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1997-1015_ALL AMERICAN ASPHALT_Letter to Excel Paving 00'J' 0 DRUG USE : MEMBERS OF THE CITY COUNCIL IS COLLENE CAMPBELL JOHN GREINER • AB / 1 ` 'Vm(ORPORA. WYATT HART • ISIRBL,Ho 1961 GIL JONES 1776 I DAVID M.SWERDLIN efics• • CITY MANAGER • • GEORGE SCARBOROUGH October 15, 1997 Excel Paving Company 2230 Lemon Avenue Long Beach, California 90806 Re: 1997-98 Preventative Street Maintenance Bid Gentlemen: At their meeting of October 7, 1997, the City Council of the City of San Juan Capistrano was advised that Excel Paving Company was the low bidder on the 1997-98 Preventative Street Maintenance project. However, due to a bid error, Excel Paving had indicated it did not wish to enter into a contract for the project. The City Council subsequently approved the staff recommendation to relieve Excel Paving of its bid and authorized the return of its bid bond. The original bid bond submitted with the project bid is enclosed and hereby returned to you. Please feel free to contact Brian Perry at 443-6353 if you have any questions. Very truly yours, Cheryl Johnsen, C C City Clerk Enclosure cc: Engineering and Building Director Brian Perry 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 t!i BID BOND RETURNED PER CITY COUNCIL ACTION OF 10/7/97 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, PALP Irc• dba Duel Paving alicani as PRINCIPAL, and Ftfra1 Insurance Catny , as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ 10% of de bid . , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated Sel:terter 9 , 19 97, for the construction of Preventative Street Maintenance 1997-98 for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then :- the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, 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 reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. BB-1 • IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this 20th day of fit, 1987 the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PALP Irr• cta Exoa1 Paving anRny PRINCIPAL BY: ( - 1/l.►_�.. �/ Title: c" p anowN PfFSIDFNT ATTEST (If Corporation) Corporate Seal Ina r a r ce Garpany SURETY ATTEST BY: C(- P• •las A. -.m Title: ' •• - in Fact Title APPROV • AS TO FORM: I John • Shaw, City • ttorney BB-2 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 8/20/97 before me, Christine M. Rapp, Notary Public Date Name,Title of Officer-e.g."Jane Doe, Notary Public" personally appeared nnug 1 a s A_ Rapp Names(s)of Signer(s) personally known to me or 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 on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, • CHRISTINE M. RAPD / L ✓ % —tn ? � Comm,11102778 1 U1 e, •,:tk v' NOTARY PUDIIC•CAUiORNIA _I L, 102- , ori,;,- /% / �.( �� r� r Orange County Signature of Notary ;,sR My CommExpires July 9,2000 T ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Partner(s) _Attorney-in-Fact _Corporate Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings(other than Bail Bonds)filed in any suit, matter or proceeding in any Court,or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village,Board or other body or organization,public or private; bonds to Transportation Companies,Lost Instrument bonds;Lease bonds,Workers'Compensation bonds,Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. a Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 10th day of • March 19 94 Corporate Seal 4,0401J,^.40 .,,,47,1:,-;:/*4.` 41, * M , FEDERAL INSURANCE COMPANY BY fZ� Kenneth C. Wendel Gerardo G. Mauriz Assistant Secretary Vice President STATE OF NEW JERSEY ss County of Somerset On this 10th day of March 19 94 , before me personally came Kenneth C. Wendel to me known and byme known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C.Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company,and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G.Mauriz and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seal tee Acknowledged and Sworn to before me e on the date ab written. 10- lc . � CCZ;Ut� • • Notary Public �•� l+ BT A.9CAVU' 'Pc�btic,S:�ts of Phw Imgd! bio.2r c-S20 Mara Fxpan:aOoe .2,1994 PRINTED Form 15-10-0134(Rev.10-93)GENERAL M-55627(500) U�NA • CERTIFICATION STATE OF NEW JERSEY ss. County of Somerset f I,the undersigned,Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2.All bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,Vice Chairman, President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Com- pany may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island;and is also duly licensed to become sole surety on bonds,undertakings,etc.,permitted or required by law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. of Given under vgishand and 9 segl, of said Company at Warren, N.J., this 20th day Corporate Seal / !Q i 41 � Assistant 1kratary� ••f '�' mL �5•t�'Q State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES SEP 0 9 1997 On before me Celeste A. Graham, Notary Public (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC'! personally appeared Palp Inc. DBA Excel Paving Company INAMEISI OF SIGNERISII by C.P. Brown President CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE Si personally known to me -OR- 1=1proved to me on the OFFICER(S) (TITLES) basis of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the OGENERAL person(s) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the ❑TRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: _.OFFICIAL SEAL he/she/they executed the ,,'40111‘1 CELESTE A.GRAHAM ( same in his/her/their :ARNOTARY PUBLIC-CALIFORNIA ! ,sno, COMMISSION#1145104 c authorized capacity(ies), SIGNER IS REPRESENTING: N `�� 1� (Name of Person(s)or Entit � LOS ANGELES COUNTY � and that by his/her/their Yliea) My Commission Exp.July 30,2001 ` signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT(Optional) Witness my hand and official seal. (SEAL) 7;,) (SIG ATURE OF NOTARY) 4� CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS) OCORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERIS) {LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entitylies) WOLCOTTS FORM 63240 Rev.3-94(price class 8-2A) 1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IllIllIlIl Jill 7 67775 63240 8