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Home My WebLink AboutAgr 2005-06-01 (North Bay Construction, Inc.) TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE 2005 STREET REHABILITATION PROJECT )~ TillS ~WNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this / day of ,yv...t , 2005, by and between the TOWN OF TffiURON, municipal corporation, 1505 Tiburon Boule rd, Tiburon, CA 94920, ("Owner") and North Bay Construction, Inc. ("Contractor"), whose principal place of business is 431 payran street, Petaluma, CA 94952 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 defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the 2005 Street Rehabilitation Project ("Project") located in Tiburon, California more particularly depicted on 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 II PAYMENT Attention is directed to Section 5-1.8 of the Contract Documents. A-I drYf~ A~ME,.Jl5 - --- t- t Gi=. o -1- ()J~~ k 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 PREVAILING 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 7-1.01A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code ~ 1775, 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 every 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 proposal 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. A-2 ARTICLE VIII EXHffiITS 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 fr/~/~ Town Attorney By CONTRACTOR: B;\JOrth ~..CCr~~S~=~;;~ /--v /L/L- steve'Geney / Its President Inc. Contractor's License No. 357560 Expiration Date: Aug. 2006 A-3 ,.,~.tJ ~~)fJ~~~,Z~~~R~~~~-I The Site l / EXHIBIT A The public rights-of-way located in the Town of Tiburon, California and known as: Round Hill Road - Lyford Drive to end Spring Lane - all Tara Hill Road - all Tara View Road - all Mount Tiburon Road - all Mount Tiburon Court - all A-4 ~ \1 ,'b:, eL. TOWN OF TIBURON 2005 STREET REHABILITATION PROJECT BID PROPOSAL The contractor agrees to accept payment, in full therefore, at the following prices to wit: Bid Schedule A { EST. UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE I 1 Traffic Control and Construction Area 1 LS I .--1 . __I. I Signs --- --~! l_~l__~j___i?} __J~}_____. I-----;nm-~~~i;i~;i~~-;~~;;~-~~~~~~-~~~;m------------n-;--_nn__m~~- ; ~ ~ 1 ;1 S~k~- -------------------------------------------------------------------------------------- -----~-f---~it--- ------:1-;---- -- --~I 3 Asphalt Concrete 2,368 TONS 7 '(';J. !; /7 s' J J q i -------------------------------------------------------------------------------------- ------------------- ----1---/------------ 4 Pulverize In-place Existing AC and 2 943 SY I J ~ !!- Overlay , ~ --11/ ~ S" ~ -------------------------------------------------------------------------------------- ------------------- --------------------- 5 AC Wedge Grind - 6' Wide 4,810 SY 1.' f5 I J 7 Of ' ft -------------------------------------------------------------------------------------- ------------------- ------~------------- 6 AC Conform Grind - 20' Long 437 SY . / I ' tf S' ~ CJO J ' ~ f ---------------------------------------------------------~-------------~-------------- ------------------- -- 7------ --------- 7 AC MiII- 0.125' Depth 1,023 SY If ' Jr.> LI cJ t) # ~ 1____________________________________________________---------------------------------- ------------------- ____J~_5.(___________ 8 AC MiII- 0.17' Depth 9,021 SY 3 . ~o J if J. 7'1 ' {J ---___________________________________________________________________________________ -__________________ ------L______________ I 9. AC Base Repair 14,278 SF -4 -fo ~ 2. 9 ~3 ~ - - - - ~-~ - - - - -~~- ~~~~- - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - ~-~ - - _n _ _ _ _ _ _ ~~ _ _ _ _ _ _ _ _ _ _ -; -~- -~ _ _ _ _1_ - - - - - ~ ~ - -,~ --- - - - - ~- ~"- - - -~~i~~; -~~~~~~~ ;~- ~~~-~~- - - - - - - - -- - - - - - - - - - - - - - - - - ~- - - - -" - - - n -~ - - - - - - - - n ~ -~-;- - ~ - -j" - - - - - ~-~:;,- =- --------------------------------------------------------------------------------------~-------------------I---------------------1 , 12 Adjust SS Cleanout to Grade, 2 EA I "30'0 - I (.Oo - I I---------------~----------------------------------------------------------------------t---~--------------- --------------------- 13 Adjust Monument to Grade 10 EA 2 S" 0 - 2. S- ts 0 - -------------------------------------------------------------------------------------- ------------------- --------------------- Remove Yellow Traffic Stripe and 14 Pavement Marking and Lead Compliance LS _ __ Plan ) 5"00 7 ~ (}tJ I:::: ~:E :'::~:~;:: t~~~:~ ~t~~P~~~i~t):::: ::::::::::::: ~~:~:::::::: :~~::-: r:::~:~:::::: -I: ::: ~ ~:~ ~::: 1 [- _ _ _ ~-~ u n -::~;:~:- :~I;;; :::~:~:~~ ::~:~:~ (~~;~;;_ _ n m _~5;: m__ ___ _:: un j --- -;-; -- m u --I- - - _;;_;_ _: m j 1- - - - ~-~ - - -- - ~~~;~~~ - ~~~;~~- ;~~~~I; ~;~~ ~-~;~~; - - - - - - - - -- - - - ~-; - - - - - - - - - - -~ - - - -j- - -; ~- -;; - - - - - - -j-- - - -; -; -~ -:;: - - - -I - ---- - ------ nn _____un____ ---- n ----- __n___m_un_______ _n -- n~~~~-~;~ -41 J 9 7 ~ i2 f f .-- II vi P-3 TOWN OF TIBURON . _ .PERFO~CEBOND' (To Accompany Contract) . BondNo.1033217~ Premium: $2,291.00 '~t the T 0W1l ofr~, acting by md through the Oq3artm.ent ofl?ublic wete'h,has ~mhlto :Contnlc:tcrNORTH BAY CONSTRUCTION. INC .,hertaftcr~ted1Sthe~ontr.ll.CtOr-t~ommlCtfor 1he wpr~ctibed as Eonawa: 2005 Street Rehabilitation AND" \\'rI1,EP.B~, t:he Ccnaactor is teqUh'ed to furnish a bond in connection with said:contract, ;~in-ap~ the fnithfu1 p~~ ~~f: . ~NOW t ~OREl we the unwsigned. Conttactor and Sw:el}' 1U'e held firmly bound to the Io'Wn of 'Tibutonintbe9lltl\of $ Tpree Hundred Ninety Seven Thousand * daIlm ($ 397,698.00 ).. ':t9 bcp~~ t~ s;dd T~wn or. its ctrtain a~ey, frg successors and~ forwhiChpa~ ~:andttuly 'tc;J be~tl~~ we bind aursdva, our heits~ ~ and a~tors, succ~ors or aseJgXl5. Jomdy and '~everSlli,ffrm1y bythesepresepts... *. six Hundred Ninety Eight and - - - - 00/100 . '1lIECONOmONOFlHISOBUGAll0NISSUCH, lhat~f the abeM: bou:u.a ConrraCtOI, its heirs, ae~,.~istmtoal, rroc~ or usf.gns, shin in aD. thtngs stind. to and.abi& by', and we11and ttuly keep and pdfuuu tk covenan.ta7 conditions and~c:o.t& ~ the'foiegotng contracc and my alteration rl1treo[ made as thttcin pmvided,'on h1s or rheirpm [{) be kept spd pafonned at the time" and in them~therdrr. epeclfled, audin ill tcspt:cts"accord1ngto $drintmt and ri1e"pmg, aDd shall inrlMTl"ify and ~ hmoleds the.! own. ofti.bunnl, its offlcet'S and agen.ts, as thmin . 8tipilla~.thtn this obllgation shill'become. and be;Q.ull and void; othd'Wise it shall be and rttO.ainihluU force and virtue. " IN Wl"Th{ESS VVHEREOF, We have hacunto 8d: our hands and t5al8 on this 13 t h " day of Jun~ 12005. ~ or claitns relattng to this bond '~hoUld ~e sent to the surety at the followi1Jg . address: INC. pon Ramatici Insurance, Inc. eney,IPresident Can~~t Travelers Casualty and Surety Company.of America 707-782-9200 (SEAL) P.O. Box 551, Petaluma, CA ~4953 ~op!: :&gnatures of those execudng for the surety must be propdy acknowledged: APPROVED AS TO FORM A~#- . AN DANFORTH TOWN ATTORNEY TO\NN CF TtBURON CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of CALIFORNIA SONOMA On June 13. 2005 DATE before me, NANCY G. SPITZER, NOTARY PUBLIC NAME, TITLE OR OFFICER-E.G. "JANE DOE, NOTARY PUBLIC" personally appeared Paul Ramatici NAMES OF SIGNER(S) IS] personally known to me OR D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. fl" Q~F.F~~ ~:":"- .,::.:;: "It ow;- ........- NANCY G. SPITZER ?5 5 NOTARY PUBLIC - CALIF. :;a Z . . COUNTY OF SONOMA ~ 11.... . My Comrn. Exp. July 6, 2007 I ~ ,........,,. y....,. '9'V"'~~<T""'V""''''''''''''''''''''-- WITNESS my hand and offi, ial seal. r-: / OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNERS D LIMITED o GENERAL ~ ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualtv and Surety Company of America CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -------- -------- -------- III ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ---------------~- ----------------- ----------------- III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III Iii III III III III III III III III III III III III III III III III III III III III III III~ State of California County of Sonoma On June 17. 2005 Date personally appeared before me. Gamet Ward. Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") Steve Geney Name(s) ofSigner(s) .-...-..-......-...-..-...-...-...-...-......1 GARNET WARD l ~~.. ........ CommIsSIOn #1 "6272 :;( ... Notary Public. California I ~ ., Sonoma County "..... My Comm. expires Apr 27. 2008 ItI personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. lz i' L / / ~A.u. ~!~ 'U;:. ' ;' Signature of Notary Publi 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: Performance Bond Document Date: June 13.2005 Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Steve Genev o Individual o Corporate Officer - Title President 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: North Bay Construction. Inc. --------- ------- ---------- ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - - - ~ ~ ~ ~ ~ ~ ~ - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~- ----- ----- ----- ~ ~ ~I III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III - - - TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents moke, constitute and appoint: M. R. Stewart, Paul Ramatici, of Petaluma, California, their true and lawful Attomey(s)- in-Fact, wiih full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the dilly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05) Unlimited Bond No. 103321714 TOWN OF TmURON SAMPI.1! PAYMENT BOND (S~ 3247, Civil Code) ~ The TO'WD. ofnbmcm., ~cttng by and thtough the Public Works Depart:m.cl~' hr.rcaft~ ~ to as ~O.II, b;l5l :L~ecl to ContnctorNORTH BAY CONSTRUCTION ,~~ designat~d as ~ ~PtinciPa1", a CQIJ.tr2Ct for the. wm:'k deacx:ibtd. u fOllows: INC. 2005 Street Rehabilitation AND WHEREAS, said.Principal is requjred to fumlsh a bond in connection with aalrl contnct; [0 :rc.c'Urc ~ paym.etJt of clatms oflaboretS, mecblllntCis. mate~ men and other persons as prcMdc:d by law.' .' . NOW t THEREFOR.!; we the tmdcrsigned Ptm.d.pal ~Iid Surety' n'e bound unto the Ob]jgee jD th~ stun. of Three Hundred Ninety Seven Thousand Six . . Hundred Ninety Eight and - - - - 00/100 dollars ($397.698.00 ).for "Ybkh ~~ we bind our.sdovts, jotntly and ~y- .THE CONDmON OF THIS cmUGJ.\TION'~ suca ThatiE said l'ttn<:ipal oritll suPconu:acto:tu ..ball hll to p~y lUly oI the: pD1l& IWII.Cl1in Civil.C~ Scd:io1t 3181; en; amounts due11Ilder the Unemployment InsuImc~ Code withrespet;tto work orhbot pedorm.edby sllch dllfmant. or any amount5 required. to be rkdncte<1 wtthheld, 'ana..P~0'V!7 to the Frmcb.ise TnBoard for $e wages ofttnployees ()f thePrindpalandlm subconttaCtOtS pUt'Wi:Iltto Section 18806 oJ the Rrverme ~d ~axat1on CoCk, with respect to BUchwom andlahot, that the surety herein will payfortbe aame in an ~O'UIitno~ exeeedingthe sum spttifitdin this bon~ othowisetheaQove obligat:ion shall be 'Vold. In Ca.ge Suit!!! broughtupon'tb.is bond, the sma:y will 1>21 a. -:reaBO-olible ~'6.ftt to Imd by the court T11i.i'bOndlihall~e to the b~ of my of the p~80llB nmnedln Cl'V1t Co~ Secdon 3181 asm givt:a right Of action to such pd,lI0J18 or their assl~ in my ~uit brought~pon thia bond. D~ June 13 ,2092- Co~ or claims:relating totbis bond should be aait to the. 3UItty at the following address: P.O. Box 551, Petaluma, CA 94953 N~NS~C. .. . ~teve :~Y~reS'ident '~pa1 Travelers Casualty and Surety Company of America' (SEAL) Don Ramatici Insurance, Inc. NCJTE: SignatUre"} of !host dreOlrtng f(Jt cl!e surttymust be properly acknowledged. APPROVED AS TO FORM ~.~-7 ~ ~.- ANN DANFORTH TOWN ATTORNEY TO\lVf'J ( ,'" T'j U --'-.J CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of CALIFORNIA SONOMA On June 13. 2005 DATE before me, NANCY G. SPITZER, NOTARY PUBLIC NAME, TITLE OR OFFICER-E.G. "JANE DOE, NOTARY PUBLIC" personally appeared Paul Ramatici NAMES OF SIGNER(S) [g] personally known to me OR D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J..................... A .............A "'~"''''''fl#'''''''''' ...... ....1 I . OFFICIAL SEAL - 1429044 I '7 . ....-, NANCY G. SPITZER z 5 - NOTARY PUBLIC - CALIF. ~ Z . COUNTY OF SONOMA ~ SIGNATURE o~/ 1 ~ My ('.,fJmm. Exp. July 6, 2007 I ~ -'- -- _ J.......... .i~";...... ~~""'!'JY'1>~" ....3~.z; ________________________________________________ WITNESS my hanJ-an~officia_~ s~al. ,1 _ tAl. ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNERS D LIMITED D GENERAL ~ ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT --------- --------- --------- III ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -------------- -------------- -------------- III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III~ State of California County of Sonoma On June 17.2005 Date personally appeared before me, Garnet Ward. Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") Steve Geney Name(s) ofSigner(s) ~ .- :. .- .- .- -GARNa;ARD .- .- J _ @ Commlsllon (I 1486272 i .""; Notary Public . CaUfomla I . , Sonoma County - ~ _ .~ _ ~:",:m:..~_~2~~t It( personally known to me Ll proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. ~Ad/_~(~:if- ./ -' 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: Payment Bond Document Date: June 13. 2005 Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Steve Geney o Individual It1 Corporate Officer - Title President 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: North Bay Construction. Inc. ~~~~~--------- -------- -------- --------- - - - - - - -- - - - - ~ ~I ~ ~ III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III - ~II ~- ~avelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect. if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage f(\r rDrl~in losses caused by international acts of terrorism as defined 11'1 LJ It:: Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically) the Federal Government will pay 900/0. of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00. provided that the Insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted)_ Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded ip y?ur overall premium, and is no more than one percent of your premium. TOWN OF TIBURON . -, PERFORMANCE BOND . (To Accompany Contract) BondNo.1033217l4 Premium: $2,291.00 .~. the T owu oir~, acting by and through the ~Artm.elit of J?ublic works, has a.-Wmblto 'ContnLctcrNORTH BAY CONSTRUCTION. INC ..hmafter~teda.sth.e~ontr.a.ctor',~eonrmctfor .' 1 A. rr.he werktdescrlbtd 2S foUows: . , . 2005 Street Rehabilitation AND'VV"InmB.f\S, t:he ContraCtor is teqUh'ed to furnish a bond in connection with said:contract, , ~~~~ tbe faithful p~ce th=teof: ~NOW, ~ORE, we the UDdersigned Contractor and Sw:et.y 1\1'e hdd Iirmly bound to the Io'Wn of 'Tibutonmtbesnrn.of $ THree Hundred Ninety Seven Thousand * daJlm ($ 397,698.00 )" :.t~ beJ.'ai~ t~ s;id T~wn or. its catain a~ey, its successors andassigns: for which pa~ ~and ttuly '~be~a~e,:Wt b1nd ourselves, ow: he1ts1 tttCUtOrS and adm.ini!t:rators, succwors oraseJgXlS,)oindy and '~everany,f1rmlybythesepr~e.nts... *. six Hundred Ninety Eight and - - - - 00/100 . 'TRECONDmONOFlHISOBUGATIONISSUCH, That~f the above ~ud ConmCtOI, its heirs. exe~f~1strato11t suc~ or assigns, shin in an tb.tngs st8nd to andabkk b1, and wel1and ttulykeep andp~thccovenantsTtonditions and~c:o.ts ~ the'Urregoiog contracc and my 4Iltemtion rl1treo( made aB thttcin pmvidcd,'on bJs or theirpm to be kept 8;I1d pafonned at the time' and in themaJ:JDer thereJ.n spe~ and in all tcspt:cts.s.cc:ordtngto ~ intent md1i1e~pb1g, 9.X)d shall indtwmnify mduve ~s the.'! O\W.ofri.buro1l, its offiem;md agents) as t:he:mtt . 8lipUlal:td,then this obllgatjon shall'become. and be ;r;l.ull and void; othd'Wise it &hall be and rttO.ain ill fun force and virtue. IN WITNEss WHEREOf, We have hereunto 8d: our hands and c5uh on this 13 t h . day of ~ ~n~ . . t 200 5 . ~on Ramatici Insurance, Inc. N~O~UCTION' INC. - ~ Steve Geney, President Can~~! Travelers Casualty and Com an 'of America ~ or claim.s relatlng to thia bond . ~hoUld be sent to the surety a~ the follo'wi1tg . address! 707-782-9200 (SEAL) .~ P.O. Box 551, Petaluma, CA 94953 Nap!: ;&gnatures of those exeeucng for the surety must be propd.y acknowledged.; APPROVED AS TO FORM ~/~~~ .-- - ANN DANFORTH TO\NN ATTORNEY TC1\f' '"'. ~ ~ , I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of CALIFORNIA SONOMA On June 13, 2005 DATE before me, NANCY G. SPITZER, NOTARY PUBLIC NAME, TITLE OR OFFICER-EG. "JANE DOE, NOTARY PUBLIC" personally appeared Paul Ramatici NAMES OF SIGNER(S) ~ personally known to me OR D proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t-...A...At.A..t~~_&_A._...l I Q_ OFFICIALSEAL-1429044 I '"";" /_.......-. NANCY G. SPITZER z 5 NOTAHY PUBLIC - CALIF. ~ Z . . COUNTY OF SONOMA ~ l' My Comm. Exp. July 6, 2007 I~ ~TT~~.~~V~VVTV~V'...V~ WITNESS my hand and officiatseal. / :.:;/. (- S'IGNATURE OF ARY ) ~--- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNERS 0 LIMITED o GENERAL ~ ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ------- ------- ------- III ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -- ---------- ---------------- -------------- ~ ~ ~ :iii, III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III~ ~ - - III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III IIi III III III III III III III III III III III III III III III ~ ~ ~ ~ ~II State of California County of Sonoma June 17. 2005 Date personally appeared before me. Garnet Ward. Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") Steve Genev Name(s) ofSigner(s) On iii personally known to me o proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. ~ GARNEfWARD 3 .. ' Commission II 1486272 ~. ." Notary Pubic . Caflfomta . Sonoma County My Comm. expires Apr 27,2008 WITNESS my hand and official seal. ./ ~f<~iIm{?mfi 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: Performance Bond I Number of Pages: June 13.2005 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Steve Genev LI Individual o Corporate Officer - Title President LI Partner - LI Limited LI General LI Attorney-in-Fact LI Trustee LI Guardian or Conservator LI Other: Top of thumb here Signer is Representing: North Bay Construction. Inc. ----- ----- ----- - - -- - - -- ----- ---------- ---------- ---------- -------- -------- -------- ----- ----- ----- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY F~GTONCASUALTYCOMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: M. R. Stewart, Paul Ramatici, of Petaluma, California, their true and lawful Attorney(s)- in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatOlY in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the COII1.panies, thereby as fully and to the same extent as if the same were signed by the dilly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vi~e President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05) Unlimited Bond No. 103321714 TOWN OF TlBURON SAMPI.P. PAYMENT BOND (S~ 3247, Civil Code) ~ The: To-wn ofnbmcm., 1cttng by and tbtough the Public Works ~aJt, hcrcaft~ ttfetred to as ~Ob1ig=lII, h~ :Lwwde4 to Cont:rac:torNORTH BAY CONSTRUCTION .~ereafter dcaignat~d as ~ ~Pa1", a ~tr2Ct for the -wm:k deactibcd u fOJlows: INC. 2005 Street Rehabilitation AND WHEREAS, saidPrinclpal is required to fumlsh a bond. in connection VIitb. ~a COl1t:r2Ct:, [0 ,i:c'l.ttc ~ ptym.eIlt of clabns of laborers, ~lum(ri$4 xnatetW, men and other persons as pmvidal by la~.' . NOW, THEREFO~ we the l.1Ddcrsigntcl Prhlc1pal md Surety AL'e bound \mOO the Obligee jD th~ stun. of Three Hundred Ninety Seven Thousand Six Hundred Ninety Eight and - - - - 00/100 dollars ($ 397.698.00 ), for \ybicl1 ~~ we hind outsd'Vd, jotntly and ~y- .THE CONDmON OF THIS OBlIGATION IS SUelt That if said Principal or ita .suPcontnctol:5 .man fail top~y any o.f the: Pc=sons 1WI1.alin Civil Code Scct:iOl1 3181; en; amO\U1t8 dueunder the Unemployment Insutmc~ Code with~towor)(orlabor pedormedby s\.lch d1!fmAl'\t, or any amount! requfIedto ~ ckducte<L withheld, ~a..p:dd.O'V!%to'~ Frmcb.ise Tubrd. for$ewages oft1nployees ()f the~ andlUs SUDcOIlttaCtOm pUtSu~ttoSection 18806 01 the R.cvern1e ~d ~axat1on Co&, with respect to tMeh worlt and tahot, that the sw:etyherein willpayfortbe same in an ~oUntnot exeeeding me sum specifitdin this bon~ otOOwise-r.he above obligiliotl shall be 'VOid. In CELge 3uitlb broughtupon'Ws bond, the SU1:ttJ will pay a ~le ~'s..fe;e to.fmd by the court ~'bOndshaD.inme to the beneht of any of the ptt80nB namedln Civil Co~ Section 3181 as to Fa cight Of action to such pc:ilIOJlS or their 1SSl~ in my suit brought ~pon this bond. DattCt June 13 ,2005 Don Ramatici Insurance, Inc. NOR~RU~ INC. Steve Geney, pfesident .~ Travelers Casualty and Suret Com an of America Co~ or claims '%elating totbis band s~]dbe aClt to the. 3Urety at the following address: .P.O. Box 551, Petaluma, CA 94953 NCJTE: Signa,rutt., of thO$l':: dreOItmg for the SUl'tty must be properly ack%lowledged.. APPROVED=,,~ ~~~ " ANN DANFORTH TOWN ATTORNEY TOWN OF TIBURO~' 4~C CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of CALIFORNIA SONOMA On June 13. 2005 DATE before me, NANCY G. SPITZER, NOTARY PUBLIC NAME, TITLE OR OFFICER-E.G. "JANE DOE, NOTARY PUBLIC" personally appeared Paul Ramatici NAMES OF SIGNER(S) ~ personally known to me OR D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. II ~ ~ ~ ~~:~~. ~ ~ ~ ~F~F;C::~~~- ~ :2A9~;4" ~I t "T " NANCY G. SPITZER z 5 NOTARY PUBLIC - CALIF. ~ Z COUNTY OF SONOMA ~ l' My Comm. Exp. July 6,2007 IJ ""'" ... ... . ...." " .... or or. ~ ... ... ... ~ ... ... ... ... ... ... ~ WITNESS my hand and official seal. ~4-7/ ,4. ~ . I ,/ SIG";\TURE OF NO A '._._ --- .... ------------------------------------------------------------------------ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNERS D LIMITED D GENERAL 1:8] ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1I1~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~I III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III~ - - County of Sonoma On before me, Gamet Ward~ Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") Steve Geney Name(s) ofSigner(s) June I7~ 2005 Date personally appeared ~ personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signatures( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. ------------...., GARNET WARD 1@-"commlsSlon/ll486272 '< . , Notary Public - CaHfomla j ~ -. - <.. ',..~.. Sonoma County ..... My Comm. expires Apr 27.2008 WITNESS my hand and official seal. ~ L} t ~.JL .- /L4l~ / /' 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: Payment Bond I Number of Pages: June I3~ 2005 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Steve Geney o Individual o Corporate Officer - Title President 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: North Bay Construction~ Inc. ----------------- ----------------- ----------------- - - -- - - -- ------ ~ !E III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III - - ~II ~- Travelers IMPORTANT D1SCLOSURENOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-tenn program under which the Federal Government will share in the payment of covered losses caused by certaIn acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium, Under the Act, insurers are required to provide coveraQP fnr rDrl:::1in losses caused by international acts of terrorism as defined Ira lilt: Act. The Act further provides that the Federal Government will pay a share of such losses. SpecificallYl the Federal Government will pay gO%af the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- re'ated losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00. provided that the Insurer has met its deductib'e. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted)_ Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded ip y~)Ur overall premium, and is no more than one percent of your premium. ACORD", CERTIFICATE OF LIABILITY INSURANCE CSR SD I DATE (MMlDDIYYYY) NORBA-2 07/05/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Phone: 707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: National Union Fire Ins. of PA INSURER B: ADler. Casual ty Co. Reading PA North Bay Construction, Inc. INSURER C: Steadfast Insurance Co. P.O. Box 6004 INSURER D: petaluma CA 94955-6004 )'r~3ED INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11'1;:)1'( ~s~~ POLICY NUMBER PD'i1f~1J~Jg~E Pgk~Cl(~~b~~~N LIMITS LTR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X X COMMERCIAL GENERAL LIABILITY GL9333454 10/01/04 10/01/05 UAMAl;;t: I U Kt:N I t:u $100,000 PREMISES (Ea occurence) I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5,000 X Cont./Brd.Fm.PD PERSONAL & ADV INJURY $1,000,000 - X XCU Included $50,000 DEDUCT - PER OCC. GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 I rxl PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 B X X ANY AUTO BUA400276691 10/01/04 10/01/05 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 A ~ OCCUR D CLAIMS MADE BE2684949 10/01/04 10/01/05 AGGREGATE $10,000,000 $ ~ OEOUCTISLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X I T~~l~~Ws I lom~ ER A EMPLOYERS' LIABILITY WC7165948 10/01/04 10/01/05 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER C Pollution Liab. PCC5221348-03 10/01/04 10/01/05 Ea. Claim 2,000,000 $10,000. Ea. Claim All Clms 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. *Ten day notice would be sent on non payment. JOB: 2005 Street Rehabilitation, NBC #1500 30*XCG2010(10/01)LF/CG2037 (10/01)LF/CG2404/CA2048/WC04 0306 CERTIFICATE HOLDER CANCELLATION Town of Tiburon, its officials employees and agents Pe~it Department 1505 Tiburon Blvd. Tiburon CA 94920 TIBUR05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EIlBE: '''SA "FS MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 5~T f A1L~RE TS BS BS BII'J..L IMPSBE: liS SBllS 'TISII SR IdABllIT. Sf \f1'.ItIUB YPSII TilE UIBWAEA, Ii'B 'SEfITB SA ACORD 25 (2001/08) RD CORPORATION 1988 REvISED POLICY NUMBER: NAMED INSURED: GL9333454 North Bay Construction, Inc. COMMERCIAL GENERAL LIABILITY CG 20 10 1001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZA TION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Town of Tiburon, its officials, agents & employees RE: 2005 Street Rehabilitation, NBC #1500 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured B. With respect to the insurance afforded to these additional insured, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project The insurance provided herein is primary coverage to the additional insured with respects to any insurance or self insurance programs maintained by the additional insured, and no insurance held or owned by the additional insured shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the Company's Liability. ISO Properties, Inc, 2000 Page I of 1 July 5, 2005 CG 20 10 1001 HEVlSED Policy Number: GL9333454 Commercial General Liability CG 20 37 1001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIITY COVERAGE PART SCHEDULE Named of Person or Organization: Town ofTiburon, its officials, agents & employees Location and Description of Completed Operations: JOB: 2005 Street Rehabilitation NBC #1500 Additional Premium: Included (If no Entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard". The insurance provided herein is primary coverage to the additional insured with respects to any insurance or self insurance programs maintained by the additional insured, and no insurance held or owned by the additional insured shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverage afforded shall apply as though separate policies had been issued 0 each insured, but the inclusion of more than one insured shall not operate to increase the limits of the Company's liability. CG 20 37 10 01 Page 1 of 1 Dated: July 5, 2005 POLICY NUMBER: GL9333454 REVISED COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Town of Tiburon, its officials, agents & employees JOB: 2005 Street Rehabilitation, NBC #1500 Any organization where the Named Insured is required to and/or agreed to by contract to Transfer of Rights of Recovery Against Others to Us. (If no entry aRpears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products-completed oRerations hazard". This waiver applies only to the person or organization shown in the Schedule above. Dated: July 5,2005 POLICY NUMBER: BUA400276691 REVISED COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the Following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective: 6/16/05 Countersigned by: Named Insured: North Bay Construction, Inc. qs:JOMA~ (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Town of Tiburon, its officials, agents & employees JOB: 2005 Street Rehabilitation, NBC #1500 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Dated: July 5, 2005 l ,:EVISl'= \ ' WC 040306 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSMENT -CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement, effective on 6/16/05 at 12:01 A.M. standard time, forms part of Policy No. WC7165948 Endorsement No. of the National Union Fire Ins. of PA issued to North Bay Construction, Inc. Premium (if any) $ At Final Audit G~<L\Mo-X-- - Authorized Representative DON RAMATICIINS. - PETALUMA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right again the person or organization named in the schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the renumeration of your employees while engaged in the work described in the Schedule. The additional premium for this agreement for this endorsement shall be 5% of the California worker's compensation premium otherwise due on such renumeration. Schedule Person or Organization Job Description Town of Tiburon, its officials, agent s& employees 2005 Street Rehabilitation, NBC #1500 Dated: July 5,2005 " ) ;-~ f ~ i BAN K Qf PETALUMA A MEMBER OF THE GREATER BAY BANCORP F AMIL Y ESCROW AGREEMENT FOR SECURllY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement, dated as of June 28, 2005, is made and entered into by and between Town of Tiburon, whose address is 1505 Tiburon Blvd.. Tiburon. CA 94920, hereinafter called "Owner," and North Bav Construction. Inc., whose address is P.O. Box 6004, Petaluma CA 94955-6004, hereinafter called "Contractor," and Bank of Petaluma, whose address is P.O. Box 750488, Petaluma, CA 94975-0488, hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the Owner pursuant to the Construction Contract entered into between the Owner and the Contractor for 2005 Street Rehabilitation - Tiburon in the amount of $397,698.00 dated (hereinafter referred to as the "Contract"). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and the Contractor. Securities shall be held in the name of Town of Tiburon, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by the Contractor at any time and from time to time without notice to the Owner. (6) The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to the Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by the Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to the Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold the Escrow Agent harmless from the Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of the Owner: /7. ~ d/' p/rie ,:'V: 1:11.11'1.- 3p/f/1(pj Title On behalf of the Contractor: Vice President & Controller Title /k1~' /), >I!(( Name / ~r~-~~~ Signature ~~~ Signature 1505 Tiburon Blvd. Tiburon, CA 94920 Address P.O. Box 6004, Petaluma CA 94955- 6004 Address On behalf of the Escrow Agent: Senior Vice President & Relationship Manager Title ~ Signature P.O. Box 750488, Petaluma CA 94975 Address 2 At the time the Escrow Account is opened, the Owner and the Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. On behalf of the Contractor: Name On behalf of the Escrow Agent: Credit Analyst Title ~j APPROVED AS TO FORM ~7/7/?------- ANN DANFORTH TOWN ATTORNEY TOVVN O~ T!BURON 3