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allowed to be withdrawn based on the fact that it was a material mistake, and they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
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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
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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 =- . .
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(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
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❑
PARTNER(5)
State of CALIFORNIA
A
❑ GENERAL
County of 5ONOMA
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❑
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�
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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
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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 '�,