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All American Asphalt Cash Bond CIP24-06 7672163Bond No.: 7672163 Premium as included in the performance bond Executed in: 3 Counterparts PAYMENT BOND (Bond for Labor and Material) KNOWALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Menifee, in the County of Riverside, State of California, by minute action passed_, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for construction of the CIP 24-06 KAY CENICEROS PARKING LOT -project together with appurtenances thereto, and 'RENoVATIoN & CIP 24-12 LA LAOERA PARK ENHANCEMENTS 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 fo rth; NOW, THEREFORE, we All American Asphalt as Principal, and Fidelity and Oeposit Company of Ma land 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 one Hundred Twenty one Thousand .. Dollars ($ '121,999.00 ), 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, jointly and severally, firmly by these presents. ** Nine Hundred Ninety Nine and 00/100 THE CONDITION OF THIS OBLIGATION lS SUCH THAT if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fall 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 318'l , 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 ot Parl2 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 400 East Si)dh Street, Corona, CA 92879 777 S. Figueroa Street, Suite 3900, Los Angeles, 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, under penalty of perjury,on the 'l3th day of lvtay ,2024 ,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 Ez/tro,& t,. (ar tso,". l/y)Fidelity and Depos it Company of Maryland Surety By Rebecca Haas-Bates, Attornev-ln act and upon Surety at this address: Fidelity and Deposit company of Maryland CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT crvrl- coDE s 1189 A notary public or other oflicer completing this certificate verifies only lhe identity oflhe individual who signed the document to which this certificate is aftachcd. and not the ruthlulness. accuracv. or validitv ofthat document. State of California s, May 15,2024 before me, Sarah Amanda Laneley. Notary Public H6r€ rft6n rum 5.d T rl. ol rh€ offcer Edward J. Carlson 5ARlH A'IANOA LANGI.EY Hotary Public - Californla Rlve6166 6ornO Commlrrlon f 2337t77 who proved to me on the basis of satisfactory evidence to be the person(e) whose name(6) is/ar€ subscribed to the within instrument and acknowledged to me that he/GheAhey executed the same in his/h€{*h€ir authorized capacity(ie6), and that by his/h€rAh€ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) 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. Signer's Name n lndividual o Partner a Limited D General tr Attorney in Fact tr Trustee tr Other; NiA Lly Cornm. Erpir6 tlov 20. 202,t WITNESS nd a nci offr seal Signaturc Pl!c. Not.ry Se.r above OPTIONAL Though the information below is not required by law, it may p.ove valuable to person relying on the document and could prevenl faaudulent removal and realtachment of this form to another documenl. Description of Attached Document Title or Type of Document Document Date: 0511312024 Number of Pages Signe(e) Other Than Named Above: Capacity(i!c) Claimed by Signer(c) Rebecca Haas-Bates, Attorney in Fact Signer's Name E lndividual Edward J Carlson N/A X Corporate Officer - Title(e)Vice s dent N/A Signer is Representing All Am fl n Signer is Representing County ot Riverside Oale personally appeared Payment Bond tr Partner ! tr Limited o General o Attorney in Fact o Trustee o Other: _ o Corpo.ate Oflicer - Title(s): OF SIGI{ER OF SIGN€R c rFoRittA aLL-puRPoaE acKxowLEDG E r clvlL coDE s 1189 A notary public or othor officsr completing this csrtificate vBrifis only ths identity of the individual who signsd th8 documeni to which this csrtificate is attached, and not the truthfulnoss, accuracy, or validity ot that document. State of Califomia County of Orange On 05,r3/2024 before me,Alma Karen Hemandez. Notary Publrc Date Here lnseft Name and ntle of tha Oflicar personally appoared Rebecca Haas-Bates Namelllof S,gnedl] who provod to me on the basis of satisfactory evidence to be the personF) whose name(+ iytfs subsiribed to the within instrument and acknowledgsd to me that tr€/shentrey exocuted the sams in hvher/ttreir authorized capacity0Es), and that by triG/herllheir signatur$|on the instrument ths person(+ or the entity upon behalf ol which tho p€rsonF) acted, executed tho instrument. I certify under PENALry OF PERJURY undor the laws of tho State of Calitomia that the foregohg paragraph is true and correct. Signgr's Nama:Rebecca Haas-Ba Signer's Name: Signature Signature of Notary Public D Corporate Otticer - Title(s): D Partner - fl Limited fl Goneral! lndividual E Attorney in Fact C Trustee f) Guardlan or Conservator AL'iA KAREN HERNANDEZ Notary Publi. - Californla 0ra4e Colnty Comnirrlon { 2!90908 ay Cornm. ErFres J.n 16, 2025 tr Corporate Officer - Trtle(s):! Partnor - ! Limited E General! lndividual ts Attomey in Fact! Trustee ! Guardian or Conssrvator tr Other:D Othen Signer ls Reprosenting: 02014 National Notary Association ' www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 WITNESS my hand and official seal. ) ) Place Notar, sea! Above oPnoNAL Though this section is optlonal, completlng this infomation can dater altention of the document or tnudulent raattachment of this form to an unintended document. Description of Attached Documcnt Trtle or Type ot Document: Payment BondNo.7672163 Docum€nt 94g 051!31.2024 Numbor of Pages: Four (4) Signe(s) other Than Named 456vg All American Asphalt Capaclg(ies) Claim6d by Sign6(s) Sionor ls R6or6s6ntino: rideiity ana beposlr co-mp-iil6fMlEliiii--- EXTRACT FROM BY.LAWS OF THE COMPANIES l, the undersigned, Vice President of the ZURICH AMtsRlCAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. and thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hercby certify that the foregoing Power of Attomey is still in full forcc and cffcct on the datc of this certificatc; 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 DirecroN of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on thc I5th day of Dccember 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Sccretary or an Assistant Secretary and the Seal ofthc Company may be affixed by facsimile on any Power of Attomey...Any such Power or any ce(ificatc thereofbearing such facsimile signaturc and seal shall bc valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority ofthe following resolution of the Board of Dircctors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly callcd and held on the 5lh 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 callcd and hcld on the loth day of May, 1990. RESOLVEDT "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically rcproduccd signature of any Vice-President, Secretary. or Assistant Secretary of the Company. whethcr made heretoforc or hercaftcr, whcrevcr appearing upon a certified copy of any powcr of attomcy issued by the Company, shall be valid and binding upon the Company with the same forcc and effect as though manually affixcd. IN TESTIMOI.ry WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this l3th day o[!!sy . 2024 . I rnS Prlk tk- By Mary Jean Pethick Vicc Presidcnt TO REPORT A CLAIM WITH REGARD TO A SURI]'I'Y BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION O[. THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMA'tION TO: Zurich Surcty Claims 1299 Zurich Way Schaumburg, lL 60196-1056 800-626-4571 SEAL Authenticity of this bond can be confirm!'d at bondvalidalor.zurichna.com or 410-559-8790 "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice Prcsident may, by written insfument under the attestcd corporate seal, 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 affix the corporatc seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE If your jurisdiction allows for electronic rsponing ofsurety claims, please submit to: reoortsfclaimsCrDzurichna.com PR87672 r 63 Bond Number City of Menifee Obligee ZURICH AMERICAN INSURANCE CONIPANY COLONTAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEP()SIl'COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That thc ZURICH AMEzuCAN INSURANCE COMPANY, a corporation of thc State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of lllinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectivcly called thc "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, ofthe By-Laws ofsaid Companies. which are set fbrth on the reverse side hereofand are hereby cenitied to be in full forcc and effect on the date hereof, do hercby nominate, constitute. and appointRebecca Haas-Bates, its truc and lawful agent and Attorney-in-Fact. to make, execute, seal and deliver. for, and on its behalfas surety, and as its act and deed: any and all bonds and urtdertakings, and the execution of such bonds or undenakings in pursuance of these prcsents. shall bc as binding upon said Companies, as fully and amply, to all intents and purposes, as ifthey had been duly executcd and acknowledgcd by the rcgularly clected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., rhe rcgularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its officq in Owings Mills, Maryland., in their own propcr pcrsons. Thc said Vice Presidcnt does hereby ccrtifo that thc extract sct fonh on thc reverse side hercof is a true copy of Articlc V, Section 8. ofthe By-Laws ofsaid Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hcreunto subscribed hisfter names and aflixed the Corporatc Seals ofthe said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND. rhis 13th day of Mqy, A.D.2024 . ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND @**r 6Ww"-- By; Robett D. Murray Yice Pre.rident By: Dawn E. Brown Secretar-v State of Maryland County of Baltimore On this l3th day of Mav, A.D. 2024 , before tlrc subscribcr, a Notary Public of thc Stare of Maryland, duly oornrnissiorcd and qualified, Robert D. Murray' Vice President and Dawn E. Brown, Secretary ofthe Companies, to me peruo,lally known to be thc individuals and officers described in and who cxccuted the preceding instrument, and acknowledged thc execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesairl, and that the seals affixcd to thc preceding instrument are the Cor?oratc Scals of said Companics, and that the said Corporate Seals and the signaturc as such officer were duly affixed and subscribed to thc said instrument by the authority and direction of thc said Corporations. IN TESTIMONY WHEREOF, I have hercunto sct my hand and atfixed my OIIicial Seal the day and year tlrsr above wrinen. GEI|EVTEVE lt. illtsotaror fiy Fruc BALI MORECqJNTY lllD GEN000lt Ed.(08/23) SEAI'SfIL Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 s*J{i,-?.,ir#$AenaftopM.Me*