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HomeMy WebLinkAboutCC Resolution 11362 (Comm. Dev. Remodel; Phase II)RESOLUTION NO. 11362 RESOLUTION OF AWARD OF CONTRACT FOR CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT DEPARTMENT PHASE II REMODEL TO JMA CONSTRUCTION IN THE AMOUNT OF $146,000.00 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 291h day of July, 2003, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT DEPARTMENT PHASE II REMODEL" PROJECT NO. CDD2003-01 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of JMA CONSTRUCTION, at the lump sum price stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder, and deductible items of work B,C, and D have been removed from the contract to reduce the overall price from $220,000.00 to $146,000.00 therefor: NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of JMA CONSTRUCTION, and the same is hereby accepted at said limp stun price less deductible items B, C, and D and that the contract for said work improvements -1- �`. 3�� be and the same is hereby awarded to said JMA CONSTRUCTION, at the lump sum price less deductible items B, C, and D mentioned in said bid. BE IT FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with JMA Construction, for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Community Development Director take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, Jeanne M. Leoncini, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 4ch day of August, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEAN E'M. LEONCINI, City Clerk -2- CITY OF SAN RAFAEL Community Development Department OPENING OF SEALED BIDS RE: City of San Rafael Community Development Department Phase II Remodel Project No CDD 2003-01 Date of Bid Opening: Tuesday, July 29, 2003 @ 2:30 p.m. NAME OF BIDDER JMA Construction 1801 Larkin Street San Francisco, CA 94109 KenRidge Builders, Inc. 1360 Industrial Avenue, Suite D Petaluma, CA 94952 James Nolan Construction, Inc. P.O. Box 90 St. Helena, CA 94574 ENGINEER'S ESTIMATE: AMOUNT $220,000.00 $241,000.00 $229,000.00 $ 100,000.00 word\city clerk work\misc\bid —CDD Remodel CD City of San Rafael ♦ California Form of Contract Agreement for CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT DEPARTMENT PHASE II REMODEL Project No: CDD 2003-01 This Agreement is made and entered into this 4TH day of August 2003 by and between the City of San Rafael (hereinafter called City) and JMA CONSTRUCTION (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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: CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT DEPARTMENT PHASE II REMODEL Project No: CDD2003-01, 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. II - Contract Documents The Contract Documents consist of the following, all of which are as fully a part hereof as if herein set out in full and, if not attached hereto, the same as if hereto attached: A. The accepted Proposal of the Contractor. B. The fully executed Performance Bond and Payment Bond. C. Workers Compensation, Public Liability and Property Damage Insurance, as required from the Contractor pursuant to the terms of the Contract. D. This Agreement. E. The General Conditions. F. The Specifications and the Drawings and all authorized modifications thereof and Addenda thereto. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) working days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed by October 31, 2003 and including 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 $500.00 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 co -Hy AGREEMENT 1 City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum CONTRACTOR'S COMPENSATION. The City will pay and the Contractor will accept, in full consideration for the performance of the Contract, subect to additions and deductions as provided therein, the sum of one hundred forty six thousand dollars ( $146.000.001, and sum being the total of the Contractor's Base Bid and the following deductive Alternates. Deduct Alternates B, C, and D. V - Progress Payments (a). On not later than the 6th day of every month the Community Development 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 Community Development 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 Community Development 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 Contractor, 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 Community Development Director 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 Community Development Director 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. AGREEMENT 0 2 (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Community Development Director so certifies, the City shall, upon certificate of the Community Development Director, 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: An�ne M. Leoncim City Clerk CITY SAN RAFAEL: 0 Z Al ert Boro Mayor CONTRACTOR: I L for C AGREEMENT @3 POLIL;YHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-26-2003 GROUP: POLICY NUMBER: 1517378-2003 CERTIFICATE ID: 11 CERTIFICATE EXPIRES: 06-01-2004 06-01-2003/06-01-2004 CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT 1400 5TH AVE SAN RAFAEL CA 94915 JOB: PROJECT #CDD 2003-01 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. �(A� AUTHORIZED REPRESENTATIVE Al� e . 0&� PRESIDENT STANDARD POLICY EXCLUSIONS: INDIVIDUAL EMPLOYERS, HUSBAND AND WIFE EMPLOYERS, EMPLOYEES COVERED UNDER CPL INSURANCE AND EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER MA, JIM DBA: J. MA CONSTRUCTION 1801 LARKIN ST APT C SAN FRANCISCO CA 94109 [ND,NA1 PRINTeED:08-27-2003 SCIF 10262E Accept this certircale only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1 09/11/2003 12:47 415-566-7308 J LIU INSURANCE SRVS PACaE 01/61 ACORD- CERTIFICA M OF LIABILITY INSURANCEDATE 19/2003 THIS CERTIFICATE IS ISSUED AS A MATTER CI INI:ORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Jessioa Liu Insurance Services HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR: ALDER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1511 Taraval Street ((201 TSL: (415) 731-8036 INSURERS AFFORDING COVERAGE San Francisco CA 94116 - I INSURER a rinancial Indemnity Company INSURED IINSURERaTOPA Insurance Company J. Ma DHA: J. Ma ConstructionI41NSURERC. 1801 Larkin Street IINSURER0 San Francisco CA 94108— INSURER E , COVERAGES HE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TPOLICY 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. /jG jREOATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POMY EFF19CTNE POLICY EXPIRATION �F� TYPE OF INSURANCE POLICY NUMBER LIMITS OIYYI DSILMD[)NYI LTR GENERAL LIABILITY / / / EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (MY one Ike) S =CLAIMS MADE 0 OCCUR / / MED EXP (MY aN poraon) S PERSONAL 6 ADV INJURY S GENERAL AGGREGATE S GEML AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMPIOP AGO S 7 I 1 I I LOC / JJEE-CT POLICY At70NiOBILE LIABILITY / / / COMBINED SINGLE LIMIT (Ea eaVferp s 1 � 000 � 00 C _ ANY quTC R ALL OWNED AUTOS C 7415799 03 06/01/2003 06/OiJ2004 BODILY INJURY _ X SCHEDULED AUTOS (Per Pw%w) S / / / / WIRED AUTOS BODILYINNRY NON -OWNED AUTOS (Per ami"A S PROPERTY DAMAGE (Per amWono S GARAGE LLA131LITY AUTO ONLY . EA ACCIDENT S ANY ALTO / / / / OTHER THAN EA ACC S AUTO ONLY AcG f EXCESSUAPILRY I / / / EACH OCCURRENCE S 4'DODr000 X I OCCUR F-1 CLAIMS MADE AGGREGATE S 4,000,000 f 8 OEDVCr19LE JMA 1431 09/11/2003 04/12/2004 s RETENTION S WD KERS COMPENSATIDNAND f / / / / ITVA Y UA Ing I I Vtj�+ M EMPLOY EIS' LIABILITY EL. EACHACCIOENT S E.L. DISEASE • EA EMPLOYEE S EL. DISEASE- POUCY UMIT S OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLU810NS ADDED BY ENDORSEMENTISPECIAL PROVISIONS For Project: City of Ban Rafael Cougmnity Development Dept, project#: CDD2003-01 **Except Cap 10 days non-payment** CERTIFICATE HOLDER ( X I ADOCTIONAL INSURED• INSURER LETTER: _. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT City Of Sari Rafael Community Devt Dept FAILURE TO DO 10 SHALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE 1400 Fifth Avenue INSURER; 1T9AGENTS DRREPRESENTATIVE& Q.O. tax 151560 AUTHORIZEDREPRASENTATNE San Rafael CA 94915-1560 11 I ACORD 25-S (7/87) O ACORD CORPORATION 1988 INS025S (osip 01 ELECTRONIC LASER FORMS. INC.. (800)927.0545 Pag* T of 2 06/28/2003 09:07 415-566-7306 J LIU INSURANCE SPVS RLI INSURANCE C . Peoria, Illinois Certificate of Liability nsurance Producer JESSICA LIU INSURANCE 1511 laraval street 11201 San Francisco SAN FRANCISCO CA 94116 Phone:4157318436 Fax:4155667309 Insured J MA CONSTRUCTION DBA: JIM MA 1801 LARKIN STREET #C SAN FRANCISCO CA 94108 COVERAGES PAGE 02/04 Data (MMIDOM) 6/46/03 This Cart f1cate Is Issued as a matter of Information only and confers no rights ur 3n the certlflCate holder. This Certificate does not amend, extend or altar the coverage afforded by the policies below. j Companies Affording Coverage f4 Compan A: RLI INSURANCE CO. Compan a. Compan ° C: Compan - D: This Is to eanify that the policies of insurance listed below have been issued to the Insure named above for the policy pet;od Indicated, notwith- standing any requirement. term or condition of any contract or other document with respect to which tris certificate maybe Issued or may perteln. the Insurance afforded by the policies deecribad herein is subject to all the terms, exclusions and conditions of s n policies. Limits shown may have been reduced by paid claims. Co POLICY EFFECTIVE P,LICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) -ATE (MMIDONY) LIMITS A General Llabnity AC10005337 04112/2003 14/1212004 General Aapfeaale 2,000,000 ® Commercial General LIebillty Products -Comp/Op Aga. 1,000,000 ❑ Claims Made ®Occur Personal A Adv. Inlury I 1 000 DOD owner's 6 Contractor's Each Occurrence S 006000 Protective Liability Fire Dstnape (Any one the $ j00`660 ❑ Terrorism Policy Med Exp, (Any one person $ 10,00; ❑ Contractor's Special Form Commerclat Umbrella Each Occurrence S Aggregate $ Commercial Excoss Umbrella Each Occurrence $ Aggregate S Commercial Excess Liability Each Occurrence S A9gregate S Certificate Holder City of San Rafael Community Developmen Dept 1400 Fifth Avenue San Rafael CA $4915 tea.. Richard Quehl, Home Office Undowiling Executive RIL 2129 (12102) Page 1 oft ob/'Ltr/ LbbJ by: I7 r 415-bbb- FJU8 J LlU ..iVSUk/aNCE 5kV5 PAGE 04/04 Oe/2?/2003 17; 18 No. 543 LAJU., ' I BROKER COPY STATE- P.O. BOX 420607, SAN FRANCISCO, CA 94142'0607 eo�ePenanrion ,N9UR^NCE FUND CERTIFIcATre OF WORKERS' COMAE 4SATION INSURANCE I9ltLTc DATE: 08-26-2003 GROUP. POLICY NUMBER! 1517376-2009 CERTIFICATE 10: 11 CERTIP1WE EXPIRES: 06 - 01 � a 004 06 -01 -2003106 -DI -2004 CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT 1430 5T11 AVE 5}RV RAt?A$L CA 94915 JOB: PROYNCr #CAA Z001-01 Th s is to certify that we have Issued a valid Workeer. Compensation insu anoe policy in a form approved by the California tncurance Corrlmieaioner to the employer named below for the policy p d Indicated. Th,s policy is not subject to cancellation by the Fund except upon 10 da advance written notice to the employer. We will also give you 10 daytia advance noa should this policy be ea ft prior t0 normal expiration. This certificate of insurance is not sn insurance policy and does not am d, extend or alter the coverage affordea by the policies listed herein. Notwithstanding any requirement, term Or eonditio of any contract or other document with re:;pect to which this cenificom of Insurance may be Issued ar may p the insurance aMrded by the policies aescribed herein is subject to all the terms, exclusion■, and conditiorss, ouch policies. C AUTHORIZED RePR642 vtA7IVE STANDARD POLICY RXCLVSIONS: INDZVMTJAL EMPLOYI S, HUSBAND AND WIFE EMPLOYERS, EMPLOYEES COVERED UNDER CPL tNSURMCE AND VMPLIDYMS EXCLi1 PD t1PIDER CALIFORNIA WORKERS COMPINSA.TION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE POSTS: $1,000,000 ProR OCCURRENCE. t n.OYER MA, JIM DSA: J. RA CONSTRUCTXON 1501 LARKIN ST APT C SAN FRANCISCO CA 94109 PRI• 0: W-27.2003 • ^.' ••^ •^ oma, ituN tarnncab onry N yov roe r fern w4.muY INA Fels 'DFFICIAI. Bia76 FLwO sOCi1MEM' P c H OF 1 lot$/ LG/ zt3t3J ny: u r 417-7bb- r JUU J L1U .,NSUKANUt bKVS HAUL 03/04 i RLI INSURANCE COX Peoria, Illinois IRAPORTAN-;. If the certificate holder is an ADDITIONAL INSORED, the policy(ies) must be endorsed. A statement on this certificate does rot confer rights to the certificate holder in lieu of such endorsement(s If SUBROGATION IS WAIVED, subject to the t -rms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifica a holder in lieu of such endorsement(s). DISCLAIMEIR The Certificate of Insurance on page one of thi i; form does not constitute a contract between the Issuing insurer(s), author' ed representative or producer, and the certificate holder, nor does it affirmativ ly or negatively amend, extend or alter the coverage afforded by the policies Ii.- ted thereon. For questions regarding the content or this cert; ficate, please contact tlProducer/Agent at the phone number listed on the certificate, RIL 2129 (12/02) Page 2 of 2 CONTRACTOR'S BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR FAITHFUL PERFORMANCE Hartford, Connecticut 06183 Bond #103321664 KNOW ALL MEN BY THESE PRESENTS: Premium: $3,190 That we, JMA Construction as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto City of San Rafael CA as Obligee, in the full and just sum of One hundred forty—six thousand and no/100 Dollars, ($ 146,000 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 25th day of August 2003. THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract or is about to enter into a contract with the said Obligee Phase II remodel, prof #CDD2003-01 as is more specifically set forth in said contract, to which contract reference is hereby made. NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. JMA Construction v TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By d']�r'�ivG�ii�� M. R. Stewart Attorney -in -Fact S-2359-1 (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On Aug 25 2003 before me, DATE personally appeared DEBBIE BRANDON NAME, TITLE OR OFFICER-E.G. 'JANE DOE, NOTARY PUBLIC' M.R. Stewart NAMES OF SIGNER(S) ® personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 WITNESS my hand and official seal. •" OFFICIAL SEAL - 1353443 DEBBIE � ••,� ~ BRANDON � Z = , NOTARY PUBLIC - CALIF. 0 COUNTY OF SONOMA SIGNATURE OF NOTARY .,.x My Comm. Exp. April 26, 20p6 rrvwwwvv ++w ------------------------------------------------------------------------ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America PAYMENT BOND - PUBLIC WO► SECTIONS 3247 - 3252, CIVIL CODE (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALI AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 103321664 Premium $ Included THAT WHEREAS, The State of California, acting by and through the City of San Rafael CA has awarded to JMA Construction as Contractor, a contract for the work described as follows: Phase II remodel, Proj #CDD2003-01. AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the State of California in the amount required by law, the sum of One hundred forty—six thousand and no/100 ($ 146,000 ) Dollars, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 25thday of August 2003. JMA Construction Contractor TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By M -/I- •�itl%�aC I M. R. Stewart V Attorney -in -Fact S -2061-B (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On Aug 25 2003 before me, DATE personally appeared DEBBIE BRANDON NAME, TITLE OR OFFICER-E.G. "JANE DOE, NOTARY PUBLIC- M.R. Stewart NAMES OF SIGNER(S) ® personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIALSEAL-1353643 WITNESS my hand and official seal. DEBBIE BRANDON Z U = ,� NOTARY PUBLIC - CALIF. 0 ZXCOUNTY OF SONOMA SIGNATURE OF NOTARY �l MY Comm. Exp April 26, 2006 B f wW'y y N OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America 11-avelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coveraaP fnr r-rlrtain losses caused by international acts of terrorism as defined in .0 Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded * your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICA'T'E OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS. BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the Slate of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: M. R. Stewart, Paul Ramatici, of Petaluma, California, their true and lawful Attorney(s)- in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, (lie following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, tinny Vice President, any Second Vice President, tie Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds, recognizances, contracts of indemnity, mid other writings obligutory iti the nature of a bond, recognizance, or conditional undertaking, mid tiny of said officers or the Bonrd of Directors at tiny time mny remove tiny such uppoinlee and revoke the power given hint or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing mid a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contrnct of indemnity, or writing obligatory in the nature of a bond, recognizunce, or conditional undertaking shall be valid and binding upon the Company when (a) sighed by tie President, oily Vice Chairman, any Executive Vice President, oily Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Atlonieys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to ally power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -iii -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and oily such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in (he future with respect to tiny bund or undertaking to which it is attached. (1 1-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 25th day of January 2001. S'I'A1'li Ol'-CONNLC'I'ICU'1' l SS. Hartford COUNTY OF HARTFORD im�pny, ,,ttY ANO GpSU4 C(HAWTORO, �HARTFORD, 19 8 2 O NN. %%%JJJ CONN.o_. ��'� '`bt *aysi bey ♦c�.��� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 25th day of January, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that lic/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. SD Zl NOTARY ♦ M� t PU9L10 My commission expires December 31, 2002 Notary Public C�NNEGS...;�•'•, Carol A. Thompson CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the Slate of Connecticut, DO HEREBY CERTIFY that (lie foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 25th day of August 120 03. " 110 W9w J*6tY ANp ,rG ?• GA OU4C!'L rl Uwe }D♦ q��b^ HARTFORD a HARTFORD, 1 9 8 2 O CONN. >' CONN. o b n By Kort M. Johanson Assistant Secretary, Bond