Loading...
11-0802_AMERICAN ASPHALT_Labor and Material BondPremium Included LABOR AND MATERIAL BOND Bond No.: 7624732 Premium: Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That Executed in Three Counterparts- WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Orange County, California, has awarded to All American Asphalt License No. 267073 hereinafter designated as 'Trincipal", a contract for 1- Pavement Rehabilitation Improvement in Camino La Ronda & Paseo Rita (CIP 07105), 2- Rancho Viejo Road (CIP 11108). and 3-Alleyways in Capistrano Villas II and III (CIP 07105); and WHEREAS, said Principal is required to furnish a bond in conn.6Ction with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fall to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about tire performance of the work contracted to he 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 Fidelity and Deposit Company of Maryland as surety, are Held firmly bound unto the City of San Juan. Capistrano, a municipal corporation, in the penal suni of Nine Hundred Ninety Seven Thousand Two Hundred Eighty Six and 00/100ths DOLLARS C$997.286.00 \l money of the United States of America, for payment of whic h sum well and truly to be made we bind ourselves , our heirs, executors , administrator s and successors , jointly and severally, firmly by these presents . THE CONDmON 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 equipmen t used in, upon, for or abou t the performanc e of the work contracte d to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemploymen t Insurance Act with respect to such wor k or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Governmen t Cod e of California as amended , -flia t the surety will pay for the same in an amoun t not exceeding th e 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 an and all persons, companie s and corporations entitled to file claims under said act, so as to give a right of action to the m or their assigns in any suite brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extensio n of time, alteration or modificatio n of the contract documents or of the work to be performe d thereunde r shall in any way affect its obligatio n on this bond and it does hereby waive notic e of any such, change, extension of time, alteration or modification of the contract document s or of work to be performe d thereunder . As a part of the obligation secured thereby, and in addition to the face amount specified therefore , there shall he included costs and reasonabl e expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. LB-l 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 5th __day of August 2011. 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 PRINCIPiU^ Fidelity and Deposit Company of Maryland SURETY By ^ gN^o 6Vs /v>,^-rAo^ Rebecca Haas-Bates, Attorney-in-Fact APPROVED AS TO FORM Omar Sandoval, City Attorney LB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On August 9. 2011 Date personally appeared _before me, Brenda L. Royster, Notary Public Here Insert name and Title of the Officer Robert Bradley Name^)-eHSigner(^;i BRENDA L. ROYSTER ^ Commission # 1908379 t Notary Public - California 1 Riverside County g My Comni. Expires Oct 26, 2014 L Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my h^nd and official Signaturi Signature of Notary Public OPTIONAL Ttiougti the Information below is not required by law, it may prove valuable to person 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 - City of San Juan Capistrano Document Date: August 5, 2011 Number of Pages: 4 Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Rebecca Haas-Bates, Attorney-in-Fact • Individual X Corporate Officer —Title(s): _ n Partner — • Limited • General • Attorney in Fact • Trustee • Other: Signer is Representing: All American Asphalt Vice President RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s):. • Partner — • Limited,B General • Attorney In Fact^ • Trustee y"' a Other./ RIGHT THUMBPRINT OF SIGNER • Partner — • Limited,B General • Attorney In Fact^ • Trustee y"' a Other./ Top of thumb here Signer is Representing: Top of thumb here Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 08/05/2011 Date personally appeared before me, A. Wilkison, Notary Public Here Insert Name and Title of ttie Officer Rebecca Haas-Bates Name(s) of SIgnerfs) 1 n i * I . ^ A. WILKISON Commission # 1866283 Notary Public - Califorfiia Orange County £ My Comm. Expires Sep'26, 2013 t • • • • • ''^ • " who proved to me on the basis of satisfactory evidence to be the person(9') whose name(s) is/afs subscribed to the within instrument and acknowledged to me that ~tie/she/they executed the same in-hts/her/th^r authorized capacityffe»), and that by bis/her/thetr signature(s)-on the instrument the person('^, or the entity upon behalf of which the person(s)-acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal AtMve WITNESS my hand and official seal. Signature. TP' Signature of Notary Public OPTIONAL 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 Payment Bond #7624732 Document Date: 08/05/2011 Number of Pages: Two (2) Signer(s) Other Than Named Above: Ail American Asphalt Capacity{ies) Claimed by Signer(s) Rebecca Haas-Bates Signer's Name:. • individual • Corporate Officer — Tit!e(s): • Partner — • Limited • General [7] Attorney in Fact • Trustee C Guardian or Conservator • Other: Signer Is Representing: Fidelity and Deposit Company of Maryland FSfGHTTHUf.lBPt^INT OF SIGHEh Top of tfiurnb fiere Signer's Name:__ • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: fasuTTHUMBPRirfr OF SfGNER Top of thumb here ©2007 National Notary Association • 9360 De Soto Ave.. P.O. Box 2402 • Ctiatswortti, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 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 State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vi, Section 2, of Ihe By-Laws of said CDHyJ^ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da^ h^i^lQjWMiereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES, Seraio^ijmJH^Rj^^, RMrafa ADAIR and P. BAUER, all of Glendale, California, EACH its true and !aytftoi^n\Mjs®tOTnew^ execute, seal and deliver, for, and on its behalf as surety, and as its act^df^tir\^^A.and alHbj^ and the execution of such bonds or undertakings in pursuance afJtoit^^sjiravshail Besaid Company, as fully and amply, to aii 1^^5^a^mjl\dfekecuted-aTri the regularly elected officers of the Company at ^^thMcnro^^p^^^j^fsAiis of attorney revokes that issued on behalf of Richard tS^^ps^^^ certify that the extract set forth on the reverse side hereof is a true copy of Article VI, said Company, and is now in force. IN WITNESS WHEREOF, 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 27th day of June, A.D.20ii. intents and purposes, as if the its office in Baltimor^^'^^ ADAIR, P. BAUER\ The said Assistant Stg Section 2, of the By-LH^ ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes By: Assistani Scrrclciry Frank E. Martin Jr. 0 Vice President State rtflylaryiand City of Baltimore ss: On this 27th day of June, A.D. 2011, before the subscriber, a Notary Public of the Slate of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, 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 sub.scribcd to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and alllxed my Olllciai Seal the day and year first above written. A^"'A. /A-'A\ /' vo/j; s.rt,,.ijiii>...A/ '"'„,„|W Constance A. Dunn Notaiy Public My Commis.sion Expires: July 14,2015 POA-F 012-0033D 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." I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is stiii in full force and effect on the dale 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 speciaiiy 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 facsimiie'^Gr mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whetjler'made Heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be'<ialid 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, CERTIFICATE this 5th day of AtlQIISt ?ni1 Assistani Secreiaiy