HomeMy WebLinkAboutCC Resolution 10637 (Fifth Ave City Hall Sidewalk Repair)RESOLUTION NO. 10637
RESOLUTION OF AWARD OF CONTRACT FOR "FIFTH AVENUE CITY
HALL SIDEWALK REPAIR" TO BAUMAN LANDSCAPE, INC.,
IN THE AMOUNT OF $100,330.00
WHEREAS, on the 9°i day of May, 2000, pursuant to due and legal notice published in
the manner provided by law, inviting sealed bids or 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:
"FIFTH AVENUE CITY HALL SIDEWALK REPAIR"
PROJECT NO. 019-4438-499-8000
in accordance with the plans and specifications therefor on file in the office of said City Clerk; and
WHEREAS, the bid of Bauman Landscape, Inc., at the unit prices stated in its bid was
and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of
Bauman Landscape, Inc., and the same is hereby accepted at said unit prices 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.
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, 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 on Monday, the 15°i day of May, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Hel l er, Phi 11 er and Mayor Qoro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phi 11 i p
JE 1Z M. LEON6INI,City Clerk
File No. 16.01.20
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69
City of San Rafael • California
Form of Contract Agreement
For
Fifth Avenue City Hall Sidewalk Repair
This Agreement is made and entered into this 15th day of May, 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: Fifth Avenue
City Hall Sidewalk Repair, 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 thirty (30) 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 dif icult 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.
AGREEMENT • 1
C0 P�
ITEM DESCRIPTION
1 DEMOLITION, CLEARING,
GRUBBING, MOBILIZATION &
TRAFFIC CONTROL
2 TREE ROOT GRINDING
3 FURNISH & INSTALL 30" TYPE "A"
PCC CURB & GUTTER AND 16"
TYPE "E" PCC SIDEWALK
4 FURNISH AND INSTALL 4" TYPE "B"
PCC SIDEWALK
5 FURNISH AND INSTALL PCC
WHEEL CHAIR RAMP
6 AC PLUG 12"x 6"
7 FURNISH AND INSTALL
IRRIGATION SYSTEM
8 FURNISH AND INSTALL PARKING
METER/STREET SIGN POSTS
9 REINSTALL EXISTING SPECIAL
SIDEWALK SIGNS
10 TREE PLANTING (INCLUDES 36"
BOX TREES AND ROOT BARRIERS)
11 CURB PAINTING AND PAVEMENT
MARKINGS
12 FURNISH AND INSTALL TRAFFIC
SIGNAL BOX, DETECTOR
HANDHOLE AND CHRISTY
COMMUNICATION BOX PTS1017
13 FURNISH AND INSTALL 3" PVC
COMMUNICATION CONDUIT
QUANTITY UNITS UNIT PRICE TOTAL
1 LS $12,420.0 $12,420.00
21 EA $50.0 $1,050.00
945 LF $20.0 $18,900.00
9300 SF $3.2 $29,760.00
2 EA $800.0 $1,600.00
35 TON $100.0 $3,500.00
1 LS $16,000.0 $16,000.00
11 EA $50.0 $550.00
4 EA $100.0 $400.00
17 EA $600.0 $10,200.00
1 LS $1,500.0 $1,500.00
4 EA $100.0 $400.00
270 LF $15.0 $4,050.00
TOTAL $100,330.00
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 .
(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
AGREEMENT 2
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:
Je ne M. Le_ocin���
City Clerk it
File No: 16.01.206
AGREEMENT • 3
Ulient4; : 148UU 13AUMALAN1
I', CERTIFICV'E OF LIABILITY INSUr' ONCE DATE (MWDDIYY)
05/25/00
PRODUCER THIS CERTIFICATE 1;� ISSUED AS A MATTER OF INFORMATION
USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2199 S . McDowell Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 4409
Petaluma, CA 94955-4409
INSURED
Bauman Landscape, Inc.
115 Brookside Drive
Richmond, CA 94801
INSURERS AFFORDING COVERAGE
INSURERA: Travelers
INSURERS: State Compensation Insurance Fund
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE IMWDD/YY) DATE /MWDD/YYI LIMITS
A GENERAL LIABILITY DTC0490R3652TIL99 09/01/99 09/01/00 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one tire) $100, 000
CLAIMS MADE a OCCUR MED EXP (Any one person) $5,000
X PD De d: 1, 0 0 0 I PERSONAL 3 ADV INJURY $1 „ 0 0 0, 0 0 0
_ GENERAL AGGREGATE s2,000,000
GEN'L AGGREGGATTE LIM IT APPLIES PER: PRODUCTS -COMP/OP AGG $2 , 000, 000
7 POLICY 11i I JECT. F—] LOC
A AUTOMOBILE LIABILITY DT81049OR3652TIL99 09/01/99 09/01/00 COMBINED SINGLE LIMIT $1,000,000
X ANY AUTO (Ea accident)
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 AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY CUP490R3640TIL99 09/01/99 09/01/00 EACH OCCURRENCE s4,000,000
OCCUR CLAIMS MADE I AGGREGATE s4,000,000
$
DEDUCTIBLE I $
X RETENTION $10000 $
B WORKERS COMPENSATION AND 315129199 10/01/99 10/01/00 X (TORY L MT TS I 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
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Cancellation: Except for ten day notice for non-payment of premium.
RE: Fifth Avenue City Hall Sidewalk Repair
Additional Insured named per the attached GL endorsement.
CERTIFICATE HOLDER I I ADD RIONALINSURED; INSURER LETTER: ..... ...
City of San Rafael
Department of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
ACORD25-S(7/97)1 of 2 ##S25995/M23644
CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL YMQP_V_qR,-j9VAIL30 DAYSWRITTEN
NOTICETOTHECERTIFICATE HOLDER NAMED TOTHELEFTjI NXXM§3Q X
AUTHORIZED REPRESENTATIVE
�'L�jnjv`� '
TLK 0 ACORD CORPORATION 19118
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 #S25995/M23644
Insured: Bauman' dscape, Inc.
Policy: DTC04901c3652TIL99
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
tion with the general supervision of "your
to include any person or organization you are re-
work".
quired to include as an additional insured on this
e) This insurance does not apply to "bodily in -
policy by a written contract or written agreement
jury" or "property damage" arising out of
in effect during this policy period and executed
"your work" included in the "products -
prior to the occurrence of any loss.
completed operations hazard" unless you are
2. The insurance provided to the additional insured
required to provide such coverage by written
is limited as follows:
contract or written agreement and then only
a) The person or organization is only an addi-
for the period of time required by the contract
tional insured with respect to liability arising
and in no event beyond the expiration date of
out of "your work" for that additional insured.
the policy.
b) In the event that the limits of liability stated in
f) This insurance does not apply to any person
the policy exceed the limits of liability re-
or organization for whom you have procured
quired by the written contract or written
separate liability insurance while such insur-
agreement, the insurance provided by this
ante is in effect, regardless of whether the
endorsement shall be limited to the limits of
scope or limits of insurance in this policy ex -
liability required by the written contract. This
ceed those of such other insurance or
endorsement shall not increase' the limits
whether such other insurance is valid or col -
stated in Section Ill — LIMITS OF
lectable.
INSURANCE.
3. Subpart (1)(a) of the Pollution exclusion under
c) The insurance provided to the additional in-
Paragraph 2., Exclusions of Bodily Injury and
sured does not apply to "bodily injury",
Property Damage Liability Coverage (Section I —
"property damage", "personal injury" or
Coverages) does not apply to you if the bodily
"advertising injury" arising out of an archi-
injury" or "property damage" arises out of "your
tect's, engineers or surveyor's rendering of or
work" performed on premises which are owned or
failure to. render any professional services
rented by the additional insured at the time "your
including:
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
It. Supervisory or inspection activities per-
formed as part of any related architec-
tural or engineering activities.
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.
5. 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 compfy 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: DTCC )R3652TT-L99 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS OR OTHER INTERESTS
FROM WHOM 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):
Fifth Avenue City Hall
Name of Person or Organization:
City of San Rafael, its officers, agents and enmloyees
(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 II) 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
t 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 0
BnND EXFCUTED IN DUPLICATE
Colonial American Casualty and Surety Company
PERFORMANCE BOND
AIA 311 Equivalent
Bond No. 08518447
KNOW ALL MCN BY THCSF, PRESENTS that: PREMUM: $1, 204 . n0
BAUMAN LANDSCAPF, INC.
as Principal, hereinafter called Contractor, and Colonial American Casualty and Surety Company, a
corporation duly organized under the laws of the State: of Maryland, as Surety, hereinafter called Surety, are bold and
firmly bound unto CITY nF SAN pAFAFT,
as Obligee, hereinafter called Owner, in the a►nount of nNFI HUNDRED THnUSANn THREF HTTNTnRFT) THIRTY & nn/100--
Dollars ( $100,330.0n),
for [Tie payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly an.
severally by these presents.
VIERE-AS, Contractor has by written agreement dated MAY 15TH 200n (dated no later than this bond) entered into a contract will
Owner for FIFTH AV1.7,NUF CITY HAT,T, STT)PWALK REPAIR
total contract amount being $1n0, inn. n0 and in necordance with Drawings and Specifications prepared by n/s
which contract is by reference made a part hereof, and is ltcreinafter referred to as the Contract.
NOW, TI.IF.REFORE, TIME CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and t'aithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and affect.
The Surety hereby waives notice of any allcramion or extension of time made by the Owner.
Whenever Contractor sleall be, and declared by Owner to be in default and terminated under the Contract, the Owner having
performed Ownces obligations thcreundar, the Surety tnsy promptly remedy the default, or shalt 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 detemmination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon detennination by the Owner and the Surety jointly of tiro lowest
responsible bidder, arrange for a contract between such bidder and Owner, and nmake available as Work progresses (even though
there should be a default or a 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 un der 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 tthree (3) years for projects in North Carolina) From tl-
tlnte on which final payment under tlme Contract falls clue.
No right of action slmall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the
hairs, executors, administrators or successors of the Owner.
Signed and sealed this 19TN. day of NAY , xl;2nn0
B LATm IT�1��
�I Z
( in i ) (Seal)
(Witness)
�H PRF.,SInp.2qT (Title)
Colon' Anme can Casualty and Surety Company
(Witness) BY:
- v� t""L-('
BnNNIF K. FRYMIRE, (Attorney -in -Fact)
State of CALIFORNIA
County of SONOMA
On 5/15/00 before me, KELLY HERMAN
DATZ RALE, TIRE OF OMF CER - EG., .DANE DOE. NOTARY PUBLIC
personally appeared BONNIE K. FRYMIRE --------------------------------------
!{/ of SIGNERS)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person4 whose named is
subscribed to the within instrument and
ackaowledaed to me that belshe;b
executed the same in hertz authorized
capaciti i , and that by ih er/
sa*naturejs) on the instrument the person
/-%L SEAL - 1154914 I► or the entity upon behalf of which the
E: KELLY HERMAN Z
w� NOTARY PLIKIC - CALIF. nnM acted, exum
ecuted the instrent
COUNTY OF SONOMAD
�� , s :;. <.•: MY COMM XI). Sept, a, 2001
WTINBS0 my hand and official, seal.
si4gxmm DF TIOrARY
OPTIONAL
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
T1TLE(SL
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
13"OTHER--'
SIGNER IS REPRESENTING:
w -LIE OF Pomot ks) oR ENn-mzsjY
COLONIAL AMERICAN CASUALTY AND S'URET'Y COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE OR TYPE OF DOCUMENT
(WE
NUMBER OF PAGES
5/15/00
DATE OF DOCUMENT
n/a
SIGNER(S) OTHERTHAN NAMED ABOVE
BONDS-MCUTFi) IN nUPLICATF
Colonial American Casualty and Surety Company
LABOR & MATERIAL PAYMENT BOND
AIA 311 Equivalent
Bond No, 08518447
PRFMIUM: INt:UMU)
KNOW ALL MEN BY THESE PRESENTS that: gAUMg LANT S( -APF IN(,.
as Principal, hereinafter called Principal, and Colonial American Casualty and Surety Company a
corporation organtzccl under the laws of the State of Maryland, as St�rcty, hereinafter called Surety, :ire
held and firmly bound unto (,iT- y- nF SAN RAFAFT,
as Obligec, hct•einafter called (honer, for the use and benefit of claimants as hereinbelow defined, in the amount of
nNE HUNnRPD THOUSAND 7TRFE HrJMRFT) THIRTY & 0N1(l�--fjollar4 ( $Inn,330.n')
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 datedMAY 1_ STH, 20n0(dated no later than this bond)
entered into a contract with Owner for
FIFTH AVENUE CITY HALL SIDEWALK RFPAIR
total contract amount being $100,330.00 in accordance with Drawings and Specifications prepared by
n/G
which conlraet is by reference made a part hereof, and is hereutalier referred to as Elie Contract.
NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as licreinafler defined, for all labor and matcrinl used or reasonably required for use in the
perforniattee of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1. A claimant is derined as one having a direct cantmet 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, tclephnne 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 ttincly (90) days after the
date on which the last of such claimant's work or labor was done or performed, or materials wore i urnishod by such
claintanl, may site on this bond for the use of such claimant, prosecute the suit to final judgement for such sun or Burns
as may be justly due claimant, and have execution thereon. The Owner shallnot be liable for the pay,ucnl of any casts or
expenses of any such suit.
Page 1 of Z
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have p,iven written notice to any
two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such
claitttant 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 were
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 certified 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 uiay be served in the state its which the aforesaid project is located, save that st►ch 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 thereof, is situated, or in the United States District Court for the district in which the
Project, or any part thereof, is situated, and not elsewhere,
4.1'hu 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 lion be presented under and against this bond,
Signed and sealed This 15TH day of MAY ,)RC 2.000
BAUMA7ZLAWn E, TC'P ' e(Seal)
(Witness)MAPO
PRFSI>1FNT ('title)
Colon i mericatl Casualty and Surety Company ,
(Witness) By: ,: ` /i� l,• (_ -'; ._�/�•..�j!YJ,L� �_L,
BONNIE K. FRYMIRF
- - (Attorney -in -Fact)
Page 2 of 2
CA=R .TA ALT,-PV3? POSE ACKNO TLZDGZ-? 1=
State of CALIFORNIA
County of SONOMA
On 5/19/nn bef ore me, KELLY HERMAN
OA.r N u+E nTLE OF OFF=ER. EG., JANE DOE, NOTARY PUBLIC
personally appeared BONNIE K. FRYMIRE ------------------------------------J-
NALrE(S) OF SIGNERj5)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the personW whose name�Y
subscribed to the within in troment and
acknowledged to me that!shef
executed the same in i7a g(her/tk)l�� authorized
capacit�in?y, and that by &erAMM
ssgnature z) on the instrument the personk4
r the entity upon behalf of which the
OFr ;C,pt. SERI- - 1154914 o
I�
{ KELLY HERMAN z pa„rm� acted, executed the in Tm entt
NOTARY PUBLIC - CALIF.
j%� COUNTY OF S0110MA
my Comm Ex(,. Sept. E, 2001 1 WJTNDT SS my hand and official seal
51dRATURE OF NOTARY
OPTIOIIIAT
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 forTm
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE
T ITL.E(5 j
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® Ai70RNEY-IN-FACT
❑ TRU STEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
W -UE of pSisO z) OR EbI]TTj1E57Y
COLONIAL AMERICAN CASUALTY At5 SURETY COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
TLAROR & MATFRIAT, PAYMENT AUNT)
TITLE OR TYPE OF DOCUMENT
TWO
NUMBER OF PAGES
5/15/00
DATE OF DOCUMENT
n/a
SIGNER(S) OTHERTHAN 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. WALBRECHER, Vice -President, and T. E. SMITH,
Assistant Secretary, in pursuance of authority granted by Article VI, Sectio the By -Laws of said Company, which
are set forth on the reverse side hereof and are hereby certified to b ciA force an et on the date hereof, does
hereby nominate, constitute and appoint Bonnie K. FRYMResu!
lama, C 1' orfa, its true and ]awful agent and
Attorney -in -Fact, to make, execute, seal and deliver, for analf a and as its act and deed: any ny and all
bonds and undertakings, each in a penalty not to ex et9 of LION DOLLARS ($6,000,000) and the
execution of such bonds or undertakings in purs these pre4,-Is all be as binding upon said Company, as fully
and amply, to all intents and purposes, as if had been (68k --executed and acknowledged by the regularly elected
officers of the Company at its office i*ore, Mdd�.,^^r own proper persons.
The said Assistant Secretary does �ere by certifwth`$t the extract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By -Laws of said any, and is now in force.
IN WITNESS WHEREOF, the s ' -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the a COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 17th day
of May, A.D. 1999.
ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
�EEggL�@)
\+; ;t1''jk7�• By. Q��cti
T. E. Smith Assistant Secretary TV.. B. Walbrecher Vice -President
State of Maryland 1
f ss:
County of Baltimore
On this l7th 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.
1 Fj„
MOfAgr /i/�
PuellC CI—+�- J/
Carol' J. Fader � Notary Public
My Commission Expires: August 1, 2000
L1428• 186-2034