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HomeMy WebLinkAboutAgr 2005-06-13 (J.A. Gonzalves & Sons, Inc.) TOWN OF TIBURON TIBURON, CALIFORNIA '1 OWNER-CONTRACTOR AGREEMENT FOR THE TRESTLE GLEN PEDESTRIAN P ATHW A Y PHASE I PROJECT TillS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this '3 'T'J.{ ~yof .:ru N E , 2005, by and between the TOWN OF TffiURON, municipal corporation, 1505 Tibliron Boulevard, Tiburon, CA 94920, ("Owner") and.:r:A. Got.lSAJ..vES -t -SON I :eN ~. ("Contractor"), whose principal place of business is Ilot.> SoSCbL. F~J2.R'1' ~. I SUITE ~, NA'A 1 (!'A 9-+55"9 . . In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defmed) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the Trestle Glen Pedestrian Pathway Phase I Project ("Project") located in Tiburon, California more particularly described in Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE IT PAYMENT Attention is directed to Section 5-1.8 of the Contract Documents. ARTICLE ill TIME FOR PERFORMANCE Section 3.1 Time of Completion: Attention is directed to Section 8-1.06 of the Standard Specifications and Section 4 of the Contract Documents Section 3.2 Liquidated Damages: Attention is directed to Section 8-1.07 of the Standard Specifications and Section 4 of the Contract Documents. ARTICLE IV PREV AILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Attention is directed to Section 7-1.01 A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code 91775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require eveI)' employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or pr:oposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE vrn EXlllBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B Exhibit C The Site Contract Documents Contract Prices IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: TOWN OF TffiURON By ~~~ Town Attorney By h A-G-o II ~GLl v.o-s By '-P.€ S (de "\ +~ Contractor's License No. l.o 1 (c, ( (0 lc Expiration Date: 8/'--3 t 10 S-- \ \ \ EXHIBIT A The Site The public right-of-way located in the Town of Tiburon, California known as: Trestle Glen Boulevard (between Tiburon Boulevard and Hacienda Drive) FROM FAX NO. E)(1-1 (8 IT c... Apr. 05 2005 09:55AM P4 Uen, U~m :'Description Unit Est. Qty >- 't!~nlt':.r~e::{~ !::i:::.: ": Total No. (;odcW I:, :\/:,'.:: - 1 10-1.05 Mohlli7,JlUOn I..S. Job 2/71/"'1 I':~ ,,(';:,,' /3..;1) ,- ~'- 2 lO~1.06 Traffic Control and Consttuction Area Signs - 3 10-1.08 Cle8rin~ and Grubbingrrrimming Rnd Pruning L.S. .10) ,I .- '., ..:r . ,,;" ::.' , a. Clew'jnglg"ubbing for d.g. pathway y segments A, B L.S. .Ioh J ()Ir~ ~,.-y. y,,\ h. Clear'lng/grubbing for tiC pathway y segment C L.S. .lob 1'-/,)/"r :> ~r)-:"?n l~, Pruning - segments A, 11, Ilnd C L.S. Job .:: 7;;2 I ...., c::-7 ''') Su,b~Tolal (3" iltt~ugl, 3,~J '....t 4 10-1.09 Earthwork H. Pathway cut, segment A and B (40 C.Y,) y inc!. grade chk. LoS. Job :J-.7 \1'"') J.....7 "\ '?'J b. Ontding/compaction of d.Jl.. subgrade - segmi:n~ At B L.S. Job l~W .2... 17Y:> e. Grading/comPllction of l1SphaU sllbgrado . segment C L.S. Job I ...~_ '-I <.-OD '-f'- / V) SIl.h--To,al..(4a ili;,ollKh 4el ~ '. .' . . I.' ,,' ,'':''', ' , -,'. . .. , . . '. . .'. ..!'e~ . , " , 5 10-1. J 0 Asphalt. Pavin2 and Rehabilitation ~ Segment C . . , , ~ " ' u. New pavine - Be nl.\vinn for 4-f'OOl pathwl;lY 3" thick ~.F. 1,420 7 '-fO h. Repaving - milling/grinding to 3"tclcaning, tack coat, fabric, ac Sy, 1,800 6 /Q~YJ c. ernek. ~enl.l im.:lllding preparation and cleaning (255 L.F.) S.F. t ,S:lO ;l'rd Li J ~(/ d. Seal coat, including prep.lcleaning (combined al'ea~) S.F. 4,750 JAq 12.7 -) '9'.J Sub-lotal (Sa through 5dJ ~ 6 10.1.13 Decomposed Granite PaU''''HY a 4' Slllbili:r.ed u.g. path - !ll:~gmt~nt A b. 4' stabilized d.g. path - !\egment n L.P. 200 2~ ),L2:;v') " . 'Su.b-TotluIoa i1irou~, 7 10-1.11 Concrete a. CUI'b cut and raMp~ - CAL TRANS Typc RSP A88A Ea.ch 2 ~'/OJ ,~ b. 4' Marin County Type B ~idewalk - Segment A S.l<". gO i< 1.1..0/) c. 4' MaJ'in COllnty Type B sidewalk. Segment 13 S.F. 100 I~ I s7~~ l1. 4' Marin County Type 1::i !\idewalk - Segment C S.F. IOU i~ is-C;YJ Sub~Total.(7i1 thruug" 7dr ~ ' ' J', nw.., . ' :' " ,:, . ~R' 8 10-1.12 INew Marin County TYI>c C Wood RetainmR Wall- SeiflDent A u. 21lx TZ"-ptf, 4x4 po~t~ L.F. 24 ':, ~/") b. 211x 2411 ptf, 41<4 posts 1.,.1'. 24 71,- iV.>? c. 2"x 30" pUt 4x6 pmd.:i L.F. 33 :f{~ .2 q /Jc../ d. 2"x 6ft ptf lasminA wi 2x4 PORts I"F. 300 ", t-tl h~m $ubwl(jta/.(Segh'futi.J:']ja 7/irough 8d} :." 'j. ,'., , . .Io,!.::, - ' . '",''' , , ....." 9 10-1.12 New TypeCW ond I~ctatning Wall- Se~meDt 1f a. 2"x 6" ptf laggltlg wI 2x4 pos~ L.F. 400 ~-~-. t~" . 7) , 10 10-1.12 Nc,,' TY(ll~ C Wood Retainlne Wall u Segment C (18+90 tu 21 +40, 2S0') a. 2"x 8" ptf wI (ixCi pORts L.F. 185 6'~ 1;"'0.1 ~ :h.L x 1:4' pli'W/6xoPosts L.t". 6~ , J I 10-1.12 Wal1l~econ~trucUC)n/RefJh'ccmcnt - Seement C (16+50 ~.o 18+90,240') a. 2" X R" f'lLt"wl 6x6 posts L.F. 50 ~n 4a;D b. 2"x 12ft ptfwl 6xn po~t8 L.F. 90 I/) b3co c, 2"x 18'/ ptJ w/6x6 posts L.F. JOO tfiV ~Om . 7l"v;;ro/iif(!/I!l!melll CcllJi~ 7Q1i; llii:tlirtlul!h llC~ 12 10-1.15 Painting And StriPin2 . ~ . '. fl. Cl'oss-walk striping Each 3 ~' ~ b. Re....tl'lne eugelincs along 'l'l'e~tle Glen 1..1". 1,040 ~~ :L~ 'J ACJ " Slib-Total:(T2a,through 12b) . ,'. ..- (,' <g <7. ;r....u. , ,'~:, Trestle Glen l~cdcstrian PathWlIY Phase 1 Rid Schedule Page 1 of 2 FROM FRX NO. Rpr. 05 2005 09:55RM P5 A2 10-1.10 Asphalt Berm IIlstallat10n a. 4" At: berm ii.om 18+70 to 21+70 - segment C h. 4" AC erm alon Sc lent D Add Alternates Trestle Glen Pedestrian Pathwa Descl;iptloh Item Item No. Codc~ AI10-1.12 Ai'SulJ- 10JaJ AJ 10-1.14 1\4 10~1.09 A~ 10-1.13 .Section of Special Provisions Contractor should verify Engineers estimates of quantity for bidding purposes. Contract Award: The award of contract, if awarded, will be to the lowest responsible bidder for the Base Bid, or the BasB Bid and Add Alternates as selected b the Town and at the sole discretion of the Town of Tiburon Page 2 of 2 TOWN OF TIBURON SAMPLE PAYMENT BOND (Section 3247, Civil Code) WHEREAS, The T own of Tiburon , acting by and through the public Works Department, hereafter referred to as "Obligee", has awarded to Contractor , hereafter designated as the "Principal", a contract for the work described as follows: AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material, men and other persons as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of dollars ($ ), for which payment, we bind ourselves, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise T ax Board for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney's fee to fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Dated: ,20_ Correspondence or claims relating to this bond should be sent to the surety at the following address: Principal Surety (SEAL) By: Attorney-in-Fact NOTE: Signatures of those executing for the surety must be properly acknowledged. CERTIFICATE OF ACKNOWLEDGEMENT State of California Town / County of SS On this day of , personally appeared in the year 20 _ before me , personally known to Attorney-in-fact me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in- fact. (SEAL) Notary public TOWN OF TIBURON SAMPLE PERFORMANCE BOND (T 0 Accompany Contract) Bond No. WHEREAS, the Town of Tiburon, acting by and through the Department of public Works, has awarded to Contractor , hereafter designated as the "Contractor", a contract for the work described as follows: AND WHEREAS I the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof: NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the T own of Tiburon in the sum of $ dollars ($ ), to be paid to said Town or its certain attomey, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the T own of Tiburon, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in ftJJ force and virtue. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of ,20_. Correspondence or claims relating to this bond should be sent to the surety at the following address: Contractor Name of Surety (SEAL) By: Attomey-in-Fact NOTE: Signatures of those executing for the surety must be properly acknowledged. CERTIFICATE OF ACKNOWLEDGEMENT State of California, Town of Tiburon On this day of in the year 20 _ before me , a notary public in and for the T own of Tiburon, , known to me to be the person personally appeared whose Attorney-in-fact name is subscribed to this instrument and known to me to be the attorney-in-fact of and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact. (SEAL) Notary public Bond # 08418348 Fidelity and Deposit Company HOlliE OFFICE OF MARYLAND BA.LTlMORE, MD. 2120J Fait"'.' Pe..,o.....aoce BOOd l.uJ"J(~ Work kNOW ALL MEN By THESE PRESENTS: (The premium charged on this bood is $_ J...JiQ3.. .c>-Q-:-o'O:-::....:'-::-o.IJeing at the rate of $--- - - ---- -- -- ...___ ""_... per thousand of the COntract price) WHliREAS. the said PrincipaJ is required under the terms of said Contract to furnish a bond (or the (aithful performance of said contract. S l C... l'r. d . t I d April 21 =- 2005 . h ... tate 0 .a hOrn'a, entere mto a Contrac" (ate ......... ......----......_...... ......_ _ ......_..._ _... ...___..._..._..._ _... ...0'_..._ _....... WIt ......~:~:..._~~~~~-~~~~-~......~?~......~~~~~~...~~~?~!..._~~~:..._--_..._-......-...---...-......-...-......--...-...-....-...............--...-...---...- -- - - - ----...... - - ---- "'-...-- -...... -......- - - - - - - - - - - -- - --- - - -- -- ---- -hereinafter designated as the "Principal." (or the work described as follows: _..._ _ _'. __. __ _ ____ __ _....... _ _ ____ _... "'_..._ _ _____ __ __ __ _......_... _...... __"'_... __ _... - ......!::.:'-~~~ - 9!.e...~ - ~~~-':. ~ ~:!...ar'. _ ~~_t_h.~~{' _ !'_h.,,:,!~ -...I... _~':~ te_,,- ~ _ _ _ _ _ __ _ _ _... __ _...... _ _... _... _...... _...... _ _. _ _... _ __ ----...-.........----......-...-..................-...---...............-"...-...-......-......-......"......-...---......---...--......-...--...--......---...-...-......--...-...; and -.........-..................---.........----.........-............-......---...........................----............-...-...---...---......--............-...-...-...............-..................-............... . Town of Tiburon T1l.n. WHEREAS. the..._...__ _ __...... __ ......_............_...... _........._......... _... _... __............ _...__ _...... _ _..._...... __... _ _...___...... _....... _ _. ____ TilE CONDITION 0.. TlIIs OBLIGATION Is SUCII. That. if the above bounden Principal, his Or its heirs, executors, administrators, sUCCessors or assigns. shall in all things stand to and abide by, and well and truJy keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, On his Or their part. to be kept and performed at the time and in the manner therein specilied, and in a II respects according to their true in tent and meaning, and shall indemnify and save harmJess the...... _ ......_ - 0 ... _... .:~~_ _~:... :r!_~~~~~........... ......_ _............... ..._..._..._....... ............_.. _ ............ ...__......... ......_......_ "'___... "'_... __ , its officers and agents, as therein stipuJated, then this obligation sJlall become null and void; otherwise it shall be and remain in (ull force and virtue. Now, THEREFORE. We. the Principal. and FIDEI.ITY AND DEPOSIT COMPANY OF MARYLAND. a Corpora_ tion organized and existing under the Jaws o( the State of MarYland, and duly authorized to transact bUsiness under the Jaws of the State o( California. as Su re ty, are held and firrnJy bound unto... '!'!'~ ... q f... l...i,.!!.,!!,!,!\._ _ ... ... ... ...O~: ... !I...~~~ ::~ ...~ ~,,~ ...t}'...:~ ~~... - ~~()?."-''.''.~ _ ?...i..x. ...l!?~d_r,:~... ~ ~".': ~Y... ...'!.".~ _ g...O!. ! gQ... ?.~ ~~a.r..."- _ _ ... ... ...... _... _ ... in the penal Sum of......_...... -... ............ -......... -... -...... - -... -... -_.... ..._............ _...... ___.................. _ _..._ ...Dollars ($_1 JI-6.'...~~9~....s.Q.::), '",y(ul money o( the United States. (or the payment o( which SUm well and trUly to be made, We bind au..... selves. OUr lleirs, executors. administrators, and successo..s. jointly and severally, firmly by these present.. And the said Surety, for valUe received, hereby stipuJates and agrees that no change, extension of time, alteration 0" addition to the terms o( the contract Or to the Work to be performed thereunder or the sPecilica_ tions accompanYing the same shall in any wise affect its obligations on this bond, and it does he..eby waive lotice of any such change. extension of time, aJtera tion Or addi tion to the terms o( the can tract or to the Work l:r to the specifications. IN WITNl!SS WHliREOF, We llave he..eunto set OUr hands and seals this... ...:~:~..._... _......_ _... _..._..."" _____..._ IY of... ---}f'lY -"'-... ...-......... _ ...__ _............ _ ......-lac ...2005 1'/ !:...~ ~ ... .G.?...,>>_ ~.:.~ _ .!'...OI! _ 9~~s t i"UC ': ion "r_ Power of Attorney FiDELITY AND DEFOSiT COMPANY OF MARYLAND :K.NOW ALL iYIENBY THESE PRESENTS: That the FIDELITY AND DEPOSIT COlVlP.ANY OF :MARYLAl\fD, a corporation ofllie State oilvlaryland, by PAUL C. ROGERS, Vice President, and T. E. SlVilTH, Assistant Secretary, in p~s~ance ?fuuthorit:.,r granted ~y ~~"'ii~le .'11~ Se:tion 2, ~f~e By-Laws of s~id C~mpany, w~~,set tanh Q~ the reverse sIde hereof and are hereby certified to be m full torce and effect on the date her~~ d~s(~'mmate, consntute and 3.p"omt Pamela Schalk CHANTER, of Santa Rosa. California. its trup....am:i:ij:~:ful 'Ia:~and .~ i1Ptrvf1iev-in-Facr. to make. . r ' - __"1\ II I \ II ,,~..... _ r::-i,_., .. . . execute, seal and deliver, for, and on its behalf as surety, and '., \..... g~:"""~" '..~d undertakings, each in a penalty not to exceed the sum of TWO _ ;:), ' ..... ~ . DOLLARS ($2,500,000) an~ the ~xecurion of su.ch bonds or ~~~s ~ ,-,.w ce 9.~~:M~~ 3ha be as b~ding upon said C?mpany, ~s fully ana amply, to all mte~ ~~~~ ffi~.. ~ I~~~Y ~~cutetl and aclmowleaged by the regularly eleCted officers of the comn~-" d ~~ 'itt'B~ ......., .~ own proper persons. The said .Assistant . 9~~ t the extract set forth on the reverse side hereof is a true copy of i\rtiCle VI, Section 2, of the By- . ) ~C~hY, and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY A.ND DEPOSIT COMP.A.l.'fY OF MARYLA.l'ID, this 8th. day of May, A.D. 2003 . ATTEST: FIDELITY AND DE?OSIT CCMP ANY OF MARYLAND UC'(v~ By: A..ssisrant Secretary Paul C. Rogers ~ T. E. Smith Vice President State:ofMaryland 1 S5: City afBaitimore J On this 8th day ofrvIay, A..D. 2003, before the subscriber, a Notary Public of the State ofMarylan~ duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY. OF :M.ARi'L.A.ND, to me personally mown 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 COIporation. IN' TESTIMONY WHEREOF, I have hereunto set my hand and. affixed my Official Seal the day and year first above written. ~.~~t--\q Sandra Lynn iv/ooney NotalY Public My Commission Expires: January 1,2004 POA-F 016-4280A E.,X7RACT FROM BY-LAWS OF F;DELlTY AND DEPOSiT COMPANY OF MARYLAND ".Arti.cle'iT!, Section 2. The C'.aairma.n ofllie Board, or the President, or any Executive Vice-President, or any of the Senior "'vice-Presidents aT Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, :ihall have power, by and with the canCUII'ence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the. business of the Company may requiJ:e, or to 3.uthorize any person or persona to execute on behalf of the Company any-bonda, undertaking, recognizances, stipulations, ~olicies, con.traCtE~ agreements, deeds, and releases and assigninents of judgements, decrees, mongages and instruments in the nature of :norcgages,...and to affix the -seal of +.he Company thereto." CERTIFiCATE I, the undeIsigned, ~4..ssistant Secremry of-the FIDELTf Ai"\ffi DEPOSIT CO~ ANY OF lvIARYL.Al"\TD, do hereby certify that the foregoing Power of Attomey is still in full tOTce and effect an the date of this cert:ificate; and I do furthex cenify tllat the Vice-President who executed the said-Power af Attomey was one aillie additioml Vice.Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMJ?AJ.'N OF1v1AJlYLAJ.\ID. This Power of Attomey and Certificate may be signed by facsimile under and by authority ofth.e rollowing resolution afme Board oiDirectors of the FIDELITY.AND DEPOSIT COl\1J.l..~\fY OF M.ARY"'~\ND at a meeting duly called and held an the lQth day of May, 1990. RESOLV""ED: IIThat the facsimile ar mechanically reproduced seal of the company and facsimile or mechanically reproduced. signature of any Vice-President, Secretary, ar ..4..ssiatant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy af any power of attorney issued by me Company; shall be valid and binding upon the Company with the same torce and offect as though m::1mlal1y affixed. II m TESTThliONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of me said Company, this 26th day of May 2005 -.Il .J ~ r1).!~) C-iG1. /~-'0'---- AUZstllnt Secretary Bond II 08418348 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Faithful Performanee Bond Pul.lit~ Work (The premium charged on this bond is $- J..,JlQ3 ~ VJJ_-::::-=:-:-':-":-:~Tbeing at the rate of $-- - - - __ _ _ __ _ _ _ _ _ _.' _ _ per thousand of the contract price) }{NO\\T ALL l'vIEN BY THESE PRESENTS: ~ Town of Tiburon TILl\. T, '" HEREAS, the_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ------------------------------------------------------------------------------------------.---- S f C IOf 0 d . I d April 21 ~ 2005 . h tate 0 ,a I ortua, entere Into a contract {ate ---------------------------------_____19______, Wit --~:~:_-~~~~~!_~:~-~--~~~-~~-~~~~~-~~~~!_-~~~:_----------------------------------------------- --- ---- _u - - - - - - ----- -- - -- - -- - - - -- - -- __ _ __ __ _ ____ __ _ __ _ _hereinafter designated as the IIPrincipal," for the work described as follows: _ __ _ _ __ _ _ __ _ _ __ _ _ _ _ _ _ __ __ __ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ ___ - __~:~_~_t~~: _ 9!-_e_~ _ ~~:I_e_~~~!!l_~ _ ~~ .!=?_v:~:r _ ~h.~~~ _ J_ -~~~J~_c::. t: _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ __ _ __ ------------------------------------------------+---------------------------------_______; and \VHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now, THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF l\'IARYLAND, a corpora- tion organized and existing under the laws of the State of l\1aryla.nd, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound Ut1to_1:Q~_ _<!t _ JJ.JllJI9!l. _ __ - _ _~~~._ ~~_r:~~~~_ _~~~~~!.-:~~~_ _~~<!~~_a_~~ _~!-~_~~?~_~~~ _ ~_i_~~!y_ _a_~~ _ ?91 ~QQ_ ~_~~!~!_s_. _ _ _ _ _ _ .____ in the penaJ sum oL-----------u------------_____..____u______________Dollars (~L!J-6_,_~?9..!_5_Q_::_), lawful money of the United States, for the payment of which slim well and truly to be made, we bind our- selves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in an things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said co~tract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless - n Town of Tiburon the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ , its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN \VITNESS \VHEREOF. \Ve have hereunto set our hands and seals this_ _~~~~__ _ u _ __ _ _ _ _ _ _._ _ _ _ _ _ __ day of - - - _l1qy - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ We. _ 2005 ~IIJ J_. _A ~ _ ~."_n.? j_s. 3 !' _0_11. _ (;()p-_ S. t rtl ~ _,; i'!111 _ An." ~ _ _ ~ () rl--- Power of Attorney FiDELITY AND DEPOSiT COMPANY OF MARYLAND KNOW ALL j\lfENBY THESE PRESENTS: That the FIDELITY AND DEPOSIT COIvlP.ANY OF IvlARYLAJ."\fD, a corpora.tion of the State of}Aaryland, by PAUL C. ROGERS, Vice President, and T. E. SlvlITH, }....ssistant Secretary, in purs~ance ?f authority granted ?y A..."'ii~le ,'/1: Se:tion 2, of~e By-Laws of s~id C~mpany, w~~. : ", ,set tanh o~ the reverse sIde nereot and are hereby certified to be ill full torce and effect on the date hereot~ d~s(~~h~ate, consnture and ap"oi"t Pamela Schalk CHAJ.'VTER.. of Santa Rosa. California. its true..am:i:if"*ful \a\~amr Ii ~ev-in-Fact. to make. . r "- ~\ \I l \ 1\ "1 ......_ ~tlll.l.~ . . . execute, seal and deliver, for, and on its behalf as smety.., and . ~ \ r gaea:\.o" a~~,~ ~~d undertakings, each in a penalty not to exceed the sum of TWO - ~ ~ DOLLARS ($2,500,000) an~ tl1e ~xecu~on of su.ch bonds or ~~s ~ ,,{ ~~ be p,~~:s1~~ ~ be as b~ding upon said C?mpany, ~s fully ana amplY, to all illte~ ~~~~hi~.. ~ I~~~Y ~Vcuted. and acknowleaged by the regularly elected. officers of the conm~--= a ~:ffide \fr'Ba:;:d :-'\' .~ own proper persons. The said Assistant o~~ ~ . t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- . J ~O~~, and is now in force. IN "WTI'NESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COlVlP.A..l'fY OF MARYLAND, this 8th day of May, A.D. 2003. ATTEST: FiDELITY AND DE?OSIT CCMP ANY OF MARYLAND u:-rv~ By: Assisrant Secretary Paul C. Rogers ~~ T. E. Smith Vice President State:ofMaryland ) sS. City of Baltimore J . On this 8th day ofrvlay, i\.D. 2003, before the subscriber, a Notary Public of the State ofMarylan~ duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. S:MITH, Assistant Secretary of the FIDELITY .AND DEPOSIT COMPANY. OF MARYL.AND, to me personally known to be the individuals and officers described in and who executed ilie preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saim, that they are the said officers of the Cumpany 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' TESTJM:ONY WHEREOF, I have hereunto set my hand and. affixed my Official Seal the day and year first above written. S~~~q Sandra Lynn i'lfooney NotalY Public My Commission Expires: January 1,2004 POA-F 016-4280A aXTRACT FROM BY-LAWS OF F1DEL1TY AND DEPOSiT COMPANY OF MARYLAND \'...~cle 'TL Section 2. The Chairman aillie Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board af Directors or by the Executive Committee, shall have power, by and with the conCUlI'ence af the Secretary ar :my one af the ..A.ssistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and ~.i..ttorneys-m-Fact as the. business of the Company may require, or to authorize any person or persons to exeCU1:e on bBhalf of the Company any'bonda, undertaking, recognizances, stipulations, policies, contracts. agreements, deeds, and releases and lSaigninenm of judgements, decrees, mortgages and m.strumenm in the nature of :JlOItgages,....md to affix the .seal af the Company thereto." CERTIFiCATE I, the undersigned, ...4..ssistant Secrcmry ai-the FIDEUTY Al"\fD DEPOSIT COivfPANY OF IvIARYLAJ."'\ID, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of t1Jis certiii.cate; and I do further certify that the Vice-President who executed the said 'Power of Attomey was one of the additional Vice.Presidents specially authorized by the Board or Directors to appoint any Attomey-in..Pact as provided in .wcle VI, Section 2, of the By-Laws of the FIDELITY A.ND DEPOSIT COM:PAl'N OF 1v1AR.YL\.L\fD. This Power of Attorney and C~rtiiicate may be signed by facsimile under and by authority offue rollowing resolution oime Board oiDirectors oftb.e FIDELITY.AND DEPOSIT C01YlP...~\fY OF :M:..t\R:.rr...'lliD at a me.eting duly called and held on the 1Qth day oiMa-y, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reprod.uced'signatuIe of any Vice-President, Secreniry, or ,Assistant Secremry oithc Company, whether made heretofore or hereafter, wherever appearing upon a centfied copy of any power af attomey issued by tl1e Company, shall be valid and binding upon the Company with the same torce and affect as though. mR"llal1y affixed." rn TESTThAONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal afthe said Company, this 26th day of May 2005 ~ r-J ;{. I' ~ l-/1L/1. /~....,-" Auisranr Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X'd' .c<'.c<'R<'..<:X'.-c<'.<x>(:;<'.c<' ,G(';(:;<>C<',.(:;('..c<:'.-c<'..c<'0'.c<'.-c<'0'-C<'-C<',.(:;('.c<'.-c<',C<>C<'.c<'X:;<'X:;<'.c<'.c<'.<;<',-C{'-c(''<y;C(',c<;Q'kX';C(',C<>C''~ State of California personally appeared }ss. before me, \.(VI~ Sr ,)Nl't"Cl() kb~ 'H M (ic . ~ Name and Title of Officer (e.g., I.Jane Doe, N ary Public") y~ IV\€ \ 0\ ~ h~ \ \c C J'\CA/\'-k'l'- Name(s) of Signer(s) County of ~OY1c'-J m~ d. ~ \~r.L6 Date On ~sonally known to me I--"-~.--""--'" ~ KRISTA SWANSON - . Commission # 1477338 J I -,.. Notary Publtc . California f j. Sonoma County f 'OF 'OF _ ~:o:m~~e~~l~2~8 D proved to me on the basis of satisfactory evidence to be the person(~ whose name(s) is/me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiSLher/t~ir authorized capacity~), and that by his/her/their signature("'So) on the instrument the perso~), or the entity upon behalf of which the person~) acted, executed the instrument. Place Notary Seal Above WITN ESS my hand and official seal. ~i;,21A~\) Signature of Notary Public OPTIONAL Though the information 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: X,:~;..'QV'<X.'Q<;.'Q<;.'<X.~'-Q(.'<X.'-Q(.~'<X.'-Q(.'<X.'<X.'Q<><X.~'<X.'<X.'<X.~'<X.'<X.'Q(.'G<,..~'<X.,%-'C(,'C(,~'<X-,%'<X.~'-Q(.~~~~,:.g<,>Q<,;,~'Q:. @ 2004 National Notary Association' 9350 De Soto Ave" P,O. Box 2402 . Chatsworth, CA 91313-2402 Item No, 5907 Reorder: Call Toll-Free 1-800-876-6827 ALL-PURPOSE ACKNOWLEDGEMENT State of CalifoTIlia County of Napa On May 31, 2005 _ before Ine, (DATE) Joseph A. Gonzalves personally appeared }ss. Nicole M. Wiegers (NOTARY) SIGNER(S} ~ personally known to me - OR - KJ proved to Ine on the basis of satisfactory evidence to be the person~ whose name(~)' is~1'e subscribed to the within instrument and acknowledged to Ine that he/~S' executed the same in his/h~m authorized capacity(XKs), and that by his~N~$r signatures~)()n the instnl1uent the person~), or the entity upon behalf of which the person~) acted, executed the instnnnent. WITNESS lUV hand and official seal. _f11Z / ~(J{~1!u' ~. Wiegers, Notary OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. ~..-..-.__.-...-.__.-...-..-..-. NICOLE M. WIEGERS _@'Commlssion#1498455 ~ i .. Notary PubIc . Calfomla f j ConlIa Colla CounIy I _ _ __ ~:C:":~~~3:.2~ CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D ~ DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER President Performance Bond- Town of Tiburon Trestle Glen Pedestrian Path TITLE OR TYPE OF DOCLJMENT TITLE(S! D PARTNER(S) D ATTORNEY-IN-Et\CT D TRUSTEE(S) D GlJARDIAN/CONSERVATOR D OTHER: One NUMBER OF PAGES May 26, 2005 DATE OF DOClJi'v1ENT N/A OTHER SIGNER IS REPRESENTING: NAJl..lE OF PERSON(S) OR ENTITY(!ES) J. A. Gonsalves & Son Construction, Inc. RIGHT THUMBPRINT OF SIGNER <l> (j; .1:. C 0. .0 E ;;) -s '0 Q ;2 ~ I I I ~ ,\, PA "f()<.) VAT J J~Y..SIERRA. 800-362-3369 Fidelity and Deposit Company HOME OFFICE OF 1\1AR. YLAND BALTIMORE, ft1D. 21203 PAYMENT BOND PUBLIC WORK (Section 3247-3252 inclusive, Civil Code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas Town of Tiburon has awarded to J.A. Gonsalves & Son Construction, Inc. as Principal, a contract for the work described as follows: Trestle Glen Pedestrian Pathway Phase I Prnjpr~ AND WHEREAS, said Principal is required to furnish a bond in connection with sa.id contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the Town of Tiburon in the amount required by law, the sum of One Hundred Ninety-Six Thousand Six Hundred Ninety and ~0/100 Dollars ($ 196,690.50----) for which payment well and truly 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 Principal, his or its heirs, executors, administrators, successors or assigns, or' subcontractors, shall fail to pay any of the persons named in Civil Code Sect ion 3181, or amounts due under the Unemployment '.s Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any of the persons named in Civi 1 Code Sect ion 3181 as to give a right to act ion to such persons or their assigns in any suit brought upon this bond. In ~itness Whereof, We have hereunto set our hand and seals this day of ay . ptjf 200? 26t!1 -- J.A. Gonsalves & Son Construction, Inc. -d rinrin~l Power of Attorney FiDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL NIEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COIYlP i\1'lY OF N1ARYL.Al\ffi, a corporation ofllie State ofMa...yland, by PAUL C. ROGERS, Vice President, and T. E. S:rvIITH, .A...ssistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, w~~ settbr-~ on the reverse side h.ereof and are hereby certified to be in full force and effect on the date hereof. d~s~~ate, constitute and an"roint Pamela Schalk CHANTER.. of Santa Rosa. California. its tIup...am:tif"*ful \a~and A tPtM9Iev-m-Fact. to make. . .. , , '.--1\ \1 \ ) 1\ 1"-.....) :!5"".u... '_ r-::::'i'\-"~ . . . execute, seal and deliver, for, and on its behalf as surety, an~ ---. ..- '-.# :'-"~ a. r ~d undertakings, each in a penalty not to exceed the sum of TWO L . DOLLARS ($2,.500,000) ~d the execution of s~h bonds or und~" s ~~ ~ IshJl be as b~g upon said Company, .as fully and amply, to all mtents ~nd ~hi~.. mm ~ ~y ~Vcured. and aclmowleuged by the regularly electect --. -:~ry\:,!1~ I " I \ 't.JU- officers of the CO~fdl)~~ 'i:trBa:..J' .-.. . ' own proper persons. The said Assistant 'se"~o :t the exttact set forth on the reverse side hereof is a ttue copy of Article VI, Section 2, of the By-~~C any) and is now:in force. IN WTTNESS m:R:E6F', the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the 'said FIDELITY AND DEPOSIT COMP.ANY OF MARYLAND, this 8th day of May, A.D. 2003. ATTEST: FtDEL1TY AND DEPOSIT COMPANY OF MARYLAND o::rv~ By: Assisrant Secretary Paul C. Rogers ~~ T. E. Smith Vice President State..ofIvlaryland l.ss: City of Baltimore j On this 8th day ofJvlay, A.D. 2003, before the subscriber, a Notary Public of the State ofMarylancL duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SNllTH, Assistant Secretary af the FIDELITY AND DEPOSIT COIvIP ANY. OF MARYL.AND, to me personally mown to be the individuals and officers described in and who executed the preceding instrumen.t, and they each acknowledged the execution af the same, and being by me duly swam, 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. rn TESTThtIONY WHEREOF, I have hereunto set my hand and. affixed my Official Seal the day and year first above written. e ~~l.v~~o Sandra Lynn J'llfooney NotalY Public My Commission Expires: January 1, 2004 POA-F 016-4280A ~TIRACT FROM 8Y-UW5 OF FiCEL1TY AND DEPOSiT COMPANY OF MARYLAND '\\rticle'lI, Section 2. The Chairman afille Board, or the President, or any Executive Vice-President, or any of the Senior -'lice-Presidents or Vice-PresidentS specially authorized so to do by the Board of Directors or by the Executive Committee, s.hall have power, by and with the conCUII'ence ar the Secretary ar anyone of the A.ssistant Secretaries, to a.ppoint Resident Vice-P:-esidents, ASSIstant Vice-Presidents a.nd Attorneys-in-Fact as the. business of the Company may require, or to luthorize any person or persons to execute an behalf of the Company any-bonds, undertaking, recognizances, stipulations, ~olicies, contracts. agreemeni:s, deeds, and releases and assigninents of judgements, decrees, mortgages and mattuments in the mmre of mongages,...and to affix the .::leal of the CC'IIlpany thereto." CERT!FlCATE I, the undersigned, .l-\'ssistant Secretary af-the FIDEL.TI AL'\ffi DEPOSIT COrvlP _L\NY OF MAR~1LAl"\fD, do hereby certify that me foregoing Power of Attorney is still :in full force and effect an the date of this certi.:fi.cate; and I do further ccrriiy that the Vicc4President who execuIed the said .Power of Attomey was one of the additional Vice-Presidents specially amhorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMP.A.I.'N OF1vfARYL.AND. This Power of Attomey and Certificate may be signed by facsimile under and by authority afllie following resolution of the Board of Dire crors oftb.e FIDELITY _AND DEPOSIT CON1P..~W OF MA.R:iL~"\ffi at a IDe.eUng duly called and held on the 10th day oiMa-y, 1990. RESOL \lED: "That the facsimile or mech.anically reproduced seal of ilic company and facsimile or mechanically reproduced'signature of any Vice-President, Secretary, or Assistant SecretartJ of the Company, whether made heretotbre ar hereafter, wherevex appearing upon a cenilied copy of any power of attomey issued by the Company; shall be valid and binding upon the Company with the same torce and affect as though manually aftixed." ThT TESTThAONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 26th day of May 2005 Gfd~ dwtanr Secretary \ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X' d'-C<'"t;(,>cc-C<',(x~..c<'X5<'-C<'KX'-O('K;('d'J.:::('-O('..c<>(:;<'..c<'^Y>c<:-,(j(' ,c<',c<'-C<'-<X'X5<'..c<'x5<'d'J.:::<'dx:;(',G('--C{'J:Y',G(' -C<'-O('J:Y'..c<'J:Y'..c<',.c<',Q: State of California County of ~tm(). On lY\~ ';)~("Ol; . before me, Date <lJ Name and Title of Officer (e.g., "Jane Doe, Nota personally appeared \C"-/\Ae tv-' ~kc.J\L ~ll"\U f\+er- Name(s) of Signer(s) J"'-""---"'--.lIl'" KRISTA SWANSON -@ Commission # 1477338 ~ I -,,; Notary PublIc - California f j. Sonoma County f ,... _ _ ~~~~e~~1~2~ Place Notary Seal Above ~OnallY known to me D proved to me on the basis of satisfactory evidence to be the person($.) whose nam$) is/a~ subscribed to the within instrument and acknowledged to me that 'l\e/she/t~ executed the same in h'k;;/her/th8jr authorized capacity(i&s), and that by his/her/th~r signature~ on the instrument the person(S), or the entity upon behalf of which the person(a) acted, executed the instrument. WITN ESS my hand and official seal. 4{~~ ~A~~Ii' OPTIONAL Though the information 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: &'G<:-'<X-'<X-'Q<;,'G<:-'Q<;.'Q(,'Q<;,~'<X-'Q(,'Q(,'<X-'Q<;,'Q(,'Q(,'Q<;,'Q<;,'Q<;,'<X-~~'Q<;,~~~'Q(.j.'<X-'Q(,~'Q(,~'<?,(.."C<;.~'<X.~~^G(,~~~'G<,''G<:Q~ Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: @2004 National Notary Association' 9350 De 80to Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Napa On May 31, 2005 _____ before lne, (DATE) Joseph A. Gonzalves personally appeared ~ personally known to me - OR - J&-~---~--- . NICOlE M. WIEGERS $ @ Commlulon # 1498455 F ! -~ Notary PublIc . CalfomJa j j Cordra CooIa Cowlty f _ _ ,.. ~~":~~3:2~ }ss. Nicole M. Wiegers (N01ARYl SIGNER(S) KJ proved to lne on the basis of satisfactory evidence to be the person~ whose name(~~ is~~ subscribed to the within instnnnent and acknowledged to Ille that he/~S'executed the same in his/h~m authorized capacity(~), and that by his~H~lr signatures~)()n the instnnnent the person~), or the entity upon behalf of which the person~) acted, executed the instrull1ent. WITNESS IllY hand and official seal. icole M. Wiegers, Nota OPTIONAL INFORMATION )Jl. The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) o INDIVIDUAL ~ CORPORATE OFFICER President TITLE(S) o PARTNER(S) o ATTORNEY-IN-FACT o TRUSTEE(S) o GLJARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lESj 1. A. Gonsalves & Son Construction, Inc. DESCRIPTION OF ATTACHED DOCUMENT Payment Bond- Town of Tiburon Trestle Gle., Pedestrian Path TITLE OR TYPE OF DOCUMENT One --------...--..-...__._0__-_-- NUM.BER OF PAGES May 26, 2005 D..\TE OF DOCUMENT N/A OTHER RIGHT THUMBPRINT OF SIGNER ~ I ~ I ~ I t ~' E '0 0. ~------ APA "i{l.)() VALLI.::Y-SIERRA. 800-362-3369