HomeMy WebLinkAboutCC Resolution 10498 (Landscape Maintenance)RESOLUTION NO. 10498
RESOLUTION OF AWARD OF CONTRACT TO REDWOOD
LANDSCAPING FOR LANDSCAPE MAINTENANCE FOR
ANDERSEN DRIVE EXTENSION FOR AN AMOUNT NOT TO
EXCEED $19,596.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, on the 31" day of August, 1999, 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:
"LANDSCAPE MAINTENANCE CONTRACT -ANDERSEN DRIVE EXTENSION"
PROJECT NO. 001-4435-8270
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the bid of Redwood Landscaping was and is the lowest and
best bid for said work and said bidder is the lowest responsible bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED
that the bid of Redwood Landscaping and the same is hereby accepted at said bid and
that the contract for said work and improvements be and the same is hereby awarded to
said Redwood Landscaping at the price 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 Redwood
Landscaping for said work and to return the bidders bond upon the execution of said
contract.
IT IS FURTHER ORDERED AND RESOLVED that the Director of
Public Works 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 the 7`h day of September, 1999, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE4E M. LEONCINI, City Clerk
City of San Rafael • California
Form of Contract Agreement
for
LANDSCAPE MAINTENANCE CONTRACT
ANDERSEN DRIVE EXTENSION
LcL1 K. usA,'- nc. )
This Agreement is made and entered into this 7th day, of Stember, 1999 by and
between the City of San Rafael (hereinafter called City) and edwood Landscaping
(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: Landscape Maintenance Contract
Andersen Drive Extension , 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 seven (7)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within 365 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 $100 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
Andersen Dr. Extension 1 LS $19,596.00
Landscape Maintenance
AGREEMENT • 1
V - Progress Payments
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.
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:
��neM. ncini .
City Clerk
File No.: 21.01.52
CITY OF SAN RAFAEL:
�b�rt Boro �
Mayor
CONTRACTOR: �„ edNtod +-""' "-",J
�.
for V' `¢ fes'`
AGREEMENT • 2
DCT -09-99 17:19 FROM-LANDCARE USA +7133314131 T-214 P 02/04 F-721
LmdCare
USA <t
Via FedEx and Facsimile
MEMORANDUM
TO: Regina Roll
Office Manager, edwood Landscape
FROM: Janis E. McRa
RE: Corporate Structure of Redwood Landscaping
DATE: October 9, 1999
GRw
NWE
Please be advised of the following information with respect to the corporate
structure of Redwood Landscaping
Redwood Landscaoing
(Corporate History/Structure)
11/03/76 R. L. Company, Inc. d/b/a Redwood Landscaping incorporates in the State
of California.
07/28/98 LandCurr USA, Inc. (LandCare) incorporates a wholly-owned subsidiary
in the State of Delaware: "RLC Acquisition Corp."
08/10/98 LandCure qualities RLC Acquisition Corp. to transact business in the
State of California. (See Doc. No. I hereto)
5 Law OcpLUF_M%Redwoo0\Corp History dm
2603 Augusra, Suuc 1300 • Hou.ron, Tcwa. 77057 1 71;-u6D-0336 Photic 9 713-905-0343 Fa^ • 1 -80U -493-11U1
OCT -09-99 17:19 FROM-LANDCARE USA +7133314131 T-214 P 03/04 F-721
08/17/98 LandCare files a Cenifrcate of Merger in the State of Delaware which
merges R. L. Company, Inc., a California corporation, with and into RLC
Acquisition Corp., a Delaware corporation. RLC Acquisition Corp.
survived the merger and simultaneously with such merger changed its
name to "Redwood Landscaping, Inc " (See Doc. No. 2 hereto)
Note: As of this date, R L. Company, Inc. d/b/a Redwood
Landscaping, a California corporation, no lunger exist.
10/13/98 LandCare files the above -referenced Delaware merger documents with the
California Office of Secretary of State (the California state records now
reflect that R. L. Company, Inc. d/b/a Redwood Landscaping, a California
corporation, no longer exist). (See Doc. No. 3 hereto)
10/23/98 LandCare files a Certificate of Amendment of Certificate of Incorporation
of Redwood Landscaping, Inc. in the State of Delaware. The Amendment
changes the name "Redwood Landscaping, Inc.", To "RL Redwood
Landscaping, Inc." (See Doc. No. 4 hereto)
12/14/98 LandCare files an Amended Statement and Designation by Foreign
Corporation with the California Office of Secretary of State, whereby the
corporate name of "RLC Acquisition Corp.", a Delaware corporation, is
changed to "Redwood Landscaping, Inc.", which is changed to "RL
Redwood Landscaping, Inc." (See Doc. No. 5 hereto)
02/10/99 LandCare files a Certificate of Merger in the State of Delaware which
merges RL Redwood Landscaping, Inc., a Delaware corporation, with and
into Four Seasons Landscape and Maintenance, Inc., a California
Corporation (Four Seasons). Four Seasons survived the merger_ (See Doc.
No. b hereto)
Note: As of this date, RL. Redwood Landscaping, Inc., a Delaware
corporation, no longer exist.
02/11/99 LandCare files an Agreement of Merger with the California Office of
Secretary of State which merges RL Redwood Landscaping, Inc., a
Delaware corporation, with and into Four Seasons Landscape and
Maintenance, Inc., a California corporation (Four Seasons). Four Seasons
survived the merger. (See Doc. No. 7 hereto)
Note; RL Redwood Landscaping, Inc., a Delaware corporation
qualitled to transact business in the State of California, no longer
exist. Four Seasons Landscape and Maintenance, Inc., a California
corporation, survived the merger.
S %Law DcprUEMXRcGw000%Corp Harory doc
UGI -U9-99 11:18 FRUM—LANUGARE U5A 47133314131 T—Z14 P 04/04 F—TZl
03/04/99 LandCare files a Certificate of Amendment of Articles of Incorporation of
Four Seasons Landscape and Maintenance, Inc. with the California Office
of Secretary of State. The Amendment changes the name "Four Seasons
Landscape and Maintenance, Inc." to "LCare USA, Inc." (See Doe. No. 8
hereto.)
3/11/99 LandCare files a Fictitious Name Statement with San Mateo County,
California, on behalf of LCare USA, Inc. as follows:
LCare USA, Inc. d/b/a Redwood Landscaping
(See Dur. No. 9 hereto)
03/18/99 LandCare USA, 1nc.,100% parent of LCare USA, Inc., was merged with
and into The ServiceMaster Company, Inc. LandCare USA, Inc. survived
the merger; LandCare USA, Inc. is a wholly-owned subsidiary of The
ServiceMaster Company, Inc
Officers and Directors of LCare USA
Kenneth Sinclair
Robert Bilotti
James R. Marcus
Lebo Newman
David R. Divine
Vicki L. Fahy
Joseph B. Hanks
Penny T. Linseamayer
/Attachments
cc: Elaine Green (with attachments)
TruGreen-Chemlawn Legal Dept.
S \Lavw DcptUEM\R dwood\Corp Hucwy 40C
President
VP
VP
VP
VP
VP & Treasurer
VP & Secretary, Sole Director
Assistant Secretary
ACO- R— CERTIFICATE Irk LIABILITY INSURANCE DATE(Ml ;
ro
10!66!99/99
PRODUCER
THIS CERTIFICATE IS ISSUE.. AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
J&H MARSH & MCLENNAN OF ILLINOIS, INC.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
500 WEST MONROE STREET, SUITE 2300
ALTER THE rOVFRAGE AFFORDeD BY THE POLICIES DELP%
CHICAGO, IL 60661-3630
COMPANIES AFFORDING COVERAGE
COMPANY
AZURICH INSURANCE COMPANY
INSURED TRUGREEN / LANDCARE
COMPANY AMERICAN GUARANTY & LIABILITY INSURANCE
DBA REDWOOD LANDSCAPING
B
P.O. BOX 17167
c,OMPANY
MEMPHIS, TN 38187
C AMERICAN -ZURICH INSURANCE COMPANY
COMPANY
1
D
COVERAGES
THIS IS TO CERTIFY THAT 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 0 t MAY PERTAIN, THE INSURANCE AFFORDED
B Y THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS )F SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
LTR TYPE OF INSURANCE POUCY NUMBER
POLICY EFFECTIVE POLICY EVIRATION
OATI! (MMMMYY) DATE (MWOOMI LIMITS
GENERAL LIABILITY OLD 8343888-03
411/99 4/1/02 GF1rEIwLAGGRECATE 1 50,000,000
A X COMMERCIAL GENERAL LIABILITY
j PROWCTS • COMWOr AGG S 1,M0.000
CLAWS MADE DOCCUR
I PERSONAL 3 ADV INJURY S 1,000,000
OWNEWS 6 CONTRACTORS PROT
I EAG I OCCURRGHCE 1 1.000 000
FIRE DAMAGE Ony one IAO) 1 1,000.000
MED EXP WV One person) S 5.000
AUTOMOBIIL,ELULBILITY BAP 8343900-03 (ADS)
411199 411/02 COMBINED SINGLE LIMIT s 1,000,000
A X ANY AUTO TAP 8343892-03 (TX)
ALL OWNED AUTOS SAP 8343897-03 (VA)
BODILY INJURY 5
SCHEDULED AUTOS
tP-pmrOn)
_ HIRED AUTOS
BODILY INJURY 1
NON -OWNED AUTOS
(Per aaldenl)
PROPERTY OAMACE 1
GARAGE LIAOILITY
AUTO ONLY- EA ACCIDENT S
1 ANY AUTO
I OTHER THAN AUTO ONLY:
EACH ACCIDENT 5
AGCREGATL• 5
EXCESS LIABILITY
EACH OCCURRENCE S
UMBRELLA FORM
AGGREGATE s
OTHEn THAN UMBRELLA FORM
S
WORKER'SCOMPENSATIONAND WC 8343880-03(AOS)
C 37AYL. H-
4/1199 411!00 X MLYORYLrwIT: I0TcA
A LMPLOYERSLIAYILITT WC 8343878-03 (IL)
EL EACHAGCUXNT s 1,000.000
C T"CPnOrA'cTOw INCL WC 8343870-03 (CA)
B
I EL DISEASE • POLICY LIMIT S 1
B oFileAna a� anvC ExCL WC 8343864-03 (OR, WI)
,000,000
EL 013EASE • CA EMPLOYLC 1 1,000,000
OTHER
uC;A,M,P 1 IUrl ur urtK AI IYNwLuI;A I IURO/V !MRdkiiMwCUAL I I tNLy
THE CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS AND EMPLOYEES, ARE NAMED AS ADDITIONAL INSUREDS BUT ONLY AS
RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. RE: PROJECT ENTITLED LANDSCAPE MAINTENANCE CONTRACT
ANDERSON DRIVE EXTENSION.
CERTIFICATE HOLDER
CITY OF SAN RAFAEL
DEPARTMENT OF PUBLIC WORKS
P.O. BOX 151560
SAN RAFAEL, CA 94915-1560
I
ACORD 25S (1195)
CANCELLATION.. . . _ .. ,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ii�)jPORYpW)W MAIL
30 DAYS WRITTEN NOTICE TO THC CERTIFICATE HOLDER NAMGO TO TME LEFT,
)6 W�Qxyt-m �E�Sii *MAUax"M �`W
AUTHORIZED REP NTA
.7• ® ACORD-CORPORATION 1986
POLICY NUMBER-'! .a0 'r 3688-03 MMERCIAL GENERAL LIABILR$
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED. -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Any entities as may be added by Certificates of Insurance --•
(II 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 Il) is amended to include as an Insured the person or organization shown In the
Schedule, but only with respect to liability arising out of "your work" for that Insured by or for you.
CG 20 10 11 B5 Copyright. Insurance Services Office, Inc., 1984 11
ocr L 77 L.J. • GJ rM fYCI m PIUR I ri J1e eou Dbue I U 717I01'(bb147O h'. Wd/404
Duplicate of A.I.A. Form A311 Fab. 1970 Edition
A
May=
nommpm=&g&Mw
PMW0RN=CE BOM Bond No. 11127426960
KNOW ALL MEI,( BY THESE PRESENTS_
Thm TruGreen L.P. d/b/a/Redwood Landscaping
(Here insart full nose and addrem or legal tide of Contmoar)
2917 Petaluma Hill Road Santa Rosa CA 95404
as Principal, hereinafter called Contractor, and FIREMAN'S FUND INSURANCE COMPANY
233 S Wacker Dr Sears Tower (Here insert full name and address or lose! title of Surety)
Chicago IL 60606.6307 , as Surety, hereinafter. called Surety, are held and firmly bollsld unto
OF SAN RAFAEL
1400 6th venue San Rafael CA 94915-1560
(Here insert lull name and oddregs or legal title al Owner)
Obligoe, hereinafter called Owner, in the amount of
N IDWeen Thousand Five Hundred Ninetv-Six and 00/100 _-_ Dollars ($ $19,586.00
- '
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors crrd
aesldrls, jointly and severajly, firmly by these presents.
WHEREAS, Contractor has by written agreement dated ---09/07/1999 _
entered into a contract wit Owner ,for
Anderson Drive Extension Lan scape Maintenance - Projeot No. b01-4435.82) U
in accordance with drawings; and specifications prepared by_
(Here insert full nam and address or legal tide of AmItilcti)
which contract is by reference made a part hereof, and is hereinafter referred to Cie tho Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, it Contractor shall promptly and faithfully perform Bald
Contract, then this obligation shall bo null and void, otherwise It shall remain in lull force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contraclor shall be, and declared by Owner to he in delaull under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the defaull, ar shall promptly
1) Complete the Contract In accordance wllb its terms and conditions, or
2) Obtain a bid or bids for carnpleLlng the Contract in accordance with its terms and conditions, and upon deterninallon by Surety
of the lowest responsible bidder, ar, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respott-
slble bidder. arrange for a contract botween such bidder and Owner, and make available cm Work progresses (even (hough there
should be a default or a succession of defaults under the contrecL or coniractt, of completion arranged under thl.# paragraph) sufficient
funds to pay the cost of CO ion less the balance of the contract price., but not euceeding, including other costs and dariages for
which the Sur6ty may be die. hereunder, the amount set forth in lhm first paragraph hereof, The term "balance of the contract price;'
as used in this paragraph, shall mean the total amount payable by Owner to Contraclor under the Contract arld any amendments
thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be Instituted belore the expiration of two (2) years from the date an which final payment under the
Contract falls due,
No right of action shall accrue on (hitt bond to or for the use of any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of Owner.
Signed and settled thio 14th day of September _ A.D. 19 99
lWim•a)
jm6 , 0-•
(wilnoce)
360532-6.70
L.P„ d/b/a/Redwood Landscaolno
'e/I.Ir1C., (PrWelpaU (Seat)
U
(Title)
Pl�r�,.fi
ALN'S El PANY -
(St
Y
AttomoyIn-Fact
r1rMIV1A111'01 rU1VU 11vJUKAINUI I.VMYAIVII
NATIONAL SURETY CORPORA' N
ASSO TED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: 'Istat FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,
an Illinois corporation. THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called -the
Companies")does each hereby appoint William Waihseott, Norma Cronin and Sondra'C. Masse of
Memphis, TN. y
their we and lawful Attomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all
bonds, undertakings, recognitances or other written obligations in the nature thereof ____________________________________
State of TENNESSEE
County of SHELBY �i
On this day of 1�' ""u , 19 "� r, before me personally appeared
Norma Cronin, known to me to be the Attorney-in-fact of FIREMAN'S FUND
INSURANCE COMPANY, the corporation that executed the within instrument, and
acknowledged to me that such corporation ted the same.
if1�1}irp
IN WITNESS WHEREOF, I have here0 MCD, �t•ttijt•'•�nd affixed my official seal,
at my office in the aforesaid count d da yra certificate and first
above written. ~� N� this (. `
sruA 1G
......... y jS�11iSSi0f1
y. �+ Expires (Notary Public)
)11011t►11tN��Pt. 19, 2001
}
COUNTY OF MARIN J ss.
On this 27 day of July l9 9 9 before me personally came Harold N. Marsh tome known,
who, being by me duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the.
seals of the said Companies: that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies
and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have ereunto set my hand and affixed my official seal, the day and year herein fust above written.
L OCA.MPO
Commission # 1163726
Notary Public- - California
Marin County - liatary Public
My Comm. Expires Np��?M]
STATE OF CALIFORNIA I,
COUNTY OF MARIN ss.
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked; and furthermore that Article VB of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attomey,
ate now in forge. h
Signed and sealed at the County of Marin. Dated the day of ?d(,
d . � • • ♦ i E
SEPrigrtf n : Z� y i? t8 E A LI
•• O � ,,....... ��NtE C0� `4'INCECG♦�� ,'ry(a111S;►�, L/ s
'wa.n..•" Resident Assistant Saxhry
360791-11-99
W
rana:irani. o rtJi'ql/ i11JlJI\ &1'N%_r. •.V1Ylrtitrl
NATIONAL SURETY CORPORAT V
ASSOI CED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,
an Illinois corporation. THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called -the
Companies") does each hereby appoint William Waihseott, Norma Cronin and Sondra -C. Massey of
Memphis, TN.
their true and lawful Attomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
State of TENNESSEE
County of SHELBY
On this day of II 19 ??, before me personally appeared
Norma Cronin, known to �o••.�• 1�i ttorney-in-fact of FIREMAN'S FUND
INSURANCE COMPANY, ti>Ld' iq. oration" xecated the within instrument, and
acknowledged to me that dI Pu%iotex'i�cuted the same.
IN WITNESS WHEREOF,thaVe her&Tnto silt hand and affixed my official seal,
at my office in the aforesig r�ou*t c e•d�,y nd year in this certificate and first
above written. 'nisi • %<
�i �G`••••.......••'••
My Commission Expires (Notary Public)
Sept. 19, 2001
COUNTY OF MARIN
J SS.
On this 27 day of July 1999 . before me personally came Harold N. Marsh tome known,
who, being by me duly swom, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the_
seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies
and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have ereunto set my hand and affixed m official seal, the day and year herein fust above written.
L OCAMPO
Commission # 1163726
}� Notary Public - California
Marin County comic
My Comm. des lslp��,
STATE OF CALIFORNIA l
}
COUNTY OF MARIN JJJ ss.
1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked; and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney,
are now in force.
Signed and sealed at the County of Maria. Dated the �T day of �4UH " /,
at `'•, IWM41I
YC `•tta tt.�C ttY,AN,3 EG t�.�,.�ny �.r4,t •,.+,",�� W�
SEPT.I am ME A LT
—z
�y ,,,...• �A'CE C0� RANCE sG�r �tOl10. • Resident Assistant See eery
360791.11.98
11un. t t t J14 GOYJ JOW4 I U 717171 rbb1470 r. b3/04
riuphcale of A.I.A. Farm A31) rob. 1990 Edition
Bond No. 11127426980
LABOR & MATEAM PAYMENT BOND
Fm6MAXISM THIS BOND 19 ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
I1111WR UMOSA71OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE. Or 9'HE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
Thc.# TruGreen L.P. d/b/a/Redwood Landscaping
(Kern iru;ort full nomv and address or legal tilt* of contractor) '
2917 Petaluma Hill Road Santa Rosa At. 95404
as Principal, hereinafter called Principal, and FIREMAN'S FUND INSURANCE COMPANY
233 S Wacker Dr (Here insert lull carne and address or fecal lisle of Surely;
Chicago _ IL 60606-6307 as Surety, hereinafter called Surety, are held and firmly bound unto.
CITY_ OF SAN RAFA_E_ L
1400 5th Avenue San Rafael CA 94915.1580
(Hors tntert full nate and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
_llneteen ThouWd Five Hundred Ninetv-Six and 00/100 Dollars ($$19;686.00
(Hera in ert a cum aqua) to at teat ene.holf of the c*nlrocl r,rieo)
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 09/07/199
entered into a contract with Owner for- -� -
Anderson Drive Extension Landscape Maintenance - Project No. Of)i-4435-8270 -
in accordance with drawings and specifications prepared by -
(Hare inert full name and addrava or I• yol thio of Atvhiaat)
which contract is by relerenco made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION in such that, it Principal shall pronlotly make papttsvrt to all claitnanic as
hereinafter ciafined, for all labor and material used or reasonably required for use in the performance of the Contract than this obli-
gation shall be voids otherwise it shall remain in full force and effect, -subject, however, to the following conditions:
1. A claimant In defined as one having a direct contract with the Principal air with a Subcontractor of the Principal for labor, material,
or both, used or reasonably required (or use in the performance of the Contract, labor and material being construed to include that
port 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 ovary claimant as herein dalmed.
who has not been paid In full bviore the expiration of a period of ninety (901 bays alter the date on which the last of such claimant's
work or labor was dons or performed, or materials were lurnished by retch claimant, may etre on this bond for the use of wach
claimant, prosecute tho siult to final lucigment for such sum or gums as may hu lusliy due claimdni, and have execution Thereon. The
Owner shall not be liable for the payment of any costs or expenseu of city such suit.
3. No suit or action alkali be commanued hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to riny two of the follow-
ing: This Principal, the Owner, or the Surely above named, within ninety (90) days after •such claimant did or performed the last of the
work or labor, or lurnished the last of the materlats for which said claim is made, Stafing with substantial accuracy the amount claimed
and the name of the parly to whom The materials were furnished, at for whom the work or labor was done or performed. Such notic&
shall be served by mailing the lama by registered moil or ce:tliled mail. pootaga prepaid. in on envelope addressed to the Principal.
Owner or Surety, at any place where an office is regularly maintained for the transaction of business. or served in any manner in
which legal process m,3y Be served in the state in whic)1 the alororoid pro)cct is located, save that such sirrvicc 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, 11 being understood,
however, that if any limitation ernbodled 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,
(e) Othet than in a slate court of competent juritldiation In and for the county or other political aubdivision of the state :r. which the
Project, or any part thereof, to situated, or in the United Slates District Court for the district in which the Project, w any Fast thereof, :s
situated, and not elsewhere.
4. Tho amount of thin bond shall be reduced by and to the extent of any puyrrlanl or ppaayyments made, In good faith herounder, in-
clusive of the payment by Surety of mechanics' Ilene which may be Tiled cf record against said Improvement, whether or Ino( elcilm
for the amount of such lien be presealed under and agalinst this bond.
Signed and sealed this 14th day of September
(witness)
360533-4.76
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