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