HomeMy WebLinkAboutCC Resolution 10584 (Freitas Park Rehabilitation)RESOLUTION NO. 10584
RESOLUTION AWARDING THE CONTRACT FOR THE FREITAS PARK
REHABILITATION TO BAUMAN LANDSCAPE, INC. IN THE AMOUNT OF
$333,300.00 AND ALLOCATE AN ADDITIONAL $55,000.00 IN FUNDING
OUT OF THE PARK AND RECREATION FACILITY FUND.
WHEREAS, on the 19th day of January, 2000, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine, and declare all sealed bids or proposals for doing
the following work in said City, to wit:
"FREITAS PARK REHABILITATION"
PROJECT NO. 275-6697-615-8000
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the bid of Bauman Landscape, Inc. at the lump sum price stated in
its bid was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder; and
WHEREAS, Bauman Landscape, Inc. received Addendum No. 1 and 2 but did
not receive Addendum No.3 and 4 as a result of a faxed number error but was informed
by the City of Addendums No.3 and 4 on Tuesday, January 18, the day before the bid
opening day and failed to acknowledge all the Addendums on the bid proposal form; and
ORIGINAU-0hS4
WHEREAS, Bauman Landscape, Inc. acknowledged being informed of
Addendum No.3 and 4 prior to submitting its bid; and
WHEREAS, under Section 6.09 of the Contract Documents, the City has the
right to waive an irregularity in the bid proposal; and
WHEREAS, there is presently approximately $324,868.00 remaining in the
project account fund, and the bid received was slightly higher than the remaining funds;
and
WHEREAS, staff feel that an additional $55,000.00 will be required in order to
construct the project;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED;
that the City Council under Section 6.09 of the Contract Documents waive the
irregularity in the bid proposal of Bauman Landscape, Inc. and that the bid of Bauman
Landscape, Inc. and the same is hereby accepted at said lump sum price and that the
contract for said work and improvements be and the same is hereby awarded to said
Bauman Landscape, Inc. at the unit prices mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the
City Clerk of said City be authorized and directed to execute a contract with
Bauman Landscape, Inc. for said work and to return the bidders bond upon the
execution of said contract.
IT IS FURTHER ORDERED AND RESOLVED that the City Council
authorize an allocation of $55,000.00 from the Park and Recreation Facility Fund
towards the project.
-2-
BE IT FURTHER RESOLVED that the Director of Public Works is hereby
authorized to take any and all such actions and make changes as may be necessary
to accomplish the purpose of this resolution.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City held on the 7°i day of February, 2000, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JEANN M. LEONCINI, City Clerk
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City of San Rafael • California
Form of Contract Agreement
for
Freitas Park Renovation
Project No.: 275-6697-615-8000
This Agreement is made and entered into this 7th day of February, 2000 by and between
the City of San Rafael (hereinafter called City) and Bauman Landscape, Inc.
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: Freitas Park Rehabilitation , all in
accordance with the requirements and provisions of the Contract Documents as defined
in the General Conditions which are hereby made a part of this Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within ninty working days after the date of such
notice and with such extensions of time as are provided for in the General
Conditions.
IIII - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $500 for each and every calendar day's delay in finishing the work
in excess of the number of working days prescribed above; and the Contractor agrees to
pay said liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any moneys due or that may become due the
Contractor under the contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
NO. ITEM QUANTITY UNIT TOTAL PRICE 1
Freitas Park Rehabilitation 1 LS = $333.300.00
V - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department shall
prepare and submit an estimate covering the total quantities under each item of
work that have been completed from the start of the job up to and including the
25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together
with such supporting evidence as may be required by the City and/or Contractor .
AGREEMENT • 1
%0'
(b). On not later than the 15th day of the month, the City shall, after deducting previous
payments made, pay to the Contractor 90% of the amount of the estimate as
approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration of
35 days following the filing of the notice of completion and acceptance of the work by
the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract from
time to time, without retention of any portion of the payment by the public agency,
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST: CITY
I
Je ne M. Leoncin' ert-Oro
City CleA ---Mayor
File No.: 06.07.09
scape, Inc.
AGREEMENT • 2
Client##: 14800 BAUMALANI
- ACORM C:ERTIFIC/ .'E OF LIABILITY INSU, ANCE
DATE
PRODUCER
USI Northern California/HOS
2199 S. McDowell Blvd.
P.O. Box 4409
Petaluma, CA 94955-4409
INSURED
Bauman Landscape, Inc.
115 Brookside Drive
Richmond, CA 94801
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: Travelers
INSURERS: State Compensation Insurance Fund
INSURER C:
INSURER D:
I INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI-
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
- — — -
NSR
ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATF IMM/F)r)/YYt DATE (MM/Dr)/YY) LIMITS
A GENERAL LIABILITY DTC0490R3652TIL99 09/01/99 09/01/00 EACH OCCURRENCE $1,000,000
}{ COMMERCIAL GENERAL LIABILITY
I FIRE DAMAGE (Any one fire) $100,000
CLAIMS MADE X OCCUR
MED EXP (Any one person) $5, 000
_1,PD De d: 1 000
PERSONAL & ADV INJURY $1, 000, 000
X OCP
I GENERAL AGGREGATE s2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER:
I PRODUCTS -COMP/OP AGG s2,000,000
POLICY ] PECOT- n LOC
A AUTOMOBILE LIABILITY DT 810 4 9 0 R3 6 5 2 T I L 9 9'09/01/99
09/01/00
X ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident) $1, 000, 000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY INJURY $
X NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
I AUTO ONLY - EA ACCIDENT I $
ANY AUTO
EA ACC I $
OTHER THAN
AUTO ONLY: AGG I $
A EXCESS LIABILITY CUP4 9 0 R3 6 4 0 T I L 9 9
09/01/99 09/O1/00 I EACH OCCURRENCE 1$4 , 0 0 0, 0 0 0
OCCUR CLAIMS MADE
I AGGREGATE 1$4 , 0 0 0, 0 0 0
$
DEDUCTIBLE
I $
X RETENTION $10000
I $
B WORKERS COMPENSATION AND 315129199
10/01/99 10/01/00 X TORY LIMITS IOER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE -POLICY LIMIT $1,000,000
OTHER
I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Cancellation: Except for ten day notice for non-payment of premium.
RE: Freitas Park Rehabilitation - Project #275-6697-615-8000
Additional Insured named per the attached GL endorsement.
CERTIFICATE HOLDER I I ADD ITIONALINSURED•INSURER. LETTER:
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94915
ACORD25-S(7/97)1 of 2 ##S23645/M23644
CANCELLATION
SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL JiM¢Q)UqXAXMAIL3-a DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLD ERNAMED TOTHE LEFTXMD0
x111�ex�>Q�a�ao�
t
AUTHORIZED REPRESENTATIV
�u&__km,
J TLK (D ACORD CORPORATION 191
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7/97)2 of 2 #S23645/M23644
Insured: Bauman L, ,dscape, Inc.
Policy: DTC0490R3652TIL99
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY — CONTRACTORS COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended
to include any person or organization you are re-
quired to include as an additional insured on this
policy by a written contract or written agreement
in effect during this policy period and executed
prior to the occurrence of any loss.
2. The insurance provided to the additional insured
is limited as follows:
a) The person or organization is only an addi-
tional insured with respect to liability arising
out of "your work" for that additional insured.
b) In the event that the limits of liability stated in
the policy exceed the limits of liability re-
quired by the written contract or written
agreement, the insurance provided by this
endorsement shall be limited to the limits of
liability required by the written contract.. This
endorsement shall not increase the limits
stated in Section 111 — LIMITS OF
INSURANCE.
c) The insurance provided to the additional in-
sured does not apply to "bodily injury",
"property damage", "personal injury" or
"advertising injury" arising out of an archi-
tect's, engineer's or surveyor's rendering of or
failure to render any professional services
including:
tion with the general supervision of "your
work".
e) This insurance does not apply to "bodily in-
jury" or "property damage" arising out of
,.your work" included in the "products -
completed operations hazard" unless you are
required to provide such coverage by written
contract or written agreement and then only
for the period of time required by the contract
and in no event beyond the expiration date of
the policy.
f) This insurance does not apply to any person
or organization for whom you have procured
separate liability insurance while such insur-
ance is in effect, regardless of whether the
scope or limits of insurance in this policy ex-
ceed those of such other insurance or
whether such other insurance is valid or col-
lectable.
3. Subpart (1)(a) of the Pollution exclusion under
Paragraph 2., Exclusions of Bodily Injury and
Property Damage Liability Coverage (Section I —
Coverages) does not apply to you if the "bodily
injury" or "property damage" arises out of "your
work" performed on premises which are owned or
rented by the additional insured at the time "your
work" is performed.
I. The preparing, approving or failing to 4.
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, or drawings and specifi-
cations; and
II. Supervisory or inspection activities per-
formed as part of any related architec-
tural or engineering activities. 5
d) Except when required by written contract or
written agreement, the coverage provided to
the additional insured by this endorsement
does not apply to "bodily injury" or "property
damage" arising out of acts or omissions of
the additional insured other than in connec-
Any coverage provided by this endorsement to an
additional insured shall be excess over any other
valid and collectible insurance available to the
additional insured whether primary, excess, con-
tingent or on any other basis unless a written
contract or agreement specifically requires that
this insurance apply on a primary or contributory
basis.
As soon as practicable, each additional insured
must give us prompt notice of any "occurrence"
which may result in a claim, forward all legal pa-
pers to us, cooperate in the defense of any ac-
tions, and otherwise comply with policy condi-
tions.
City of San Rafael, its officers, agents and employees
CG D2 09 07 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1
POLICY NUMBER: DTC04, .3652TIL99 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS OR OTHER INTERESTS
FROM WH0M LAND HAS BEEN LEASED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Designation of Premises (Part Leased to You):
Freitas Park
Name of Person or Organization:
Freitas Park Property Owners
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to This insurance does not apply to:
include as an insured the person or organization 1. Any "occurrence" which takes place after you
shown in the Schedule but only with respect to liability cease to lease that land;
arising out of the ownership, maintenance or use of
that part of the land leased to you and shown in the 2. Structural alterations, new construction or
Schedule and subject to the following additional demolition operations performed by or on behalf
exclusions: of the person or organization shown in the
Schedule.
CG 20 24 1185 Copyright, Insurance Services Office, Inc., 1984 El
BOND EXECUTED IN DUPLICATE
Colonial American Casualty and Surety Company
PERFORMANCE BOND
AIA 311 Equivalent
Bond No. 08172505
KNOW ALL MEN BY THESE PRESENTS that: BAUMAN LANDSCAPE, INC. PREM M: $4,000.00
as Principal, lmcreinalter called Contractor, and Colonial American Casualty and Surety Company, a
corporation duly organized ander the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and
firmly bound unto CITY OF SAN RAFAEL
as Obligee, hereinaRer called Owner, in the amount of THREE HUNDRED THIRTY THREE THOUSAND
THREE HUNDRED & 00/100
Dollars ($333,300.00).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly an
severally by these presents.
WIIEREAS, Contractur has by written agreement datcdFEBWM 7, 2MO (dated no later than this bond) entered into a contract wit
Owner fRR FREITAS PARK REHABILITATION (RENOVATION) PROJ #275-6697-615-8000
total contract amount being $333,300.00 and in accordance with Drawings and Specifications prepared by
n/a
whieh contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, T11F.REFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perforin snid Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be and declared by Owner to be in default and terminated under the Contract, the Owner having
perfonned Ownces obligations lereunder, the Surety may promptly remedy the default, or shall promptly
I . Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon detennination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though
there should be a del'ault ora succession of defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of
the contract price," as used in this*paragraph, shall mean the total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Owner to Contractor,
Any suit under this bond must be instituted before the expiration of two (2) years {three (3) years for projects in North Carolina) frons i
date on which final payment under the Contract falls clue.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner natned herein or the
heirs, executors, administrators or successors of the Owner.
Signed and sealed this 10TH day ofFEBRUARY x2000
LANDS C.
(i' inti t) (Seal)
(Witness) Dy'
MICHAEL P. BAUMAN, PRESIDENT (Title)
Colo American Casuaalltty` and Surety Company
(Witness) I3y: I_ i'{.C��.��\ • r�'
BONNIE K. FRYMIRE, �� (Attorney -in -Fact)
CAL1T1bRN1A AL17-P L'RPOSE -4 CKY0 TLEDGFMFNT
State o_ CALIFORNIA
County of SONOMA
On 2/10/00 before me, KELLY BERMAN
DATE waE mLE of OFFCM - ESQ 4AW Doe. t=ARY a►euC
personally appeared BONNIE K. FRYMIRE---------------------------__
KW&0) OF MCNER(3)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(d whose nam *,g
subscribed to the within instr hent an l
acknowledged to me that ash 5{
exemte(i the same in i=13.er/th)ijcauthori2ed
capaciWbft and that by
sigmtuwreW on the instY=ent then
perso
OFFICIAL SEAL -1154914 I� or the entity upon behalf --of which the
a KELLY HERMAN z
NOTARY PUBLIC - CALIF. SA pemaM acted, executed the instrument
ent
z ,r COUNTY OF SONOMA
�) My Comm. Exp. Sept, B, 2001
WITND.SS my hand and official seal
SIGHXWR<OFFlorMr _ -
OPTIONAT
Though the data below is not required by law, it may prove valuableto persons relying on the
document and prevent fraudulent reattachment of this form-
CAPACITY
orm
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE
nnF(SI,
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRU STEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER-
SIGNER
THER
SIGNER IS -REPRESENTING:
'tfi'UE CkF
COLONIAL AMERICAN CMfY AND SURETY COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE ORTYPE OF DOCUMENT-
ONE
OCUMENTONE
NUMBER OF PAGES
2/10/00
DATEOF DOCUMENT
n/a
SIGNER(S)OTHER i1{ANNAMED ABOVE
BOND EXECUTED IN DUPLICATE
Colonial American Casualty and Surety Company
LABOR & MATERIAL PAYMENT BOND
AIA 311 Equivalent
Bondi No. 08172505
PREMIUM: INCLUDED
KNOW ALL MEN BY THESE PRESENTS that: — BAUMAN LANDSCAPE, INC_
115 TWK3IDERSVE —
RTMKOND, rA g4Rn1
as Principal, hereinafter called Principal, and Colonial American Casualty and Surety CornPany a
corporation organized under the laws ofthe State of Maryland, as Surety, hercinafter called Surety, are
held and f-irinly bound wtto _ _ _ _ _ CIT_Y 0_F SAN RAFAEL
.1400- FIMH-AVEh1UE—. — — -- — -- - —
SAN RAFAFT,, rA g4P1 9 — — as Obligec, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the aiuount of
THREE HUNDRED THIRTY THREE THOURAIGD
THREE HUNDRED DOLLARS & 00/100 --- Dollars( $333;300.00)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated FE RUW 7, =dated no later than this bond)
entered ititu.a contract with Owner for
_ FREITAS PARK RMARrr,ITATICU (81 NOVATION)— -- — — — — — — _ —
— ..._ PRQ,L.#275-6fi-97-615--ZD00-- -- - — — — — — — —• •-- — — --
total contract amount being $333,300.00 in accordance with Drawings and Specifications prepared by
n/a
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE, CONDITION OF THiS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as hCreinafler defined, for all labor and material used or reasonably required for use in the
E of the Contract, than this obligation shall be void; otherwise it shall remain in full force and offect, subject,
however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and
material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2, The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the
date on which the last of such claimant's work or labor was done or performed, or materials wore furnished by such
claimant, may site on this bond for the use or such claimant, prosecute the suit to final judgement for such sum or sums
as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
Page t of 2
3, No suit or action shall be commenced hereunder by any claimant;
a) Unless claimant, otlier than one having a direct contract with the Principal, shall have given written notice to any
two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials wero
furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same
by registered mail or ecrtifued snail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at
any place where an office is regularly maintained for the transactions of business, or served in any manner in which
lognl process may be served in the state in which the aforesaid project is located, save that such service need not be
made by a public officer.
b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the Project, or any part thcreof, is situated, or in the United States District Court for the district in which the
Project, or any part thcreof, is situated, and not elsewhere,
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of Mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 10TH day of FEBRUARY mx 2000
BA SCNC.
(P n p 1) (Seal)
�r
(Witness) By;
A , PRESIDENT (Title)
'-�`/1
Colo American Casu/al/ly annd�Surety Company
By: –4'�-�`�- ��' —
(Witness)
BONNIE K. FRYMIRE, AT601)&Y—IN—FACT
(Attorney -in -Fact)
Puge 2 of 2
State 01-
County
'
County of
On 2/10/00
cALjT,,0rzr%rP LrR p .a CIEVO IVLEDIvjEF�
CALIFORNIA
SONOMA
before me,
KELLY HERMAN —
or.TE wuE ME W 0MCM- EZ- 104E ooE. N=AAy wsUC
personally appeared BONNIE K. FRYMIRE ----------------------------------
WIAE(31 of s neRza)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory -evidence
to be the persona whose name%)
subs=ibed to the witbin instrux ent and
acknowledged to me that i3etshe�
executed the same in er/tic authorized
capacit(i, and that by a-&er/t
sigmtares) on the instrument the perso~n�
or the entity upon behalf --of which the
]I
OFFICIAL SEAL -1154814 It person( acted, executed the- instrument R (;,WUKELLYHCRMAN z
NOTARY PUBLIC - CALIF.zCOUNTY OF SONOMA
My Comm, Exp. Sept, 8, 2001
MR.W+r
WM,Tr- SS my hand and official seal
tt, L:r�r
OPTi NAT
Though the data below is not required by law. it may prove valuable to persons relying on the
document and prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE
nn.e(s),
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRU STEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS-REPRESENTiNG:
W -UE OF PER-sc 3(3% OR ENTT E])y
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
FABOR AND MATERIAL BOND
TITLE OR TYPE OF DOCUM ENT
TWO
NUMBER OF PAGES
2/10/00
DATE OF DOCUMENT
n/a
SIGNER(S) OTNERTYiAN NAMED ABOVE
Power of Attorney
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY, a corporation of the State of Maryland, by W. B. WAL HER, Vice -President, and T. E. SMITH,
Assistant Secretary, in pursuance of authority granted by Article Vl n 2, of th Laws of said Company, which
are set forth on the reverse side hereof and are hereby certifi 1�b m full f r6� effect on the date hereof, does
hereby nominate, constitute and appoint Bonnie K. FRY , of Petal 'lifornia, its true and lawful agent and
Attomey-in-Fact, to make, execute, seal and deliver, on its b surety, and as its act and deed: any and all
bonds and undertakings, each in a penalty n Qe ceed the W IX MILLION DOLLARS ($6,000,000) and the
execution of such bonds or undertakings i Sceof presents, shall be as binding upon said Company, as fully
and amply, to all intents and pure if they l duly executed and, acknowledged by the regularly elected
officers of the Company at its offs Baltimore , m their own proper persons.
The said Assistant Secretary does herfy that the extract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By -Lal td!Com,
pany, and is now in force.
40�IN WITNESS WHEREOF, aid Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of a said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 17th day
of May, A.D. 1999.
ATTEST: COLONIAL AMERICAN CASUALTY
A
T. E. Smith Assistant Secretary
State of Maryland 1
f ss:
County of Baltimore
AND SURETY COMPANY
By: Q� rte,tt*
W. R Walbrecher Vice -President
On this 17th day of May, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMITH, Assistant Secretary of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
d1.1 F�
Carol J. Fader Notary Public
My Commission Expires: August 1, 2000
L1428 -016-3366A