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HomeMy WebLinkAboutCC Resolution 10930 (East SR Impr. Proj.; Bauman)'RESOLUTION NO. 10930 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR EAST SAN RAFAEL IMPROVEMENTS PROJECT PHASE IIB, PROJECT NO. 046-4610-754-8000 (BID OPENING HELD ON TUESDAY, SEPTEMBER 25, 2001), TO BAUMAN LANDSCAPE, INC., IN THE AMOUNT OF $683,683.00. WHEREAS, on the 25th day of September, 2001, 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: "EAST SAN RAFAEL IMPROVEMENT PROJECT PHASE IIB" PROJECT NO. 046-4610-754-8000 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Bauman Landscape, Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Bauman Landscape, Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Bauman Landscape, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor of said City be authorized and directed to execute a contract Bauman Landscape, Inc. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, 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 1" day of October, 2001, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Flel l er, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEANNE I I ONCINI City Clerk File No.: 18.01.55 o o - c, O O O 0 o 0 0 0 0 0 01- cc 0 0 0 CD 0 In 0 0 0 0 0 0 o rl o nl O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -t O Q In O m Vl O Vl O N OO O o 0 0 0 0 0 c O O O o 0 0 Y o o rl O o r �n �n m o a, o 0 0 0 0 o 0 o c In v o 0 0 0 rl o �n In o In cl- O R. n O In o m O N o o O co 0 C c � F v vi r a` 0 Q d �00am0m'o0000000000 0 - 000000tz- o m o rt 0 0 - O m C -- N C o ,o o U O c ry = v nl nl ^ U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O V'a O O In V1 O o0 O O OO O O O O O O O O O O O O O O O O M S o o o o v-, o 0 ,o o r- o o vi n m o ry oo v a? �o o In a m r r o o ry rw o o ,o vi m .- rn o a. �!4d `n 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,_U ss o 0000 000 Ori0000000000000000000 `. 000 0 a 0 r r 6600 0N0 0 0 0 11 x 0 cl",1 0 r a❑ ly Z U� o o - In - - - In - m r o o ry r o o- N ^ a ] vi ,o ri ri c c 0 0 00 v • Q C4 a m N •--� O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 11 o rl O O o In o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N o 0 0 0 0o O o ry N o r r In N r 00 o In In O O O O O v o v 0 0 0 o m In C o Vl N -- o O O' -- N -- Vl ^� 00 ,O � � ,O DO o O m -- ,D Vt O rV' O O U 0 F. ni oc v ry ri ri In m = rl rn - r" v. ni ni m v m ,o In v ,o v ri o In U � Q U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Uvniw 69 0 0 0 0 0 O O O O Vt m O ,D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 0 0 In v o In In o - o o 0 0 0 0 0 0 00 0 N a o O n 5 ni m ni ri -- nl V vi v o O o 0 0 0 o o o o In o o 0 0 0 0 o o o o 0 o o o 0 o o o 0 0 In w: 0 O O O O o 0 0 0 r O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r o rn o 0 o 0 0 0 o m o In 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 O r o o` In -- In o o v In r 0 In O In O O O O o O o m o Q O o o o rl o a o a rt o IC r In -- ri m m m� n 0o O o o -- ,o vi o -- o o r r Fr Q ^1 n t� a, ni Vl m r M o0 7 V1 i m m ,D ,O a N V �• o V ^ O t, .c. 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Ww c° m �, "' p c aci Q a' "° a E r r U A ,c a' �0 a c c u a c F o e a' E a e n Q o> o v 0 v ocon o o d e h o Ln Q m n 1 w d v U a a o U n 'ce0 n e U v v d v U "' wu .. O e0 m n o o o o > w n o a a - U" Q n .E e> 3 Q? p Z C ° `� aEi aEi aEi v :? �.' d' a o v n' a v al �. �. m �. > .S o T o A �o m c FFaaa:a iAFF2 4U(S000c4FFwFawrnvaC'4c4FUFFu, N m C M b ' 0 a r 0T o A o N NN11ryN N N nl wLwza.ro m City of San Rafael • California Form of Contract Agreement For EAST SAN RAFAEL IMPROVEMENT PROJECT PHASE IIB PROJECT NO. 046-4610-754-8000 This Agreement is made and entered into this 5th day of October, 2001 by and between the City of San Rafael (hereinafter called City) and Bauman Landscape, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: lI - 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: East San Rafael Improvement Project Phase IIB, 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. 111- Time of Completion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the City to the Contractor to proceed. However, no field construction shall occur until all traffic signal hardware, including poles, mast arms, signal heads, and controller are within the possession of the contractor. (b) The work shall be completed within 45 working days after the date of such notice, and after 20 week lead time for acquisition of materials, and with such extensions of time as are provided for in the General Conditions. 111I - 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 City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 1V - 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 COPY ITEM EST UNIT UNIT ITEM NO. ITEM QTY PRICE, $ TOTAL, $ 1 Mobilization 1 LS 40,523.00 40,523.00 2 Traffic Control System 1 LS 9,000.00 9,000.00 3 Remove Median Island 700 M2 26.00 18,200.00 4 Remove Sidewalk and Driveways 9 M2 260.00 2,340.00 5 Remove Asphalt Pavement 925 M2 23.00 21,275.00 6 Remove & Salvage Luminaires 6 EA 400.00 2,400.00 7 Sidewalk 9 M2 400.00 3,600.00 8 Type E Curb 385 M2 58.90 22,330.00 9 Median Island 310 M2 87.11 26,970.00 10 Reinforced Fabric 14,115 M2 1.00 14,115.00 11 Cold Plane Asphalt 3,275 M2 5.00 16,375.00 12 Deep Life Asphalt Concrete 1,255 Tonne 85.00 106,675.00 13 Asphalt Concrete Overlay 1,700 Tonne 64.00 108,800.00 14 Adjust Manhole to Grade 15 EA 350.00 5,250.00 15 Adjust Valve to Grade 14 EA 250.00 3,500.00 16 Reset Monument 1 EA 500.00 500.00 17 Type C Catch Basin 1 EA 1,700.00 1,700.00 18 Type F Catch Basin 1 EA 1,700.00 1,700.00 19 Saddle Type Catch Basin 2 EA 1,700.00 3,400.00 20 Type A Manhole 2 EA 2,800.00 5,600.00 21 PVC Storm Drain Pipe 200 M2 222.00 44,400.00 22 Flashing Beacon System 1 LS 29,000.00 29,000.00 23 Street Lighting System 1 LS 137,000.00 137,000.00 24 Striping and Pavement Marking 1 LS 14,500.00 14,500.00 25 Remove & Salvage/Relocate Sign 5 EA 130.00 650.00 26 Roadway Sign 7 EA 240.00 1,680.00 27 Type A Loop Detector 40 EA 450.00 18,000.00 28 Construction Staking 1 LS 10,000.00 10,000.00 29 Traffic Bearing Pull Box 4 EA 800.00 3,200.00 30 Signal Interconnect System 1 LS 11,000.00 11,000.00 Grand Total $683,683.00 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. AGREEMENT • 2 (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 the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. AGREEMENT • 3 ATTEST: J nne M. Leoncini City Clerk City Attorney CITY OF SAN RAFAEL: leertAoro ee� a `ta a y AGREEMENT • 4 BOND EXECUTED IN TRIPLICATE Colonial American Casualty and Surety Company PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that: celeP44 � lY7 U Y-3 7' 5 ;LV- 96 es Of /o -/ *,-al AIA 311 Equivalent PREMIUM: $8,204.00 Bond No. 08596195 Bauman Landscape, Inc. as Principal, hereinafter called Contractor, and Colonial American Casualty and Surety Company, a corporation duly organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael as Obligee, hereinafter called Owner, in the amount of Six Hundred Eighty Three Thousand Six Hundred Eighty Three & 00/100- Dollars ( $683,683.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally by thesep resents. WHEREAS, Contractor has by written agreement dated October 5th, 2001 (dated no later than this bond) entered into a contract with Owner for East San Rafael Improvement Project (Phase IIB), Project No: 046 4610 754 8000 total contract amount being $683,683.00 and in accordance with Drawings and Specifications prepared by n/a which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, T HERE FORE, TH E CONDITION OF THIS OBLIGA TION is such tha t, if Contra ctor shall promptly a nd faithful ly pe rfo rm said Contract, then this obligation shall be null and void; other wi se it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default and terminated under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determinati on by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the fust paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years { three (3) years for projects in North Carolina) from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 11thday of October , 20 01 Baumai an sc Tualtmd ' //. (Princi�rl (Seal) .G ( �) By. Michae . Ba(Ildo Coloni al A me i aty Company (whims) By. ►l Kelly Holtem nn (Attorney -in -Fact) CALIFORNIA ALL-PURPOSE CKNOWLECGMENT No. 5907 ��/Ir!r'r-�rrr�r'ri.��rr��rr�C,�r��r+ir�����r���r�r..►.�i�rrrr�frr�r ��rr���r�rrrr �����.�i� � t t i State of CALIFORNIA t i County of SONOMA t t � I On 10/11/01 before me, BONNIE K. FR�RE, NOTARY PUBLIC t t UC - DATE NAME, Tm-E OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC i t T�TT,Y AOLTEI�1'ANN--_--__----------- --- 1 personally appeared - > NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g.) whose name(Z9 is subscribed to the within instrument and ac- knowledged• to me thattulshe executed the same in =/her/2MM authorized capacity j, and that by KW-her/NW�K signature(Y.) on the instrument the person(, or the entity upon behalf of which the person(• acted, executed the instrument. i l � OFFICIAL SEAL 1217287 it WI NESS my hand and official seal t BONNIE K. FRYMIRE Z NOTARY PUBLIC - CALIF. i l Z .: COUNTY OF SONOMA ' • �iL�� �C t t ` l r My Co jnm. Exp. April 28, 2003 jk SIGNATURE OV1'1AR 1 t OPTIONAL 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. t t 1 i CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT i ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE 0 ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) i❑ ❑ GUARDIAN/CONSERVATOR OTHER: i ❑ 10/11/01 DATE OF DOCUMENT l L 1 SIGNER IS REPRESENTING: NIS NAME OF PERSON(S) OR eMTY0a) COLONIAL AMERICAN CASUALTY AND SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE t 1 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 • Canoga Paris, CA 91309-7184 BOND EXECUTED IN TRIPLICATE Colonial American Casualty and Surety Company LABOR & MATERIAL PAYMENT BOND AIA 311 Equivalent Bond No. 08596195, PREMIUM: INCLUDED KNOW ALL MEN BY THESE PRESENTS that: Bauman Landscape, Inc. as Principal, hereinafter called Principal, and Colonial American Casualty and Surety Company a corporation organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Six Hundred Eighty Three Thousand Six Hundred Eighty Three & 00/100- Dollars ( $683,683.00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated October 5th, 2001 (dated no later than this bond) entered into a contract with Owner for East San Rafael Improvement Project (Phase HB), Project No: 046 4610 754 8000 total contract amount being $683,683.00 in accordance with Drawings and Specifications prepared by n/a which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF TIES OBLIGATION is such that, if Pcincipal shall promptly make payment to all c laim ants as h ereinafter defin ed, for all la bor and material u sed or reasonably r equired for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force an d effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnis hed by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Page 1 of 2 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follow ing: the Pr incipal, the Owner, or the Surety above named, within ninety ( 90) days aft er suc h claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the naive of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transactions of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which the claimant last supplied labor or material or both, use d o r reas ona bly requir ed for use in th e p erformanc a of the C ontr act, it bein g u rider stood, how ever, t hat i f any 1 imit at io n embodi ed i n t hi s bon d i s prohi bi ted by an y 1 aw co nt rol ling t he construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limit ation p ermitt ed b y su ch law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here under, incl us ive of the pa yore nt by S ure ty of M echani cs' li ens whic h ma y be fi led o f record agai ns t s aid improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 11th day of October , 2001 Colonial American Casualty and Surety Company (Witnes)s By: Kelly 11oltemann Paget oft (Tith) (Attmney-in-Fact) CALIFORNIA ALL-PURPOSE. 4.`WK iOWLECGMENT No. 5907 rrrrrrrrr-rrr-rrrr�rrr.�r..rrir•rrr.rrrrr—r, State of CALIFORNIA County of SONOMA On 10/11/01 before me, BOPS K. FFMME, NOTARY PUBLIC DATE NAME. TM -E OF OFFICER - E.G., -JANE DOE. NOTARY PUSUC- personally appeared KELLY HOLTEMM NAME(S) OF SIGNERS) l i © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence i to be the person(a) whose name(A is subscribed to the within instrument and ac- knowledged• to me that,-beVsheht executed �{ the same in Jher/2KM authorized capacity j, and that by KW. her/t K signature(Y.) on the instrument the person(, t or the entity upon behalf of which the t person(, acted, executed the instrument. k •• •. OFFICIAL SEAL - 1217287 1 WITNESS my hand and official seal. T ~ BONNIE K. FRYMIRE Z ` V ` • NOTARY PUBLIC - CALIF. Z � COUNTY OF SONOMA - • My Comm. Exp. April 28, 2003 SIGNATURE OF NO CRY' L� OPTIONAL 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 TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR I ❑ OTHER: 1 1 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN nTYPES) lCOLONIAL AMERICAN CASUALTY 1 AND SURE'T'Y COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAY= BOND TITLE OR TYPE OF DOCUMENT TWO NUMBER OF PAGES 10/11/01 DATE OF DOCUMENT NIS SIGNER(S) OTHER THAN NAMED ABOVE C1'993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., .P.O. Box 7184 - Canoga Paris, CA 91309-7164 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by W. B. WALER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl 8�cc 2, of thrde aws of said Company, which are set forth on the reverse side hereof and are hereby certif e m full �c ffect on the date hereof, does hereby nominate, constitute and appoint Kelly HOLTE , of Petal Valifornia, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver f� on its b Vsurety, and as its act and deed: any and all bonds and undertakings, each in a penalty �€ ceed the s %duX, MULLION DOLLARS ($6,000,000) and the execution of such bonds or undertakings fin41 ance of tl e�sresents, shall be as binding upon said Company, as fully and amply, to all intents andpure if they h en duly executed and acknowledged by the regularly elected officers of the Company at its o00;altimo 1 ., in their own proper persons. The said Assistant Secretary does here4Q fy that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Law06aid Company, and is now in force. IN WITNESS WHEREOF, 1%pgaid Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 17th day of May, A.D. 1999. ATTEST: COLONIAL AMERICAN CASUALTY 6 SEAN T. E. Smith Assistant Secretary State of Maryland1 f ss: County of Baltimore AND SURETY COMPANY By: 6"'Lh' W. B. Walbrecher Vice -President On this 17th day of May, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Carol J. Faddy Notary Public My Commission Expires: August 1, 2000 L1428; 186-2034B L: l 1 enu g: 14 b U U b A U1V1ALAN 1 TM CERTIFICA E OF LIABILITY INSUI XNCE io%io%oi PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2199 S. McDowell Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 Petaluma, CA 94955-4409 INSURED Bauman Landscape, Inc. 115 Brookside Drive Richmond, CA 94801 COVERAGES INSURERS AFFORDING COVERAGE INSURERA Admiral Insurance Company/Tri-City INSURERB Nationwide Mutual Ins Co. `Allied INSURERc General Security Ins Co/Tri-City INSURERD State Compensation Insurance Fund INSURER E: 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY A011AG113 6 5 09/01/01 09/01/02 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR X OCP GEN'L AGGREGATE LIMIT APPLIES PER. POLICY PRO- JECT LOC B AUTOMOBILE LIABILITY ACP 7 8 0 0 9 5 2 8 81 09/01/01 09/01/02 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO C EXCESS UABILITY UM2008633 09/01/01 09/01/02 X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $10000 D WORKERS COMPENSATION AND 31512 9101 10/01/01 10/01/02 EMPLOYERS' LIABILITY OTHER FIRE DAMAGE (Any one lire) $100, 000 MED EXP (Any one person) $5 , 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS -COMP/OP AGG s2,000,000 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY $ (Per person) s4,000,000 BODILY INJURY $ (Per accident) $ PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE s4,000,000 AGGREGATE $4 , 000 , 000 $ S X WC STATU- OTH- TORY LIMITS ER El EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E L. DISEASE - POLICY LIMIT $1, 000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Cancellation: Except for 10 -day notice for non-payment of premium. Re: East San Rafael Improvement Project (Phase IIB. Job #01136. Additional Insured named per the attached GL endorsement. CERTIFICATE HOLDER ADDITIONALINSURED:INSURERLETTER: City of San Rafael Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 ACORD25-S(7/97)1 of 2 ##S43436/M43435 CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 3 0 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAM EDTOTHELEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /1b V,,—. VAt� L9C © ACORD 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. ACORD25-S(7/97)2 of 2 ##S43436/M43435 PolicyNumber. A011AIS11365 CG 20 10 11 8S Eframive D== p 1/01/1401 THIS ENDORSEMENT CEO NGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- (FORM B) 71" ondorsan=, madifles ms== prarieW un,da tine fnllawkW COMh¢RCIAL GENERAL LIABUX Y c0VFRAGE PAR-'. SCHIMULE Name of Pelson or Orgauization_ As requirrd by wriv= cr,., uc% but only for the dr= period spexi5ed in ibe conn= If a Buse period is not specified or ifrequked by permir*athc obGgatn to provide such isz� ends upon the compledon and scepcwca of your work. (If no ==y apQ=rs above, kdcrmmoa rnquircd TM rozzplsta this cndzrS== Brill be shaven in the Declanxions as applicable to this end- WHO nd WHO IS AN INSURED (Section Ip is arrmcndr-d w utehtde as an iusurod the parson or arganizEnion shcwn it the Schedule, btn only with respect to liabr-liW wising out of "your work' for tlu-i insmed by or far ym The insurance provided by this endorsement does act apply to the persue or arganizarlioa qualifying as an additional assured under this endorsement should liabi3.ity for any c7f.a3m or "suit" be caused by the sole negltgence of that person or organization_ This insurance vill not apply to slab: ity you assume uud.er a written cautract or vr:ir-te:n agreement which is an "insured contract" for projects completed 13-y or for you prior to the inception of this policy. If you Bra required by a uTirrea contract to provide primary insurance, then this policy small be primary sad not contributory zrith any other insurance availablq to the additloaal insured named in the schedule above. Form CG 0001 Commercial General Liability Coverage Fo= (but only Section IV, paragraph 4, sub -paragraph b) is amended accordingly and shall not apply with respect to coverage provided for the Addlrional Insured named above in the schedule. The City of San Rafael, its officers, agents and employees are named as Additional Insureds. CG tD 1011 85 Copyright, Insurance scrvice, Otfice, inc., 1084 page i of 1 ❑ �yciyt�2. Friday, October 26, 2001 Meherdad Namiranian, Associated Engineer City of San Rafael Department of Public Works 1400 Fifth Avenue P. O. Box 151560 San Rafael, California 94915-1560 Re: East San Rafael Improvement Project (Phase IIB) Project No. 046 4610 754 8000 Sub: Insurance Deductibles Dear Mr. Namiranian, RECEIVED OCT 2 9 tool CITY OF SAN RAFAEL In response to your request in letter dated October 25, 2001, Bauman Landscape Inc. is responsible for the deductibles indicated by our Certificate of Insurance. If I may be of further assistance to you regarding this issue, please do not hesitate to contact me. Sincerely, Michael P. Baumav resident Mpb/km 115 Brookside Drive Richmond, CA 94801 (510) 236-1212 Fax: (510) 236-1680 An Equal Opportunity Employer 31 *71.7 10100X N13 X.110•(1031