HomeMy WebLinkAboutRES 02-163 RESOLUTION NO. 02-163
WHEREAS, bids were received for improvements to McLean and Roberts Parks;
and,
WHEREAS, Little Tykes Commercial Play Systems, Inc. c/o All Play, Inc., Houston,
Texas, submitted a bid in the amount of $327,278 for furnishing all labor, materials,
equipment and tools necessary for improvements to McLean and Roberts Parks; and,
WHEREAS, City Council is of the opinion that the bid submitted by Little Tykes
Commercial Play Systems, Inc., c/o All Play, Inc. should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Little Tykes Commercial Systems, Inc., c/o All Play, Inc., in the
amount of$327,278 for furnishing all labor, materials, equipment and tools necessary for
improvements to McLean and Roberts Parks be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23d day of July,
2002.
- Mayor Evelyn M. Lord -
79INTER-OFFICE MEMORANDUM
t1f
A K City of Beaumont,Texas
Purchasing Division
Date: August 9, 2002
To: Susan Henderson, City Clerk
From: Gretchen Feverjean, Purchasing Assistant
Subject: McLean Park and Roberts Park
COMMENTS
Attached is the agreement for the improvements to McLean Park and Roberts Park.
Please file with Resolution No. 02-163.
C11TY CLFR,tljS 0FF10E
AGREEMENT
THIS AGREEMENT made this 31 day of Jules in the year 20 02 , by and between The City of
Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner,
and Little Tikes Commercial Play Systems, Inc. c/o All Play. Inc. hereinafter designated as the
CONTRACTOR.
The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the Owner's
Contract Documents entitled:
Improvements to McLean Park and Roberts Park
The Work is generally described as follows: improvements to McLean Park and Roberts Park.
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed in 150 calendar days.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2,herein,plus
any extensions thereof allowed in accordance with Article 4 of the General Conditions. They also recognize
the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by
the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the
Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor
shall pay the Owner the sum of$100.00 for each calendar day that expires after the time specified in this
Article 2, herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid
Forms (Bid, Bid Schedule(s) and Bid Summary), Bid Bond, Corporate Resolution, Information Required
of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment,
MBE Schedule C, Schedule of Prevailing Local Wage Rates, General Conditions of the Contract,
Supplementary General Conditions of the Contract, General Summary of the Work, Technical
Specifications, Special Specifications, Drawings listed in the Schedule of Drawings in the Supplementary
General Conditions of the Contract, General Notes, Addenda Number 1 to - , inclusive, and all
34
Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the
Agreement and are not attached hereto. Documents which will become part of these Contract Documents
subsequent to Award consist of: Notice of Award, Certificates of Insurance, Evidence of Workers
Compensation coverage, Surety's Powers of Attorney (to accompany the executed Performance and
Payment Bonds) and Notice to Proceed.
Addendum to original specifications includes Davis-Bacon wage rates.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in accordance with Article 5 of the General Conditions of Agreement.
ARTICLE 6. NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed
to have been validly given if delivered in person to the individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage
prepaid, to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
Terms used in this Agreement which are defined in Article I of the General Conditions and Supplementary
General Conditions will have the meanings indicated in said General Conditions and Supplementary General
Conditions.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding
on another party hereto without the written consent of the party sought to be bound; and specifically but
without limitation monies that may become due and monies that are due may not be assigned without such
consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF BEAUMONT
Little Tikes Commercial Play Systems,
STATE OF TEXAS Inc. c/o All Play, Inc.
ontractor
$ w By:" °-._--Princi al Agent
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� � Title
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Attest: '
d URS5."� f Secretary
(Affix Corporate Seal)
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WAIS Document Retrieval Page 1 of 3
GENERAL DECISION TX020104 03/01/2002 TX104
Date: March 1, 2002
General Decision Number TX020104
Superseded General Decision No. TX010104
State: TEXAS
Construction Type:
HEAVY
County(ies) :
HARDIN JEFFERSON ORANGE
HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines and
Excluding Industrial and Processing Plants, and Refineries)
Modification Number Publication Date
0 03/01/2002
COUNTY(ies) :
HARDIN JEFFERSON ORANGE
ELEC0479C 08/31/2000
Rates Fringes
ELECTRICIANS 20.42 5.45+30
SUTX2006A 02/11/2000
Rates Fringes
CARPENTER
Form Building/Form Setting 13.15
All Other Work 13.56
CONCRETE FINISHER 13.50
LABORER
Common 7.41
Pipelayer 8.29
PAINTER
Spray and Brush 12.07
PILEDRIVERMAN 13.65
PLUMBER 18.28 4.69
POWER EQUIPMENT OPERATORS:
Backhoe 15.55 1.89
Bulldozer 15.00
Crane 13.77
Front End Loader 10.63
Trackhoe 15.60
TRUCK DRIVER
Dump 10.00
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX020104 7/26/02
Bond No, 6133785
MILLENNIUM CORPORATE PARK
AIA Document A312 BLDG.C
18400 NE UNION HILL ROAD
Performance Bond REDMOND,WA 98052
Conforms with the American Institute of Architects,AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Little Tikes Commercial Play Systems,Inc. GENERAL INSURANCE COMPANY OF AMERICA
One Iron Mountain Drive, Safeco Plaza
Farmington,MO 63640 Seattle,WA 98185
OWNER(Name and Address):
City of Beaumont
801 Main Street,
Beaumont,TX 77701
CONSTRUCTION CONTRACT
Date: July 9,2002
Amount: $207,946.00
Description(Name and Location):
Supply and Install Playground Equipment at McLean Park and Roberts Park
BOND
Date(Not earlier than Construction Contract Date): July 10,2002
Amount: $207,946.00
Modifications to this Bond: X None
❑ See Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: Litt'.e Tikes Commercial Play (Corporate Seal) Company: GENERAL INSURANCE (Corporate Seal)
Systems,Inc. COMPANY OF AMERICA
Si nature: -- (( , 6
g I'� �t�:'z n �j � ,Signature:
Name and Title: Name and Title:Alice V.Halter,Attorney-in-Fact
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY-Name,Address and OWNER'S REPRESENTATIVE (Architect, Engineer or other
Telephone)AGENT or BROKER: party):
Marsh USA Inc.,200 Public Square,Suite 1100,Cleveland,OH
44114 (216)937-1700
1 The Contractor and the Surety,jointly and severally, bind themselves, perform the Construction Contract, but such an agreement shall
their heirs, executors, administrators, successors and assigns to the Owner not waive the Owner's right, if any, subsequently to declare a
for the performance of the Construction Contract, which is incorporated Contractor Default;and
herein by reference. 3.2 The Owner has declared a Contractor Default and formally
2 If the Contractor performs the Construction Contract, the Surety and terminated the Contractor's right to complete the contract. Such
the Contractor shall have no obligation under this Bond, except to Contractor Default shall not be declared earlier than twenty days
participate in conferences as provided in Subparagraph 3.1. after the Contractor and the Surety have received notice as
3 If there is no Owner Default, the Surety's obligation under this Bond provided in Subparagraph 3.1;and
shall arise after: 3.3 The Owner has agreed to pay the Balance of the Contract
3.1 The Owner has notified the Contractor and the Surety at its Price to the Surety in accordance with the terms of the
address described in Paragraph 10 below that the Owner is considering Construction Contract or to a contractor selected to perform the
declaring a Contractor Default and has requested and attempted to Construction Contract in accordance with the terms of the
arrange a conference with the Contractor and the Surety to be held not contract with the Owner.
later than fifteen days after receipt of such notice to discuss methods of 4 When the Owner has satisfied the conditions of Paragraph 3, the
performing the Construction Contract. If the Owner, the Contractor and Surety shall promptly and at the Suretys expense take one of the
the Surety agree, the Contractor shall be allowed a reasonable time to following actions:
SURETY 5026(6-92)
S-1852/SAEF 10/99 Page 1 of 2
®Registered trademark of SAFECO Corporation.
4.1 Arrange for the Contractor, with consent of the Owner, to 7 The Surety shall not be liable to the Owner or others for obligations
perform and complete the Construction Contract: or of the Contractor that are unrelated to the Construction Contract, and the
4.2 'Undertake to perform and complete the Construction Contract Balance of the Contract Price shall not be reduced or set off on account of
itself,through its agents or through independent contractors;or 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,
4.3 Obtain bids or negotiated proposals from qualified contractors administrators or successors.
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be 8 The Surety hereby waives notice of any change, including changes of
prepared for execution by the Owner and the contractor selected with time, to the Construction Contract or to related subcontracts, purchase
the Owner's concurrence, to be secured with performance and orders and other obligations.
payment bonds executed by a qualified surety equivalent to the bonds
issued on the Construction Contract,and pay to the Owner the amount 9 Any proceeding, legal or equitable, under this Bond may be
of damages as described in Paragraph 6 in excess of the Balance of the instituted in any court of competent jurisdiction in the location in which
Contract Price incurred by the Owner resulting from the Contractor's the work or part of the work is located and shall be instituted within two
default;or years after Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to
4.4 Waive its right to perform and complete, arrange for completion, perform its obligations under this Bond, whichever occurs first. If the
or obtain a new contractor and with reasonable promptness under the provisions of this Paragraph are void or prohibited by law, the minimum
circumstances: period of limitation available to sureties as a defense in the jurisdiction of
.1 After investigation, determine the amount for which it the suit shall be applicable.
maybe liable to the Owner and, as soon as practicable 10 Notice to the Surety, the Owner or the Contractor shall be mailed or
after the amount is determined, tender payment therefor delivered to the address shown on the signature page.
to the Owner;or
.2 Deny liability in whole or in part and notify the Owner 11 When this Bond has been furnished to comply with a statutory or
citing reasons therefor. other legal requirement in the location where the construction was to be
5 If the Surety does not proceed as provided in Paragraph 4 with performed, any provision in this Bond conflicting with said statutory or
reasonable promptness, the Surety shall be deemed to be in default on this legal requirement shall be deemed deleted herefiom and provisions
Bond fifteen days after receipt of an additional written notice from the conforming to such statutory or other legal requirement shall be deemed
Owner to the Surety demanding that the Surety perform its obligations incorporated herein. The intent is that this Bond shall be construed as a
under this Bond, and the Owner shall be entitled to enforce any remedy statutory bond and not as a common law bond.
available to the Owner. If the Surety proceeds as provided in 12 DEFINITIONS
Subparagraph 4.4, and the Owner refuses the payment tendered or the 12.1 Balance of the Contract Price: The total amount payable by the
Surety has denied liability, in whole or in part, without further notice the Owner to the Contractor under the Construction Contract after all
Owner shall be entitled to enforce any remedy available to the Owner. proper adjustments have been made, including allowance to the
6 After the Owner has terminated the Contractor's right to complete the Contractor of any amounts received or to be received by the Owner
Construction Contract, and if the Surety elects to act under Subparagraph in settlement of insurance or other claims for damages to which the
4.1,4.2, or 4.3, above then the responsibilities of the Surety to the Owner Contractor is entitled, reduced by all valid and proper payments
shall not be greater than those of the Contractor under the Construction made to or on behalf of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be Contract.
greater than those of the Owner under the Construction Contract. To the 12.2 Construction Contract: The agreement between the Owner and
limit of the amount of this Bond,but subject to commitment by the Owner the Contractor identified on the signature page, ;ncluding all
of the Balance of the Contract Price to mitigation of costs and damages on Contract Documents and changes thereto.
the Construction Contract,the Surety is obligated without duplication for: 12.3 Contractor Default: Failure of the Contractor, which has
6.1 The responsibilities of the Contractor for correction of defective neither been remedied nor waived,to perform or otherwise to comply
work and completion of the Construction Contract; with the terms of the Construction Contract.
6.2 Additional legal, design professional and delay costs resulting 12.4 Owner Default: Failure of the Owner, which has neither been
from the Contractor's Default, and resulting from the actions or remedied nor waived, to pay the Contractor as required by the
failure to act of the Surety under Paragraph 4;and Construction Contract or to perform and complete or comply with the
6.3 Liquidated damages, or if no liquidated damages are specified in other terms thereof.
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: N/A Signature: N/A
Name and Title: Name and Title:
Address: Address:
S-1852/SAEF 10/99 Page 2 of 2
SA C C o* POWER SAFECO INSURANCE COMPANY OF AMERICA
1 r G V GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 9600
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each
hereby appoint
*********BERNARD J.CALONGEE;BARBARA A.ROBERTS,Cincinnati,Ohio;AMY M.PERDUE;GREGORY J.MALLON;RACHEL M.DURRER;WILLIAM F.
FAILOR;Columbus,Ohio;MARGARETA.SMITH;ALICE V.HALTER;Cleveland,Ohio*******************:s****:**s s********************ss********s****s
its true and lawful attomey(s)-sin-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed
and attested these presents
this I Ith day of January 1999
.............
R.A.PIERSON,'SECRETARY W:RANDALL STODDAt2D"PRESIDENT::::
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary, and any Assistant Vice President appointed for
that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals:as attorneys-in-fact or under other.appropriate titles
with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of
its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such
authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I, R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power-of Attorney issued pursuant
thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 10th day of July 2002
$ ? MIMM
SEAL y SEAL
Z
to, 3 ��
of w►S of R.A.PIERSON,SECRETARY
S-0974 1SAEF 7198 ®Registered trademark of SAFECO Corporation.
1/11199 PDF
Bond No. 6133785
AIA Document A312
Payment Bond
Conforms with the American Institute of Architects,AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Little Tikes Commercial Play Systems,Inc. GENERAL INSURANCE COMPANY OF AMERICA
One Iron Mountain Drive, Safeco Plaza
Farmington,MO 63640 Seattle,WA 98185
OWNER(Name and Address):
City of Beaumont
801 Main Street,
Beaumont,TX 77701
CONSTRUCTION CONTRACT
Date: July 9,2002
Amount: $207,946.00
Description(Name and Location):
Supply and Install Playground Equipment at McLean Park and Roberts Park
BOND
Date(Not earlier than Construction Contract Date): July 10,2002
Amount: $207,946.00
Modifications to this Bond: X None ❑See Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: Little Tikes Commercial Play (Corporate Seal) Company: GENERAL INSURANCE (Corporate Seal)
Systems,Inc. COMPANY OF AMERICA
Signature: �,}� Ac r a k A, ff r Signature: zL- f! 1V'&'-
Name.and Title: Name and Title: Alice V.Halter,Attorney-in-Fact
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY-Name,Address and OWNER'S REPRESENTATIVE (Architect, Engineer or other
Telephone)AGENT or BROKER: party):
Marsh USA Inc.,200 Public Square,Suite 1100,Cleveland,OH
44114 (216)937-1700
1 The Contractor and the Surety, jointly and severally, bind themselves, 3 With respect to Claimants, this obligation shall be null and void if
their heirs, executors, administrators, successors and assigns to the Owner the Contractor promptly makes payment,directly or indirectly,for all sums
to pay for labor, materials and equipment furnished for use in the due.
performance of the Construction Contract, which is incorporated herein by
reference. 4 The Surety shall have no obligation to Claimants under this Bond
2 With respect to the Owner, this obligation shall be null and void if the until:
Contractor: 4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
2.1 Promptly makes payment, directly or indirectly, for all sums due described in Paragraph 12) and sent a copy, or notice thereof, to
Claimants,and the Owner, stating that a claim is being made under this Bond
2.2 Defends, indemnifies and holds harmless the Owner from claims, and,with substantial accuracy,the amount of the claim.
demands,liens or suits by any person or entity whose claim,demand,lien 4.2 Claimants who do not have a direct contract with the
or suit is for the payment for labor,materials or equipment furnished for Contractor:
use in the performance of the Construction Contract,provided the Owner
has promptly notified the Contractor and the Surety(at the address 1 Have furnished written notice to the Contractor and sent a
described in Paragraph 12) of any claims, demands, liens or suits and copy, or notice thereof, to the Owner, within 90 days after
tendered defense of such claims,demands,liens or suits to the Contractor having last performed labor or last furnished materials or
and the Surety,and provided there is no Owner Default. 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
SURETY 5026(6-92)
S-1853/SAEF 3/00 Page 1 of 2
®Registered trademark of SAFECO Corporation.
.2 - Have either received a rejection in whole or in part from the the work or part of the work is located or after the expiration of one year
Contractor, or not received within 30 days of furnishing the from the date (l) on which the Claimant gave the notice required by
above notice any communication from the Contractor by which Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last labor or service
the Contractor has indicated the claim will be paid directly or was performed by anyone or the last materials or equipment were
indirectly;and furnished by anyone under the Construction Contract, whichever of(l)or
.3 Not having been paid within the above 30 days, have sent a (2) first occurs. If the provisions of this Paragraph are void or prohibited
written notice to the Surety (at the address described in by law, the minimum period of limitation available to sureties as a defense
12 and sent a co in the jurisdiction of the suit shall be applicable.
Paragraph
) 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 12 Notice to the Surety,the Owner or the Contractor shall be mailed or
Contractor. delivered to the address shown on the signature page. Actual receipt of
5 If a notice required by paragraph 4 is given by the Owner to the notice by Surety,the Owner or the Contractor,however accomplished,shall
Contractor or to the Surety,that is sufficient compliance. be sufficient compliance as of the date received at the address shown on the
6 When the Claimant has satisfied the conditions of Paragraph 4, the signature page.
Surety shall promptly and at the Surety's expense take the following 13 When this Bond has been furnished to comply with a statutory or
actions: other legal requirement in the location where the construction was to be
6.1 Send an answer to the Claimant, with a copy to the Owner, Performed, any provision in this Bond conflicting with said statutory or
within 45 days after receipt of the claim, stating the amounts legal requirement shall be deemed deleted herefrom and provisions
that are undisputed and the basis for challenging any amounts conforming to such statutory or other legal requirement shall be deemed
that are disputed. incorporated herein. The intent is that this Bond shall be construed as a
6.2 Pay or arrange for payment of any undisputed amounts. statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential
7 The Surety's total obligation shall not exceed the amount of this Bond, beneficiary of this Bond,the Contractor shall promptly furnish a copy of
and the amount of this Bond shall be credited for any payments made in this Bond or shall permit a copy to be made.
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction 15 DEFINITIONS
Contract shall be used for the performance of the Construction Contract 15.1 Claimant: An individual or entity having a direct contract
and to satisfy claims,if any,under any Construction Performance Bond. By with the Contractor or with a subcontractor of the Contractor to
the Contractor furnishing and the Owner accepting this Bond, they furnish labor, materials or equipment for use in the performance of
agree that all funds earned by the Contractor in the performance of the the Contract. The intent of this Bond shall be to include without
Construction Contract are dedicated to satisfy obligations of the Contractor limitation in the terms "labor, materials or equipment" that part of
and the Surety under this Bond, subject to the Owner's priority to use water,gas, power, light, heat, oil, gasoline, telephone service or
the funds for the completion of the work. rental equipment used in the Construction Contract, architectural
and engineering services required for performance of the work of the
9 The Surety shall not be liable to the Owner, Claimants or others for Contractor and the Contractor's subcontractors, and all other items
obligations of the Contractor that are unrelated to the Construction for which a mechanic's lien may be asserted in the jurisdiction where
Contract. The Owner shall not be liable for payment of any costs or the labor,materials or equipment were furnished.
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to,give notices on behalf of,or otherwise 15.2 Construction Contract: The agreement between the Owner
have obligations to Claimants under this Bond. and the Contractor identified on the signature page, including all
10 The Surety hereby waives notice of any change, including changes of Contract Documents and changes thereto.
time, to the Construction Contract or to related subcontracts, purchase 15.3 Owner Default:Failure of the Owner,which has neither been
orders and other obligations. remedied nor waived, to pay the Contractor as required by the
11 No suit or action shall be commenced by a Claimant under this Bond Construction Contract or to perform and complete or comply with
the other terms thereof.
other than in a court of competent jurisdiction in the location in which
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company (Corporate Seal) Company: (Corporate Seal)
Signature: N/A Signature: N/A
Name and Title: Name and Title:
Address: Address:
S-1853/SAEF 3100 Page 2 of 2
POWER SAFECO INSURANCE COMPANY OF AMERICA
FS C 0„ GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 9600
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each
hereby appoint
*********BERNARD J.CALONGEE;BARBARA A.ROBERTS,Cincinnati,Ohio;AMY M.PERDUE;GREGORY J.MALLON;RACHEL M.DURRER;WILLIAM F.
FAILOR;Columbus,Ohio;MARGARETA.SMITH;ALICE V.HALTER;Cleveland Ohio****************************************•********s*****rs*********
its true and lawful attomey(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed
and attested these presents
this I lth day of January 1999
................................................"
.......... ..................... ............... ..........
R.A.PIERSON,SECRETARY W RANDALL.STODD1�RD;PRESIDENT::::
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary, and any Assistant Vice President appointed for
that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals:as attorneys-in-fad or under otherappropriate titles
with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of
its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such
authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out
(1) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1, R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power:of Attorney issued pursuant
thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 10th day of July 2002
�,CE SCE COMP
G°t'��rE �• �`�1�p �O
Comm
SEAL SEAL
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Of NAS Hof W3S R.A.PIERSON,SECRETARY
S-0974/SAEF 7/98
®Registered trademark of SAFECO Corporation.
1/11/99 PDF