1997-0909_ALL AMERICAN ASPHALT_Labor Material Bond No. 5895894 BOND NO. 589 58 94
EXECUTED IN THREE (3) PARTS
Premium included in charge
for Performance Bond.
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, has awarded to ALL AMERICAN ASPHALT License
Nn. 1 hereinafter designated as "Principal", a contract for _
PREVENTATIVE STREET MAINTENANCE, 1997-1998 ; and
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub-contractors, shall
fail to pay for any materi ii, prOv(ficnt. PrOverldtr or Other supplier, or teams livid in,
upon, for or about the performance of the work contracted to be done, or for any work or
labor done thereon of any kind, the surety or this bond will pay the same.
NOW, THEREFORE, we ALL AMERICAN ASPHALT
Principal, and SAFECO INSURANCE COMPANY OF AfKERIZ'A , as surety, are
held flrrnjy bound unto the City of San Juan Capl3trano,a municipal corporation, in the
penal sum of ***(SEE BELOW) DOLLARS
($ *** ), lawful money o t UnitedStates of America, for payment of which sum
wellaan my to be rt;a.ie wt bind uurxlves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
***THREE HUNDRED TWENTY FIVE THOUSAND, NINE HUNDRED EIGHTY FOUR AND 34/100ths DOLLARS
($325,984.34)
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, 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
wnrk or lahnr done thereon of a.ny kind. or for amounts due under the Ilnernnlr,yrnrans
Insurance Act with respect to sueh work er labar as required by th c orisious 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 this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, 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 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.
As a part of the obligation secured hereby, and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasasabsle attorney's fees, itt',ut tadl by Oily ui enforcing such
ubli1641,43+U, dli to be taxed as costs and included Lei any judgment rendered.
I.M-1
IN 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 6th day of OCTOBER
19 97 . The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
ALL AMERICAN ASPHALT
PRINCIPAL
By
SAFECO INSURANCE COMPANY OF AMERICA
SURETY
BY �a
00 N M. BROWN, ATTORNEY—IN-Fact
APPROVED AS TO FORM
SAFECO INSURANCE COMPANY OF AMERICA
4 HUTTON CENTRE, SUITE 250—B
SANTA ANA, CA. 92707
. . s ` , _' ATTORNEY 'HONE: 714-437-3052
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
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r CALIFORNIA OPTIONAL SECTION mom
r State of CAPACITY CLAIMED BY SIGNER
County of RIVERSIDE Though statute does not require the Notary to
fill in the data below, doing so may prove
1i invaluable to persons relying on the document.
O G�S*,1 i before me, PATRICIA M. CORONADO, NOTARY PUBLIC El INDIVIDUAL ,
1 DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC-
CORPORATE OFFICER(S) 1
personally appeared ROBERT S. BRADLEY VICE-PRES-
{ NAME(S)OF SIGNER(S) TITLE(S)
t
impersonally known to me - ••'•4:tiot to st ►••;Attire'-b• ^�.���,t.i.•tett tpgr.��•�...A!► PARTNEA(S) El
LIMITED
f to be the person%) whose name(X) is/ GENERAL
( subscribed to the within instrument and ac-
❑ATTORNEY-IN FACT
knowledged to me that he/ioWtfiii executed ❑TRUSTEE(S)
•
the same in his/tXXXXXiet authorized D GUARDIAN/CONSERVATOR
capacity(Jea), and that by hisnCr E OTHER:
signature(%) on the instrument the person(,
or the entity upon behalf of which the
1-�" person(] acted, executed the instrument.
trl • DA' 'IAM.`.,"Q"NADC' SIGNER IS REPRESENTING:
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�iOSYP eit-CaMORyo 1 WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
• �wrorCarry ALL AMERICAN ASPHALT
11,1 tiler Corm Wes bones an 20.ZOO
•
1 SIGNATURE OF NOTARY
OPTIONAL SECTION `` \ ` 1 G
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTL \Ji -4- - \an.-1'L b4 rY\ -S�fR-S-S- l L .
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES 2--- DATE OF DOCUMENT \C, -CC- Cr
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE �✓"-\ Q c r� . NLS.
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AL IL-PURPOSE ACKNOWLEDUMEHT No 5179
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nState of CALIFORNIA
CAPACITY CLAIMED BY SIGNER
/ '
County of ORANGE 0 INDIVIDUAL
10-6-97 ❑ CORPORATE
On before me, BARBARA J. BENDER, NOTARY PUBLIC OFFICER(S)
DATE NAME,TITLE OF OFFICER•E.O.,'JANE DOE,NO1ARY PUBLIC UTLE(S)
0 PARTNER(S) ❑ LIMITED
personally appeared OWEN M. BROWN 0 GENERAL
NAMES)OF 8IGNER(S)
13 personally known to me -R31lx 6G-tf46 : . t ;:� o c ,.^» ?•'4 .'i"-•�. ATTORNEY•IN-FACT
to be the person(/5 whose name(1() is/fir ❑ TRUSTEE(S)
subscribed to the within instrument and ❑ GUARDIAN/CONSERVATOR
cknowledged to me that he/iinektkany 0 OTHER:
executed the same in his/ K
authorized capacity( , and that by
i' 4'" ^ +'► B%I.RB/.ha J. BENDER tisJ `icrir signatures) on the instrument
I.
ul 'x- r:h C01�"1 M. #1097138 ltle person
(S),r •;10TARY I-.1BLIC CALIFCR,NIA p (S), or the entity upon behalf of SIGNER IS REPRESENTING:
r, kNAME Of PERSON(S)OR ENTITY(IES)
Q,'.,' ORANGE COUNTY r vhi - he person(4) acted, executed the
�4Y Ci►Htt E-P. JUL 13 2000 1 : :nt. SAFKCO INSURANCE COMPANY
OF A1( ICA
imik. ww.: 0.0.wrwil iwvi swai. . =.):a .,, . nd •nd 0 if,
4.................. SIGNATURE OF/TARP
ATTENTION NOTARY:Although the informauon requested below,s OPTIONAL,,1 could Ixevent fraudulent anachment of this certificate to an unauthorized document
THIS CERTIFICATE Title or Type of Document LABOR & MATERIAL BOND NO. 589 58 94
MUST BE ATTACHED of Pages 2 Date of Document 10-6-97
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other than Named Above ALL AMERICAN ASPHALT
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01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91304•
POWER
OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
/��/�/� SEATTLE, WASHINGTON 98185
SAFECVO
No. 9164
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
OWEN M. BROWN, Anaheim, California
its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE
COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home
office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 4th day of January , 1993
ni,Fgc; o, qv DAN D McLEAN,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BUNDS . . . the President, any Vice President. the Secretary. and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however.
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.
(i) The provisions of Article V, Section 13 of the By-Laws. and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto. and
(iii) Certifying that said power-of-attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the
By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are
true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 6th day of OCTOBER 97
,3
C01044r QPNOE C04,04.
tS GQRPORgT� .r
W �9s h 0 CORPORATE r
SEAL t. SEAL c
,Ln s x _� R.A PIERSON.SECRETARY-
/441953 �a ��rdi 192�a�
S S-1300/EP 1193 FOF WO- a of 01,0A 0 Registered trademark of SAFECO Corporation.