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HomeMy WebLinkAboutCC Resolution 11526 (Santa Margarita Creek Impr.)RESOLUTION NO. 11526 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADO ROAD REBID TO MICHAEL PAUL COMPANY, INC. IN THE AMOUNT OF $233,823.00. WHEREAS, on the 30th day of March, 2004, 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: "SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADO ROAD REBID" PROJECT NO. 11026 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the lowest bidder, Ghilotti Construction Company, has requested a relief from their bid, pursuant to the State's Standard Specifications, Section 2- 1.095, due to a computer error in their estimating program; and therefore, his bid was allowed to be withdrawn based on the fact that it was a material mistake, and they provided written notice pursuant to the Public Contract Code; and ORIGINAL �y�e WHEREAS, the bid from the second lowest bidder, Michael Paul Company, 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, BE IT RESOLVED that the bid of Michael Paul Company, 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 Michael Paul Company, Inc. at the unit prices mentioned in said bid. BE IT FURTHER RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Michael Paul Company, 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 5th day of April, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk File No.: 16.01.223 City of San Rafael • California Form of Contract Agreement for SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADO ROAD REBID Project No: 11026 This Agreement is made and entered into this 5th day of April 2004 by and between the City of San Rafael (hereinafter called City) and Michael Paul Company, 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: Santa Margarita Creek Improvements at Del Ganado Road Rebid, Project No 11026:, 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-five (35) 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. AGREEMENT • 1 ITEM EST UNIT UNIT ITEM NO. ITEM QTY PRICE, $ TOTAL, $ 1 Mobilization 1 LS 2,363.00 2,363.00 2 Traffic Control 1 LS 17,743.00 17,743.00 3 Demolition 1 LS 16,447.00 16,447.00 4 Concrete Curb and Gutter 2,150 LF 25.00 53,750.00 5 Cobble Paving 300 SF 29.00 8,700.00 6 3 -Foot High Chain Link Fence Fabric 2,120 LF 15.00 31,800.00 7 Striping a Lane 2,080 LF 3.00 6,240.00 b Curb 260 LF 3.00 780.00 8 Irrigation 1 LS 54,000.00 54,000.00 9 Landscape Planting 1 LS 42,000.00 42,000.00 Grand Total 233,823.00 Alternates 1 Refurbish Fence Posts 1 LS 12,012.00 12,012.00 2 3" PVC Sleeve Extension 1 I LS 1 16,789.00 16,789.00 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 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 AGREEMENT • 2 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 Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) 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. (e) 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: anne M. Leoncini City Clerk APPR.OV D � T� .�C Gary T. Raggian City Attorney CITY OF SAN RAFAE A &fBZV'11� Mayor CONTRACTOR: /, 9-e, - - for AGREEMENT 9 3 �l 1 '. � �� Client#: 2081" "ICHAPAU ACORD,. CERTIFICA`k OF LIABILITY INSUFwNCE I M/DD/YYYY) 044/15//15/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1670 Corporate Circle, #201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR EXCLUSIONS AND CONDITIONS OF SUCH ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 INSR ADD'L' POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE IMM/DD/YYI LIMITS Petaluma, CA 94955-4409 I INSURERS AFFORDING COVERAGE NAIC # INSURED I INSURER A: Lexington Insurance Company Michael Paul Company INSURER B: Clarendon National Insurance Company 1200 Casa Grande Road INSURER c: TOPA Insurance Company Petaluma, CA 94954 INSURER D: State Compensation Insurance Fund of GEN'L AGGREGATE LIMIT APPLIES PER INSURER E: Firemans Fund McGee 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 ADD'L' POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE IMM/DD/YYI LIMITS A GENERAL LIABILITY 1142691 11/10/03 11/10/04 EACH OCCURRENCE 5110001000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $50,000 CLAIMS MADE 51OCCUR MED EXP (Any one person) S PERSONAL & ADV INJURY 1$1,000,000 GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG 151,000,000 7 POLICY n JECT F-1 LOC B AUTOMOBILE LIABILITY PA101050251 11/10/03 11/10/04 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) 151,000,000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT S ANY AUTO I OTHER THAN EA ACC 1 5 AUTO ONLY: AGG IS C EXCESS/UMBRELLA LIABILITY XL17447 11/10/03 11/10/04 EACH OCCURRENCE 1$5,000,000 OCCUR F] CLAIMS MADE I AGGREGATE 1$5,000,000 1S DEDUCTIBLE I is RETENTION S 1 Is D WORKERS COMPENSATION AND 315118703 10/01/03 10/01/04 I X I TORY LIMITS I (OFR 1 EMPLOYERS' LIABILITY 1 E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEd $1,000,000 If yes, describe under SPECIAL PROVISIONS below 1 E.L. DISEASE - POLICY LIMIT 151,000,000 E OTHER Builders Risk MXI98112927 04/14/04 08/20/04 $168,000 Including Earthquake DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Cancellation: Except for ten day notice for non-payment of premium. RE: Santa Margarita Creek Improvements At Del Ganado Road. City of San Rafael, Its officers, agents and employees are named as Additional Insureds per the attached GL endorsement. CERTIFICATE HOLDER CANCELLATION City of San Rafael, Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25 (2001/08) 1 of 2 #S61277/M61276 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL jtk7flMRj§tMAIL I0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JjXX6QlADNRRxJQZWjM7AM)OX k6PA1dRlIdiJOR10AXR90X0i0CJQXlOXOCXJd6ULDCOLGCJiOUdlt9QKkiF)(Dgllti»:R�IR9f/mfll4R;ICiQRXXX RRBflr�6R AUT�IORIZ D Fj P�A�� / I R9S ACO D CORPORATION 1988 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. ACORD 25-S (2001/08) 2 of 2 #S61277/M61276 Insured: Michael Paul Company Policy Number: 1142691 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSON OR ORGANIZATION: Blanket Additional Insured as Required by Written Contract. (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 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. Primary Insurance: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance. CG20 10 1185 HOS 5/89 (BOND ISSUED IN DUPLICATE) Document A312 Performance Bond BOND NO. 0382313 PREMIUM: $3,367.00 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): MICAAEL PAUL COMPANY, INC. 1200 CASA GRANDE ROAD PETALUMA, CA 94954 OWNER (Name and Address): CITY OF SAN RAFAEL 1400 — 5TH AVENUE SAN RAFAEL, CA 94901 SURETY (Name and Principal Place of Business): International Fidelity Insurance Company One Newark Center Newark, New Jersey 07102 CONSTRUCTION CONTRACT Date: APRIL 5, 2004 Amount: $233,823-00 Description (Name and Location): SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADA ROAD, REBID BOND Date: (Not earlier than Construction Contract Date): APRIL 5, 2004 Amount: $233,823-00 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Compan (Cor orate Seal) MI PACOMPANY, C Signature:. I ( Name and Title: (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal International Fidelity Insurance Company One Newark Center Newark, New Jersey 07102 Signature;uutie�������� Name and Title: LACE �J. COYNE, ATTORNEY=rN—FACT (FOP. INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or USI INSURANCE SERVICES OF NORTHERN other party): CALIFORNIA, INC. N/A P.O. BOX 4409 PETALUMA, CA 94955 (707) 763 - 4321 Printed in cooperation with the American Institute of Architects (AIA) by International Fidelity Insurance Company. International Fidelity Insurance Company vouches that the language in the document conforms exactly to the language used in AIA Document A312, February 1964 edition 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, The Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, The Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Constru- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragragh 4 with reasonable promptness, the Surety shall be deemed to be in default on this bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. to the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without dupication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall no be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or tails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - Printed in cooperation with the American Institute of Architects (AIA) by Intemational Fidelity Insurance Company. International Fidelity Insurance Company vouches that the language in the document conforms exactly to the language used in AIA Document A312, February 1984 edition. able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner of the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: \ I (CSeal) I Signature: S:Orporate Name and Title: Address: SURETY Company: International Fidelity Insurance Company One Newark Center Newark, New Jersey 07102 Signature: Name and Title: Address: (Corporate Seal) Printed in cooperation with the American Institute of Architects (AIA) by International Fidelity Insurance Company. International Fidelity Insurance Company vouches that the language in the document conforms exactly to the language used in AIA Document A312. February 1984 edition. Na.CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5907 AState of CALIFORNIA 1 County of SONOMA On 4/5/04 before me, K. HOLTEMANN DATE NAME, 71rLE OF OFFICER • E.G_, "JANE DOE, NOTARY PUBLIC" personally appeared LAWRENCE J. COYNE, ATTORNEY -LN -FACT - NAME(S) OF SIGNERS) �— -- LXpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(z) whose name(-* ism APRIL S. 2004 subscribed to the within instrument and ac- knowledged to me that he/21baAkey executed L the same in .hisbb=* authorized -capacity(; and that by his/InaidbinsiT signature(s) on the instrument the persons), 3aJ.•16'u:e•.-:�::.:v •4 :a::,.;. v.-tr:1..,p tie or . the entity upon behalf of which the l_- : ;� !<.!(u;_rcr�,!•!N - person(* acted, executed the instrument. ' , � , k. r •.r i:: ;:I11iLIC • CALIF � n/a j WITNESS my h d an� and official seal. L v u _SIGNATURE /OF NOTARY ,. III VI II IIS I i II.III 11111111.1111111 I I d :II IIL'.J 111 1 YII X 1 1, 1. 1 iii Jil.11 ll, i iii O TI C)NAL Ili 111 i l .f1 .11 . 11 11{1 11 i,i 11 it 11111111111.1 .. Ili 11 11111IL l iI i111 I..:I . ,.I . IJI IASi Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. :CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT DESCRIPTION OFATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMEP4T THREE NUMBER OF PAGES TRUSTEES) l ❑ GUARD IANICONSERVATOR ❑ OTHER: APRIL S. 2004 DATE OF DOCUMENT L 1 SIGNER IS REPRESENTING: X NAME OF PERSON(S) OR ENTITY(IES) n/a j INTERNATIONAL FIDELITY TINS TRANCF+• rpMPAP]y SIGNER(S) OTHER THAN NAMED A.80VE C)1993 NATIONAL NOTARY ASSOCIATION • E23S Re-nme! Ave. =.0 "'n; 71, ?nn.=, .ri =- . . C h (BOND ISSUED IN DUPLICATE) Document A312 Payment Bond BOND NO. 0382313 -IUU 1� 1`I IN [01111111111100) of Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): MICHAEL PAUL COMPANY, INC. 1200 CASA GRANDE ROAD PErALUMA, CA 94954 OWNER (Name and Address): CITY OF SAN RAFAEL 1400 — 5TH AVENUE SAN RAFAEL, CA 94901 SURETY (Name and Principal Place of Business): International Fidelity Insurance Company One Newark Center Newark, New Jersey 07102 CONSTRUCTION CONTRACT Date: APRIL 5, 2004 Amount: $233, 823.00 Description ( ame and Location): SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADA ROAD, REBID BOND Date: (Not earlier than Construction Contract Date): APRIL 5, 2004 Amount: $233,823-00 Modifications to this Bond: None ❑ See Page 6 CONTRAC OR AS PRINCIPAL SURETY Company. orporate Seal) Company: (Corporate Seal) International Fidelity Insurance Company MI PACOMPANY,` One Newark Center 1�t Newark, New Jersey 07102 y j� • Signature: 4�- �--� 9 Signature: i, �1 t� } _� 9 Name and Title: Name and Title: LAWRENCE J. COYNE, ATTORNEY—IN—FACT (Any additional signatures appear on page 6) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or USI INSURANCE SERVICES OF Nut xbtit u other party): CALIFORNIA, INC. N/A P.O. BOX 4409 PETALUMA, CA 94955 (707) 763 - 4321 Printed in cooperation with the American Institute of Architects (AIA) by International Fidelity Insurance Company. International Fidelity Insurance Company vouches that the language in the document conforms exactly to the language used in AIA Document A312, February 1984 edition. 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporat- ed herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) anc sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amount that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date(1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Printed in cooperation with the American Institute of Architects (AIA) by International Fidelity Insurance Company. International Fidelity Insurance Company vouches that the language in the document conforms exactly to the language used in AIA Document A312, February 19B4 edition. Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone servie or rental equipment used In the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE Contruction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRAG7174�R AS PRINCIPAL Compan orporate Seal) Signature: 11 ��'ts:u �_�•� Name and Title: Address: SURETY Company: International Fidelity Insurance Company One Newark Center Newark, New Jersey 07102 Signature: Name and Title: Address: (Corporate Seal) Printed in cooperation with the American Institute of Architects (AIA) by International Fidelity Insurance Company. International' Fidelity Insurance Company vouches that the language in the document conforms exactly to the language used in AIA Document A312, February 1984 edition. CALIF®E NEA ALL-PURPOSE ACKNOWLEDGMENT Na. 5907 .�.»v... r!-"'i�'Y!rye•rrrr....+yrrrr rr....�_�..,5�...�.►ir rr yr.�,rrrrrrri�rr rrr...r►r r'.�r �.r-r'fir.� _t ❑ PARTNER(5) State of CALIFORNIA A ❑ GENERAL County of 5ONOMA i ❑ A' On 4/5/04 i before me, K. HOLTEMANN } � DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" i personally appeared LAWRENCE J. COYNE, ATTORNEY-IN-FACT OTHER: NAME(S) OF SIGNER(S) 1 : CXpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 1 to be the person() whose name( ism subscribed to the within instrument and ac- knowledged to me that hehabedmW executed ,r�rrt_,_ the same in his/her authorized _ : w._._..___, «:,,:_1, -capacityO, and that by his/iNwa i 12, ���: l )•. r n r r,+=+fir) signature(s) on the instrument the person(�s), i )��:.I 1all: i 11(i! II 'LIF. r� �- 1 \ s, r.� .,r• r: or ,r, or , the entity upon behalf of which the 1-I I In t ,1. 1;11}:..' -- -1 r•���:;aw,YV'1j';,•�:.=:�:1�=y�:�� _ person() acted, executed the instrument. 1 WITNESS my hand and official seal. vnGc� � SIGNATURE OF NOTARY Il Ii11, 1111111�� 1.11,111111111111.111111 I6.1.11uA J.Al. ..AN.1111,1111l:..IIIi111A1Y: OPTIONAL Illll.illl,iil:lli 11, 111ILili II.Illi,ll ll,i; Illla�11141.�il IIII 111111.11111il Ib ll.:i .L iIllllill liY: Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. :CAPACITY CLAIMED BY ,SIGNED ❑ INDIVIDUAL ❑ CORPORATE OFFICER DESCRIPTIQ'N OFATTACHED DOCUMENT 1 / Iii C• � TITLE OR TYPE OF DOCUMEIstT THREE NUMBER OF PAGES APRIL 5, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) n/a INTERNATIONAL FIDELITY INSURANCE COMPANY SIGNER(S) OTHER THAN NAME 01P93 NATIDNA! NOTARY ASSOCIATION • 9236R??mm=! .Ava. F'.Ct :2o-,7,; - MLE(S) ❑ PARTNER(5) 11LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) D GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTIQ'N OFATTACHED DOCUMENT 1 / Iii C• � TITLE OR TYPE OF DOCUMEIstT THREE NUMBER OF PAGES APRIL 5, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) n/a INTERNATIONAL FIDELITY INSURANCE COMPANY SIGNER(S) OTHER THAN NAME 01P93 NATIDNA! NOTARY ASSOCIATION • 9236R??mm=! .Ava. F'.Ct :2o-,7,; - Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint GORAN G.E. RYN, BONNIE K. FRYMIRE, LAWRENCE J. COYNE, KELLY HOLTEMANN Petaluma, CA. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity ano other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. CITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be POD- signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. f V0� ,w���y INTERNATIONAL FIDELITY INSURANCE CO Y SEAL m y 9 STATE OF NEW JERSEY JE 4:b County of Essex 1H/ Vice -Pr ident On this 31st day of August 1998, before me came the individual who executed the Preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. U',1AF1Q6 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 5'H day of APRIL, 2004 /'/ �Xu "..' , Assistant Secretary '�,