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HomeMy WebLinkAboutAll American Asphalt Bid Bond & Release Letter � ,���y '� � � � ��. � :� �i Ci of Temecula • \ S � a�`� � \ �:` ,��', � >• �� ;City Cierk Department 41000 Main Street • Temecula, CA 92590 i g$9 Phone �951 � 694-6444: • Fax'�951 � 694G442. • www.cityoftemecula.org ' , �. , �. August 23, 2013 All American Asphalt Attn: Robert Bradley, Vice President 400 E. Sixth Street Corona, CA 92879 Subject: Project No. PW10-12 Pavement Rehabilitation Program — Rancho California Road (Jefferson Ave. to Ynez Rd.) Robert, Thank you for your courtesy in submitting a bid for the above-referenced project. The City Council of the City of Temecula at its meeting of July 23, 2013, awarded the contract to R.J. Noble Company. Therefore, the Bid Bond you submitted with your bid has been released. The above-mentioned original Bid Bond that accompanied your proposal is enclosed. Your cooperation in working with the City of Temecula is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, ���� `�°��`�-- Shelley Pollak Office Specialist Enclosure Bi� �ate: 06/27/13 (1 Q°fo of khe Proposal Amaunty CITY QF TEMECULA, PUBLIC WORKS DEPARTM�NT BOND t�t0. 08597423 81D BONb F�R Pa IIEMENT REHABIL�TAT�ON PRQG1�i4M — RANCHD CALIFd�tN��4 RpAD {JEFF€RSON AYENUE T� YNL�Z RQAD) PROJECT 11lC1. PWfia-i2 KN�W ALL PERSONS BY TH�SE PR�SENT that we All American Asphalt 400 East Sixth Street Corona, CA 92879 nr,an�E � a��RESS o� ca,v�R,acroR as "Princi�allBidder," and Fidelity_and Deposit Company of Maryland IVIIM� QF SLIR�TY ---- as "Surety," are held and firmly bound unto City af Ter�eeula a� °Agency" in the penal sum af Ten Percent of Total Bid Amount I�ollat'� �t1Ct 00 ��n{� ($1 O% ), for th� paymen# af which sum wel! �nd truty to be made, we bind aursel�es, our heirs, executors, adminis#rators and suc�essors, jointly and severaily, firmly by these presents. THE COND1710NS OF THIS OBLfGAT'ION are such that whereas the Prin�fpaUBidder subrrti�ted ko the Agency a certain proposal, attached hereto and hereby made a pa►t hereof, ta enter into a contract in writing for the canstruetion pf PAVEMENT FtEHABI�lTATIOf�{ RROGRAM — RANCHC! CAI,IFaRNIA R0�4D (.t�FFERS�N AVENUE TO YNEZ RDAQ), PRt�JECY N(). PW70-1�, and wilf fumish alI r�quir�►d cer#�icates aF i�surance and bands as required by the Contr2ct. NOW THEftEFORE, if said Proposal shaR be re�ected; or in the �Iternate if said Proposal shalf be accepted, and the PrinGipa!/Bidde� sh21! execut� and defiver a contract in the prescnbed �orrn af Agreement, shall deliver certifcates evldencing that the required insura�ce is iet eff�ct and shalf execute and deliver PerFarm�r�r,e �nd Payme�t (Labar and Materials� Bonds in the forms prescrtbed, 2�nd sh�fl in all other respects perform the �greement crea�ed by the acceptance of said Preposal, then this obligation shali be void; otherwise, this abligation shall rern�ir� in force and efFect, i# being expressfy understood and agreed th�t the iiabifity a� �he Surety for any and al! default af the Princip�Il6idder hereunder shall be the �mou�t oF this oblig�tion as herein stated. In the event suit is brought upon this bond by Ag�ncy and judgmen# is re�ov��ed, 5ure#y shell pay ail cas#s incurred by Agency in s�{d suit, it�ttuding a reasonabfe attomey's fee #o be fixed by the caurt in 2ddition to fhe face arnount hereof. PRGPOSAL P�9 The Surety, for the v�lue received, hefeby stipulaEes and agrees that the pbligations pf said Surety artd its 6qnd shafl in no way be im�aired or affected by an extens'ron ef the time within which t�e Agency may �ccept such a propasal; and said Surety dqes hereby waive notiee of any such exte�sion. fN WITNESS WHEREQF, the abvve bounded parties ha�e execu#ed #hi$ instrument und�r #heir se�er�l se81s t#1i5 6th day of June , 2073 the name and corporate seal of each carporate paRy beirtg hereto �ffixed and these presents duly sigr�ed by its undersigned representative, pursuant ta authority of its goveming body. arT�ST: (Prir�cipql/�idderj All American Asphalt {Address} 400 East Sixth Street Corona, CA 92879 ��Y) � (�t1e) � 'C��,�p,�t �,LtCL�r.����evti� .� N�TE: SlGNATURE OF C�RPaRATE OF�ICiALS MUST BE NOTARIZED ATFEST= (Surety) Fidelity and Deposit Company of Maryland (Address} 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 �,�, - - = , � ...�=�==-" — -- ( v��� . e (r��) Wlliam rki - orney-In-Fact NoTE: SIGNATURE OF SLfF2ET�r OFFrGiaLS tNUST B� N07'ARIZED PROPpSAL , P•10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California county of Riverside on June 21, 2013 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley � Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a�e subscribed to the within instrument and acknowledged to me that he/sk�e/�t-ie� executed the same in �%°�� DONNA THQR�JE his,�°�%.�.��°�• authorized capacity(ies), and that by his/#�er�t#e+� -�°� �� �={, Commission # 1892010 signature(s) on the instrument the person(s), or the entity upon behalf Q- �� '� ��� z of which the person(s) acted, executed the instrument. �-� � �°'' Notar Z: y Public - Califiornia z z e�" : -ti.�'.� D �� Riverside County My Comm. Expires Jun 7, 2014 � I certify under PENALTY OF PERJURY under the laws of the State of � Califomia that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of NoWry Public OPTIONAL Though 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 Bid BOnd Document Date 6/06/2013 Number of Pages: Two (2� signer(s) otner Tnan Named Above: Fidelity and Deposit Companv of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice-President ❑ Corporate O�cer — Title(s): ❑ Partner— o Limited o General ❑ Partner— o Limited o General ❑ Attorney in Fact • � -. ❑ Attorne in Fact ' � ❑ Trustee Top of thumb here y Top of thumb here ❑ Other: ❑ Trustee ❑ Other: Signer is Representing: All American As halt Signer is Representing: CALIFORNIA ALL-PURPOSE ACKPIOWLEDGMENT State of California County of Orange On 06/06/2013 before me, A Wilkison, Notary Public , Date � Here insert Name and Tifle of the Officer personally appeared William Syrkin Name(s} of Signer(s) who proved to me on the basis of satisfactory evidence to be the personFs) whose name(s� is/efe subscribed to the within instrument and acknowledged to me that he/she/t�►eq executed the same in his/#�ef/their authorized capacity(tes), and that by his/I�er/#�ieif signature(s} on the A. WILKISON instrument the person(s}, or the entity upon behalf of ° �� which the erson acted, executed the instrument. .� '"�',� Commission # 1866283 Z P �' Q,�=�t Notary Public - California D Z`�- %� Orange County I certify under PENALTY OF PERJURY under the laws My Comm. Expires Sep 25, 2013 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � . ^ Signature �,t7 • (-�.e.f���— � � Place Notary Seal Above Signature of No Public OPTIONAL Though the information below is not required by law, it may prove valuabfe 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: Bid Bond Document Date: 06/06/13 Number of Pages: Two (2) Signer(s) OtherThan Named Above: All American Asphalt Capacity(ies) Ctaimed by Signer(s} Signer's Name: William Syrkin Signer's Name: ❑ Individual .- Individual � Corporate Officer — Title(s): � � Corporate Officer — Title(s): ` Partner —�� Limited � Genera! � Partner — I� Limited ❑ General _, , . �: - -.: -;: : : • ,; 0 Attorney in Fact �� � �' =! Attorney in Fact •�__- �; Trustee Top of thumb here ;: Trustee Top of thumb here � Guardian or Conservator ` Guardian or Conservator � Other: _,� Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland i m2U77 National Notary Associa6on • 9350 De Soto Ave.. P.O. Boz 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Hem a5907 Reorder Call Toll-Free 1-8Q4876•6827 EXTRACT FROM BY-LAWS OF THE COMPANIES °Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like insnuments on behalf of the Company, and may authorize any o�cer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. " CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL PuVIERICAN CASUALTl' AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is stili in force. 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 ZUP�ICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shail be valid and binding on the Company." 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 COLOI�'IAL AMERICAN CASUALTY AND SURETY CUMPANY at a meeting duly called a�►d held on the �th day of May, 1994, and the following resolution of the Board of Directors of the FIDELIII' Ai�ID DEPOSIT COMPANY OF MARYLAND at a meetin� duly called and held on the I Oth 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 attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREQF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 6th day of June 20 13 _ � ocros� °�µ a�Wt�► � yo" � ; �,?�'�°d"�W'�•: °� � a : � : c� l � �wr ; : --- #�a SBAL � °:- '*" : ; b., �eee f a� .,.., 7 o : oj��..- * et� `'^'..,� »..w � ������ a� � "�" Geof&ey Delisio, Vice President ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvioe, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURET'Y COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND _ u3Y4�� ' �p 9E/p `G�yy WS(�E �M� O t � a .(4 • o n 88AL � � � ` :�; '�---'°�:�__ «. 7 ► u" : : u`. ti� %�D i u�+� o �:`��:-�..=��.c h �pua * i��P' J � � �. �'� � �f� ��, �r"f� � �/`� +f� � � Assistant Secretary Vice President Eric D. Barnes Thomas O. McC[ellan State of Maryland City of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the S[ate of Maryland, duly commissioned and qua;i�iFci, : i3.G�:V1:�5 O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of [he Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corpoiations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `������ �`��� �''�, J � ` `� ' }� �:l% ,�:�` '.,.. ; � / ) J�: '� n �_ ��)�.,n--r.., .`. ;�u.���;� .F , =/��•....... �-;i��.. � ������i���i����� Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA-F 012-0033D