctvtL coDE s 11@ A notary public or olh6r olficar completing this certilicats verilies only the identity of th6 individual who signed the document to vfiich this certificat€ is attach€d, and not tho truthfulness, accuracy, or validity of that document. State of Califomia County of Orange On 05t13/2021 before me,Alma Karen Hemandez, Notary Public Dato Here lnsett Name and ntb of ths Oflicer personally app€ar€d Rebecca Haas-Bates NamelSlof S,gne4tl WITNESS my hand an official seal. Signature of Notary Public Place Notary Seal Above OPNONAL Though this section is optlonal, completing this information can deter altontion of the document or tnudulent reattachmant of this form to an unintendad document. Description of Attachod Document Title or Type of Document:Performance Bond No.7672163 Documant g,glg' 05/1312024 Number of Pages; Four(4) Signe(s)Oth€r Than Nam€d Above: All American Asphalt Capaclty(ies) Claimed by Signe(sl sisna/s Name: Rebecca Haas-Bates Signer's Name: D CorpoEt€ Otficer - Title(s): D Partner - ! Umited tr G€nsral a lndividual ! Attorney in Fact D Trustoe tr Guardlan or Conservator D Othen Signor ls Roprosenting: F'idelity and Deposit Company of Maryland Signer ls Fleprosonting: 92014 National Notary Associatjon ' www.NationalNotary.org . 1-800-US NOTARY (1-800-876-8827) ltem #5907 ) ) who proved to me on the basis of satistactory ovidence to be the personFl whose nams(s} is/ar€ subscribed to ths within instrument and acknowledged to me that fie/she/Ilry exocuted the same in hvher/their authorized capacity(iE ), and thal by triG/her/lheir signatur$on the instrument the person(+ or the entity upon bohalt of which the person(s} act6d, sxecuted tho instrument. I certify under PENALTY OF PEBJURY undor the laws of the State of Califomia that th6 forogoing paragraph is true and correct. Signature D Corporate Officer - Tltle(s):! Partner - ! Limited E General D lndividual El Attomey in Fact fl Trustes n Guardian or Conseruatorf Othsr: _ @.,:;;fjffilffr,;;* ',Anicle V, Section 8, Attomeys -in-Fact. The Chief Executive O{Iicer, the President, or any Executive Vice President or Vicc president may, by written instrument under the attesled corporate seal, appoint attomeys-in-t'act with authority to cxecute bonds, policies, recognizanccs, stipulations, undertakings, or other like instruments on bchalf of thc Company, and may authorize any officer or any such aitomey-in-fact to affix the corporate seal thereto: and may with or without cause modify of revokc any such appointment or authority at any time." CERTIFICATE l, the unde$igned, Vice President of the ZURICH AMtsRICAN INSURANCE COMPANY, the COLONIAL AMERICAN CAsUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, dO hCTCbY CCTtifY that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certiry that Article V, Section 8, ofthe By-Laws ofthe Companies is still in force. This Power of Attomey and Certificate may be signed by facsimile under and by authority ofthe following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5th day of Dccember 1998. RESOLVED: "That the signature of the Presidsnt or a Vice President and the attcsting signaturc of a Secretary or an Assistant Secrctary and the Seal ofthe Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereofbearing such facsimile signature and seal shall bc valid and binding on the Company." This Power ofAftomey and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a mecting duly called and held on the 5th 6ay of May, 1994, and the following .esolution of the Board of Directors of th€ FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and I'acsimile or mechanically rcproduccd signature of any Vicc-President, Secrctary, or Assistant Secrctary of thc Company, whcther nrade herctoforc or hercalter, whcrcver appearing upon a certified copy of any power of attorney issucd by thc Company, shall bc valid and binding upon the Company with the samc force and effect as though manually affixed. lN TESTIMONY WHEREOF, I have hercunto subscribed my name and affixed the corporate seals of the said Companies, this l3th day ol!!4y,2024 . I rnp P,!t,,,&-, Byr Mary Jcan Pcthick Vicc Presidcnt 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 Surcty Claims 1299 Zurich Way Schaunburg. IL 601 96- 1056 xoo-626-45'1',7 lf your j urisdiction allows for electrcnic reporting ofsurety claims. plcase submit to zrrrichna.com seeL'selL" rcponsf'claim Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY.LAWS OF THE COMPANIES PRF7672l6l Bond Number City of Menifee Obligcc 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: Tbat the ZURTCH AMERICAN INSURANCE COMPANY, a corporation ofthe 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 lllinois (herein collectivcly called the "Companies"), by Robert D. Murray, Vice President, in pursuancc of authority granted by Article V, Section 8, ofthe By-Laws ofsaid Companies, which are set forth on the reverse side hereofand are hereby certified to be in full force and effsct on the date hereof, do hereby nominate. constitute. and appointRebecca Haas-Bates, its true and lawful agent and Attomey-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 pursuancc of thesc prcsents, shall be as binding upon said Companies, as fully and amply. to all intents and purposes, as ifthey had been duly cxecuted and acknowledged by the regularly clcctcd 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 rcgularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its olfice in Owings Mills, Maryland., in their own proper persons. Thc said Vice President does hereby certi! that the extract set forth on the reverse sidc hcreof is a true copy of Article V, Section 8, ofthe By-Laws ofsaid Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed tho Corporate Seals ofthe said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this lfg day of Mav, A.D. 2024 . ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAI,TY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND rt') a-;)a,rn, trpteun - State of Marylard County of Baltimore On this f3!b day of Mav, A.D. 2024 , before the subscriber, a Notary Public of the State of Maryland, duly commlssioned andqualified, Robert D. Murray, Vice President and Dawn E. Browrl Secretary ofthe Companies, to me perronallv kuown 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 swom, dePoselh and saith, that he/she is the said oflcer of the Company aforesaid, and that the sealsaffixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Scals and the signaturc as such officer were duly aflixed and subscribed to the said instrument by the authority and direction of the said Corporations. lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. By; Robert D. Murray l/ice Pre,\ident GEN000l r Ed.(08/23) By: Dawn E. Brown Secretarv Aenodovola-la ari.etu oENEVTEVE .IllAtSOirt€ualtalc BALT llrORE CCI}iTY, rOIt Cff.6 Eipd xfl,rnY ,/, 201. SEAL Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 iti$qkr#