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
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tw same in wa4adW auBwrired
emmm on). arw diet by hi dwft&
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tra upon befmff of wtdch Me penon(o)
to kwbwwL
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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
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gi w k p, W FIDELITY A11D DEPOSIT COMPANY
OF MARYLAND
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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
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