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HomeMy WebLinkAboutBOND SUBMITTALDocument A310 TMi -- 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (Name, legal status and address) Courtney, Inc. 16781 Millikan Avenue Irvine, CA 92606 OWNER: {Nance, legal status and address) City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 BOND AMOUNT: 10% of Bid SURETY: {Name, legal status and lrrtrrctpal place r f hrtrtnes.V) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices 790 The City Drive South, Suite 200 Orange, CA 92868 Ten Percent of the Total Amount Bid PROJECT: (Saine, location oraddresx atrdProject number. ifart) City Hall Re-Roof/Rehabilitation Project This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, oxccutom administrators, successors and assigns, jointly and sevemily, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project mid othencise acceptable to the 0mier, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Hond, between the amount specified in said bid and such larger amount for which tiie Owner may in good faith contract a7th another party to Nrlbmi the work covered by said bid, then this obligation shall be null and void, otherivi.se to remain in lull force and ellecl. The Surety hereby arrives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to Lilly extension exceeding sixty (60) days in the aggregate beyond the time for acceptance ol'bids specified in tine bid documents, and the Owner and Contractor shalt obtain tiie Surely?s consent fir an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractors bid to a Contmetor, the term Contractor in this Bond shall be deemed to be Subcontractor and the semi Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location ofthe Pr(ject, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confirming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond %hail be construed as a stattitory- bond and not us a common lave bond. Signed and scaled this 27th day of February, 2024. fJt'1uress) e"I gryanesx) Kim Luu Courtnev. Inc. lPrindpal) 001) — cv'�h B: mile] Liberty Mutual Insurance Company _ t.Bntyi (,Brut) By: iTttle) Leig McDonough, Attorney- n Fact S-00541AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1188 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of _ Orange FEB 21 M4 Heather Rose Saltarelli, Notary Public On before me, ;. Date Here. Insert Name and Title of the Officer personally appeared Leigh McDonough Name(s) of Signer(s) 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. or r HEATHER ROSE SALTARELL� I - a Notary Public - California Signature Orange County I_ _._... Commission # 24os4Q Signature of Notary Public `� •"* My Camm. Expires Jul 27, 2026 Place Notary Seal Above - OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer's) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer Title(s): i__ Corporate Officer -- Titles): A Partner -- :_ Limited ',` General Partner -- Limited __ General I Individual fx Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator 17, Other: _ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5807 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty MutuaL SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8211253-977460 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jessica Alvarado, Jeri Apodaca, Kevin Cathcart, Vanessa Copeland, Maria Guise, Terah Lane, Kim Luu, Leigh McDonough, Michael D. Parizino, Lisa Pellerito, Rachelle Rheault, Mark Richardson, Heather Saltarelli, James Schaller all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of January 2024 Liberty Mutual Insurance Company P� INSu� P�v( INSV a INSugq The Ohio Casualty Insurance Company =4°av°RVTo'j�m 2`°aa°RarQ9y� ao°RPO�P _ 0 West American Insurance Company :2 1912 0 0 1919 1991 Q r q o z o a o �[�tl f r� Yd 9SSq CNU`'� a SOhAMP`+a\� $ �4'DIANp' a •a) U By. David M. Carey, Assistant Secreta State of PENNSYLVANIA Y ry County of MONTGOMERY ss .a j 0) On this 24th day of January , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ' m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Sp PAST Q� �pNpyF F` Commonwealth of Pennsylvania - Notary Seal f �Cy �°�' '1<z `;� Teresa Pastella, County Notary Public O Montgomery 0 My OF commission expires March 28, 2026 • (�6 4 .4- Commission number 1126044 By. Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Q) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual •S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. D IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of FEB 27,7202C. INSU,q �-XI INS& INSgR °0— -lq j p ° 1aPo�roy�tr, 0". g 0 Qy� \VP G°Rao�r gy0 F 3 m m rr 3 Fo m 91912 h �° i s 1919 o s 1991 o.40 By: d� ssgCHue�da HgraP=�� dad le,/NDIANI da Renee C. Llewellyn, Assistant Secretary Y C � O N O Oq d CV 30? O C\1 1• CO oa a— c 0 — a f0 = U O CU n0) o2 LMS-12873 LMIC OCIC WAIC Multi Cc 02121 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 02/27/2024 before me, ROSALIMA ESCARRO LLANDER - NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared GEORGE G. COURTNEY III Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(ao whose name(t) is/xAxsubscribed to the within instrument and acknowledged to me that he/Xbii€/tJh*y executed the same in his/kwQYm* authorized capacity0eo, and that by his/ /1)e(Ksignature(X) on the instrument the person(X), or the entity upon behalf of which the person(g) acted, executed the instrument. on r"E ROSALIMA ESCARRO LLANDER Notary Public - California Z W Orange County Commission > 2379412 'My Comm, Expires Oct 21, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State tCalifornia that the foregoing paragraph is true i d correct. WITNESS my hand and official seal. 1 Ll Signature OPTIONAL of Notary Public Completing this information can deter alteration of the d6cument or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: BID BOND - Document Date: 02/27/2024 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: George G. Courtney III M Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Courtney Inc. 02019 National Notary Association CITY HALL RE-ROOF/REHABILITATION (CITY OF DIAMOND Number of Pages: NO OTHER SIGNERS Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: