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04-0907_ALL AMERICAN ASPHALT_Labor and Material Bond (2)BOND NO. 087 27 553• EXECUTED IN.TWO (2) PARTS pretniurielnduded in charge for 'Performance Bond. KNOW ALCMEN UY THESE PRESENTS: That WHEREAS. the City of San Juan Capistreno, a municipal eorporblim of Orange County. Calilprnig, has awarded to ALL AMERICAN ASPHALT Ucente No. hereing'tef designated a$ mPfl(lOppat', a contract for RANCHO VIEJO ROAD RPHARTLTTTATION,MALASPINA ROAD TO and 1700 FEET SOUTH (CIP NO. 120 WHEREAS. said Prledpel isiequired to furnish a bond in connimAlon with the said .Dorfman prori ft that if said Principal, or any of his or Its sub•oorrhadars. shad fad to pay for any materials. provisions. provender or other supplies or teams used in. upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of anykind. the surety or this bond will pay the same. NOW, THEREFORE, We ALL AMERICAN ASPHALT .PedWkarlti FIDELITY AND DEPOSIT COMPANY ama{, held firmly bon ■+d unto the City of San Juan Capistrano. a nxx*3nW corporation, in the penalsurnof_ ***SEE BELOW DOUARS lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors. administrators. and suooassors, jointly and. severally, firmly by these presents. ***EIGHTY ONE THOUSANp���NN N RED THIRTY FIVE AND 12/100ths($81,935.12)DOLLAR THE CONt)ITl�N UU5 OBUGATION is such that, if said Principal, his or its heirs, wmr utors, administrators, successors or assigns. or sub -contractors. shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in. upon, for or about the performance of the work contracted to be done. or for any Work or labor done thereon of any Idnd, or for anxxjr is due under the Unemployment Instxanoe Act with r+esped to such work or labor as required by the provisions of Title 1. Division 5, -Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in ibis bond and also in case suit is bought upon the bond. a reasonable attorneys fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to lite claims under said act, so as to give a right of action to them or thea assigns in any suit brought upon this bond. FURTHER the said surety, for value received, hereby stipulates oxo agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed hereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. 0 As a part of the ob(Cation seamed thereby, and in adMon to qte face amount SpOffled therefor: there shay be induded costs and reasonable e)q)anses and fees, Wudkv reasonable attomey's fees, inarned by Ciel in suoossA ty entxmtg such obQgation. MAO be taxed es -costs and kv*KW in any judgment rendered. two (2) IN WITNESS WHEREOF 1 (M Wm*cd corrrtlerpmts cf this instrument, each of VA*h shel for al puWases be deemed an original #Wed. have been duly executed by the �Prirt*d and surety harein named on the 16th day of AUGUST , 2004 1$X The name and corporate seat of each corporate party being hereto affixed and Dose preservis duly signed by its undersigned representatives pumuara 10 ar ft ft of its goverv*v Body. ALL AMERICAN ASPHALT PRINCIPAL ey, ROBERT BRADLEY, VICE PR DENT FIDELITY AND DEPOSIT COMPANY SUREW OF L D 9y Ob-leN M. BROWN, RNEY-IN- APPROVED AS TO FORM Q&n� - JOHN SHAW, CITY ATTORNEY sweacdooede Om* of ORANGE On 8-16-04 bebmM9. $ARBARA J. BENDER _ y� r..rarravas. a..a.M+.�rrn D hPPmmd OMEN M. BROWN r.oadsara �Qersor,aiy Imowai to me a w be the persons) WhW& rreMW k*M *Mooted to lw wWin W*Uumw* and adawebdpd w ma fret tw same in wa4adW auBwrired emmm on). arw diet by hi dwft& SWW on tre bom mrt the pwoon(a), or tra upon befmff of wtdch Me penon(o) to kwbwwL OPTKWAL 7io1�11 M ea(p,araar,e.�orb norbquie0byla¢ tlloyPOM• �r b pl/i� a�aw Ii d�oaantintloardd0�wibt f auAMrt nArnnrd Md b�d�mM d ei 6ro b enaM mwarR of Aii TWoorTypodDoaererm LABOR & MATERIAL BOND NO. 087 27 553 Ooasront OaMc 8-16-04 - Nwrdmo[PMM TWO (2) Som(s) OVwTbm Named Above: Capadlyow) C.k*nod by S8p' AGL AMERICAN ASPHALT Sfprw o Namx ONEN M BROWN ❑ kub&k®i roadlm, n.« 0 CoipaaleOfiox—TMM(s): 0 Parlrwr-0 Lbnibd 0 OWWW XXKAtomey4►Fsd 0 Tru fte 0 GuNd norCoroervdw 0 OMW. gi w k p, W FIDELITY A11D DEPOSIT COMPANY OF MARYLAND *, ftd.rw+.r .-- a.aw. ,r.roelb~4M6o64W SZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coveraee for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the Stale of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof ds 4 mate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and lawf y-' to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and /1 o ngs, and the execution of such bonds or undertakings in pursuan •a ', s on said Company, as fully and amply, to all intents and purposes, as if th W � xe dy �� ged by the regularly elected officers of the Company at its office in Baf r filI etr rSp-r, This power of attorney revokes that issued on behalf of Owen M. BR O SC flat v 22, 1&9MC� The said Assistant Section 2, of the By -1 6rtffy1hat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WAERSOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I I th day of February, A.D. 2003. ATTEST: 0S- State of Maryland ss: Cuy of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: L. L. Goucher Assistant Secretary M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January I, 2004 POA -F 012.4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of 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 the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of August 2004 A.%vistani Se( rela)N CALIFORNIA ALL-PURPOSE AC State of California County of Riverside ss. On August 20. 2004 before me, Tennille Morris, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Name(s) of Signer(s) TENNILLE MORRIS -iC0 rnisslon q 13746128 Notary Public — Cotifornict Riverside County My Comm. Exp ressep 13, 2006 OPTIONAL X personally known to me _proved to me on the basis of satisfactory evidence to be the person(4 whose name(8f is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisq%441tek authorized capacity( and that by his/hedtl"W- signature,W on the instrument the personof or, the entity upon behalf of which the personw/ acted, executed the instrument. WITNESS my hand and official seal, � Signature of Notary Public 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 Description of Attached Document Title or Type of Document: Labor and Material Bond Document Date: August 16, 2004 Number of Pages: 2 SignerX) Other Than Named Above: Fidelity and Deposit Comoanv of Maryland Signer's Name: Individual XCorporate Officer TitleX: Vice President _Partner- Jimited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here