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Home My WebLink AboutAgr 2006-08-02 (North Bay Construction) TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE 2006 STREET REHABILITATION PROJECT THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this ZrJp day of A ub\J~~ , 2006, by and between the TOWN OF TIDURON, municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and N:.,)~~ \5Ay Cot..1S'i7(..JC1I~~.J,. 'tic. ("Contractor"), whose principal place of business is 4~1 ?AyeA.N ~ r~r4Lu.MA /lA 'i4'95'S . , I 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 2006 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 oflabor, 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 Qgt~, ~ f\L ...... ARTICLE III 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 7-1.0 lA(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code S 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 ofthe proposal conflicting herewith. A-2 ARTICLE vm EXHIDITS 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 TIDURON BY~~~ Town Attorney By \:::Lc...:. ol.-, ~ Town Manager By steve Geney Its Preside Contractor's License No. 357560 Expiration Date: 08-2006 A-3 EXHIBIT A The Site The public and private rights-of-way located in the Town of Tiburon, California and known as: Mar West Street - all Esperanza Street - Mar West St to Cazadero St Gilmartin Drive - all Stony Hill Road - all Via Paraiso East - Gilmartin to private driveway Via Paraiso West - all Bond Lane - all Cibrian Drive - all Hillcrest Road - Paradise Dr. to Marin County line Old Landing Road - all Seafirth Road - all Seafirth Lane - all Seafirth Place - all Lyford Drive - Tiburon Blvd. to Ranch Road A-4 Exhibit B Contract Documents . Project plans . Standard Specifications . Standard Plans . Special Provisions . Proposal and contract . Contract bonds as required . Any supplemental agreements amending or extending work . Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified. · Pertinent portions of any other documents included by reference in the specifications, Standard Specifications, or Plans. 3 Asphalt Concrete TONS 4,056 $91.00 $369,096.00 4 Pavement Reinforcin Fabric SY 2,265 $2.85 $6,455.25 5 AC Wed e Grind - 6' Wide SY 12,156 $4.20 $51,055.20 6 AC Conform Grind - 20' Lon SY 1,014 $4.20 $4,258.80 7 AC Mill - 0.17' Depth SY 7,718 $4.25 $32,801.50 8 AC Base Repair SF 4,111 $9.55 $39,260.05 9 Slur Seal SY 1,334 $4.60 $6,136.40 10 Adjust Manhole To Grade EA 37 $400.00 $14,800.00 11 Ad"ust SS Cleanout To Grade EA 4 $375.00 $1,500.00 12 Adjust Draina e Inlet to Grade EA 1 $2,052.00 $2,052.00 13 Ad'ust Monument To Grade EA 36 $465.00 $16,740.00 14 Construct 4-ft wide PCC Sidewalk LF 205 $75.00 $15,375.00 15 Construct 5-ft wide PCC Sidewalk LF 10 $124.30 $1,243.00 Construct 4-ft wide PCC Sidewalk with 16 Retaining Wall (H=12") LF 340 $106.00 $36,040.00 Construct 4-ft wide PCC Sidewalk with 17 Retaining Wall (H=24" thru 48") LF 125 $356.00 $44,500.00 18 Construct PCC Driveway SF 220 $43.00 $9,460.00 19 Reconstruct PCC Curb Ramp EA 1 $4,330.00 $4,330.00 20 Construct AC Driveway SF 170 $35.00 $5,950.00 21 Relocate Sign EA 3 $310.00 $930.00 Remove Yellow Traffic Stripe, Pavement 22 Marking and Lead Compliance Plan LS 1 $6,500.00 $6,500.00 23 Install Detail 21 (Paint) LF 52 $0.80 $41.60 24 Install Detail 22 (Paint) LF 890 $0.90 $801.00 25 Install White 12" Stripe (Paint) LF 175 $3.00 $525.00 26 Install White 4" Stripe (Paint) LF 123 $1.50 $184.50 27 Install White Pavement Marking (Paint) SF 400 $3.00 $1,200.00 Replace and I or Install Type A White 28 Non-reflective marker EA 108 $5.00 $540.00 29 Replace and I or Install Blue Marker EA 27 $15.00 $405.00 EXHIBIT C . . TOWN OF TIBUl<.ON Sl\:rvIPLE PERFORMANCE BOND (To Accomp;:my Connan) Bond No. 104597506 Premium: $4,175.00 VV 11 EREi\S, the TO\ivn ofTiburon, acting by and through the Dcparnncnt of Public Works, h:15 awarclccl to Conl r;lctur __NORTH_ BAY CONSTRUCTIO~C..~ h~:rt;1ftC[ desigrlatCc1. as the \'Conn~lcrorll, a COlll ract h)l' l' be \vork described as follo'ws: Town of Tiburon 2006 Street Rehabilitation AND WlIEREAS) thc COlltr;1ctor is required to furnish a bond in connection with s;ticl <.:ontl';1ct, gu:'rantl~cil1g the fait11ful perrOrm11lCe thereof: NOW) THEREPORE, we: tll~ undersigned. Conn-actor (liKl Surety are held Hrmly bound to the To\vn of Til"'llll'Ol1 in the stirn or $ ~;t.g.J}~....~~1}.~re9 Thirty Four Thousand Nine1tlollars ($ .~3_~.!.?}_~_. ?_Q___\ ro be p~'lid t'o s~,icl Tow n or its ceerain ntcoD1cy, its successor.s cll1cl assignA: for wh icll pilym<:llt, well i\l1d rnlly to be m~l(k., \V~ hind oLlrse]vcs, Our lxirs) executors and achninistrators, SlICCeS.':inl'~ or ~ssign.s,joinrly and severally, firmly by t.hese pn:~SCllt~. * Hundred Fifty Six and 30/100 THE CONDITION OF THIS OBIJGA TION IS SlJeR, "1 h~lt if the ahove hnu nd Con tfactof, its heirs, exeCUtors, ,'ldlnill)SltatOl".':i, SLlcceSsors Of ~ssigns, shaLl in all things i:Jlantl to ~tnd ;.1hic..le by. ilncl well ancJ tUlly kcep and perform the: covenants, cond (lions ;lnd ngrl'cmcnts iJ llhc forcp;oing COtlt fLlet c.md ~llY alteration thercof llladc as thctdnptovic.lcd, On his or their part to be k('1'[ ;1nd pClrOn llccl;ll: the: \; j me z\J1d in the manner [herein specified, and in all re~pl::cts accordi ng to their intent :tnc! mC',l1llng, ancL"h:dl i ndcl1l11jfy llnd save hannlcss the Town o[Tibl.lton, its orficers l1nd agellts) ,1.S therein sti puIated, l'hell Lhi~ obI igi1tion Shi11J bC'COlllC and bc l1l111 and void; otherwise it shull be rlnd. rcm,1in in hill. force ancl vinllC. IN VVITNESS WfTFREOF, \^le hav~ herCUll(O sc( our _--1_~____1 }nQ~. C\.)rresponclcncc: or cbil11$ rchting to this bond should be scnt ro l11c sl.lrct)' If the following ~((.l cll'L:S~: 1..9,o_..G..C!li{ornia St., Ste. 300 Travelers NORTH BAY CONSTRUCTI~lN.c..t.._ .......... ." .____ 431 Payran Street .~_...~w_.."..~.__.~_._________ Petaluma, CA 94955-:i>..Q.Q.L___.___._ Contractor and S rell-.C.9.1l).P~.DY__QL America Nal c of SUl'C'ry (SEAL) .s ~u:~___f~r a nc is c <2.L. CA _~4llt_. _.., .. .___.__ 415-732~1496 NOTE: Sigllittllrcs of those cxecl1Lillg For the surety must be properly acknowkdged. l~,\N DANFORTH T()\V\.' AT-,-('jRNFY TO \'\ii\l CrT [ "-.;;\J A-7 CER TfFICATE OF ACKNOWLEDGE?vfENT St,ltl' of CalifornLt, County of Sonoma Olllhis --12.th 'cl,1Y or --.JiLJs__.. .,._._~ in (he year 20 06 hdore 1l1~ Nancy G. Spitzer nl)l-ilry public in ,1I1d ror t llt'Co. of Sonoma, pc:rsoDall y ::tppe8lT-d Paul Raffia tic i kllO\V]) ro me- to he (he person whose J\rrornc.y. in Ioa 11:111)( j:l suhscrihcd fu this inSD:1.UnCllL: ~lllc..l known to me to be the attorney/in-fact of .J.'J;:~Y~Jers*_ ~Hlc1 acknowledged to me th:1( he/she sllhserihul the name of rhe Silic1 cOlllpany (hetc[o as .sufety, l1nd his/bel' nwn Ilall1C", attorncy--jn-fan_ *Casualty and su~~ ~iC~ (S~l:u!n!~t".......'l /' NorLU' 1 1k /' ~... "- ~~ ."~.:...:.... ~~...-.F.N.IC~~s~~~~~ ~ _____ ... .. NOTARY PUBUC - CALIF. ::u .." .. '. COUNi'f OF SONOMA .!. ,.;. ~1 Comm. Eltp, Juty 6. 2001 It ;Y,~ lU wi~i:,;'"~~:ivi~"~i.L."."."."."._' I ;, ...-- ~... ~..._, A-8 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 July 7. 2006 Date before me. personall y appeared ~~~~~~~~~~~~~~ .~ ~ GARNET WARD ~... ,,;"'~;'..." Commission # 1486272 ~ -;... . Notary Public - California ~ j . ~". Sonoma County t ... .: ... ~:om:~x~e~Ap~2~2~8 =========== Garnet Ward. Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") Steve Geney Name(s) of Signer(s) ~ personally known to me LI 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 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. &Ln) a);J~ ,/ Signature of Not . ublic 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 July 6. 2006 Title or Type of Document: Performance Bond 1 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Steve Geney Number of Pages: Top of thumb here o Individual ~ Corporate Officer - Title President o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: North Bay Construction. Inc. ---------- ----------- ---------- ----- ----- ----- ----- ----- ----- -------- -------- -------- - - 511 III III III III III III III III III III III III III III III III III III III III III III III III III III III III 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 CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMITNGTONCASUALTYCOMPANY 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 duly 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 "Comp~es") hath made, constituted and appointed, and do by these presents make, constitute and appoint: M. R. Stewart, Paul Ramatici, Thomas Griffith, 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 hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chainnan, 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 conditionallUldertaking, 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 (lUlder 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 lUldertaking to which it is attached. (02-05) Unlimited Bond No. 104597506 TOW N' OF TIBlJR()N SANIPLE PAYN1ENT BOND (Section 3247, Civil Code) \VIIERD^S, The Tc)\vn of Tiburon , l1cting by and through the Publie Works DcpartlllCllt, ht:re;:trtcr rc.fctrcll to af5 "Oblige'cn, has :1'vv;3.rdt'cl to ContTClctofN,ORTH BAY CONSTEJIGJION , hcrci.\frcr dt~ignl1tccl a~ thl' "l'rillcil)ill'\ a COllLIdct for t.he: \vork cleseribcll as tollo\vs: INC. Town of Tiburon 2006 Street Rehabilitation ANn W]n~REAS, $;'dc.l Principi\l is required to furnish a bond in connection with said cOlltr~c.:t, to :-1L'Clln.' rhc payment or claims of bborcrs, JI1t:ch(.mics, 111atcrial, men and other persons as provided by hw. NOW, TU EREFORE, 'vve the l.mdersignccl Pri.ncipal and SureLY are bound unto the ObligtT in the StlIll nf Eight Hundred Thirty Four Thousand -__....Nine. .E.llndred Fitt.Y.:, $ix and 30/10!L.__ c]nlhrs ($ 834. 956 ~.lq .._), for which p:lymCl.1C, \VC hind ourselves, jointly and severally. THE CONDiTiON OF THIS OBLlGA TION rs SUCH, That i r s:1icl Princi p:~tl or it::; sl1bc:ontrac(or~ Sllil11 bil to pay any of the persons nan1cd in Civil Code Seer-lOll 3181, or amounts clne u ncJcr the UnCluploynlC::nt T nsumnec Cock \vith r~spcct to \Nork or labor [lcrEornlcd by such cbimant, or ~my ~l\"l1.nUl1ts required to be ded uctcd, \virh11 cld , and paid over [0 the Prallc}, isc Tax Board for t.he wage's of em ploycl.::s of the. Princi[xll and his sl1bc.ontraetor~ pUCSllantto Section 18806 of thc Revenue and Taxmion Col!c:, with respect to sllch work ~nd bbor, thac the 811 rety herein \vill pay ror the SrlJl1C in an ~\lnount not C'x(ceding the su m specified tn tll is bond, otherwise the above obligation sllal11)(.~ void. In case suit is hr01.1ght upon lhis bO[lcl the surety will pay a reasonable attorney's fee to fixtc1 by the conn:. l\ll:cd: ___._~~~._......, , 209~_ -ion 3181 n:s to giv(' a righc Thi~ bond shall inure to Lr.c bendit of any of t.he persons named in Civ' of auion tl1 sllch persons or their assign.s in any suit bro .P "", n ~ //~ ~ LQ(L_Calit,Qxn.t..9.._..St.. Ste. JQ9. e G ey esident NORTH BAY CO~RU~TION' INC. ...A31 Pavran Street;__. _fetaluma. CA 9~~5.-6004 Princjpal and Su_~ety Company _o~...~~rica (SF^ L) Corrl.'sp\JlJc.kncc or c bi rn~ n:,'hting ro this bond should lx' S(lnt [0 the sur<:~ty 0.t rhc follo\ving ~\(kln'~~;: By: A Paul Ramatici Nt )'rl~: Sigrv,lulT.S of rhose: cx~culi ng for the sure[y nlllst be properly ackllowledgcd. ....-- S.an__E.r:.ancis_c.o..,...CA 94111 f,,~~FR~ TO F'OF,;Jl 4 I':'-lN DANFORTH TC)",,',\I AT"'ORi'JEY TOV\~N C r ~r;!.3dF'~GN A-S , " ~,. . Stale nf C:difonlia Town I CC)llllly or _... CERTIFICATE OF ACKNO\rVL1~()GEMENT SOTIOIUS'i_.. _.0 55 On rhis ~l.L <.hy or _ July ;lrpC';u'C:d ~--r?:.uJ_ Raffia tici All UJ' I) cy.'iH-JaCf IlK (or prnv\.'d to me' OlllllC hasi.s of satisfactory evidcflte) to be the person who~e nt1111C is subscrlllCll to this in~ltulllent ;lS rhe altorney-.jn.~frtct of Travelers~.J~asualty and Surg~t~ and (I(J~1)o\V1cd~}cd to lHe rh,ll~ he/she subscribed rhe hmlle of the said C01ll1xtnv thereto as SUrelY, and his/her ~ '. I J 1\ ;~:~[;::IllC ~;.:~::~~~~~ ;;::; of Amer~ 1ma y P\lbiic~ I NANCY G. SPITZER z ~ NOTARY PUBLIC - CAlIF. ~ ____ COUI'ITY OF SONOMA .!. ~" MI Comm. Exp. July e, 2007 !J i L. y ... ~ . , -'VI.....~~ ~ ....--.",..-.......... Nancy G. Spitzer, Notary Public -- in the year 10QQ... b~fore me '..~.,. .~,l pC'rson,l11y , per.':ionaHy knovvll to / ^-o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT III = = !!! ~ = = = = == == = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = iill III III State of California III III III County of Sonoma III III III III On July 7.2006 before me, Garnet Ward. Notary Public III III Date Name and Title of Officer (e.g. "Jane Doe, Notary Public") III III personally appeared Steve Geney III III Name(s) of Signer(s) III III nr III w personally known to me III III LI proved to me on the basis of satisfactory III III evidence to be the person(s)whose name(s) is/are III III subscribed to the within instrument and III III III acknowledged to me that he/she/they executed the III III same in hislher/their authorized capacity(ies), and III III that by his/her/their signatures( s) on the instrument III III GARNET WARD the person(s), or the entity upon behalf of which the III Commission # 1486272 III Notary Public _ California ~ person(s) acted, executed the instrument. III III Sonoma County III III My Comm. Expires Apr 27.2008 WITNESS my hand and official seal. III III III ::: ~~/~aj;~/1- ::: III / Signature of Notary Public III III III III OPTIONAL III III Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent III III fraudulent removal and reattachment of this form to another document. III III III III Description of Attached Document III III III III Title or Type of Document: Payment Bond III III Document Date: July 6. 2006 Number of Pages: 1 III III III III Signer(s) Other Than Named Above: III III III III Capacity(ies) Claimed by Signer III III III Signer's Name: Steve Geney III III III III ,.., Ind d I Top of thumb here III LJ ivi ua III III ~ Corporate Officer - Title President III III [j Partner - [j Limited [j General III III [j Attorney-in-Fact III III [j Trustee III III III [j Guardian or Conservator III III III [j Other: III III III III III III Signer is Representing: North Bay Construction. Inc. III III III III~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~II A~ORDTM CERTIFICATE OF LIABILITY INSURANCE CSR SD I DATE (MMlDDIYYYY) NORBA-2 07/06/06 ;;RbDUCER 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: Amer. Casualty Co. Reading PA North Bay Construction, Inc. , INSURER c: P.O. Box 6004 INSURER D: Petaluma CA 94955-6004 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. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER ~~1'~1~~D~~E P8k~Cl(~':h'1f'J!.,~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X X COMMERCIAL GENERAL LIABILITY GL1557781 10/01/05 10/01/06 UAMAGl:: I U t\~1'11 ~u $100,000 PREMISES (Ea occurence) I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000 X Brd.Fm.PD $50,000 SIR PERSONAL & ADV INJURY $1,000,000 - X XCU Incl. CONTRACTUAL GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 I rxl PRO- nLOC Emp. Ben. 1,000,000 POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 B X ANY AUTO BUA4000276691 10/01/05 10/01/06 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) - f--- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 A [!J OCCUR D CLAIMS MADE BE4953370 10/01/05 10/01/06 AGGREGATE $10,000,000 $ Fx=I DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X I T~~l~~Ws I IU~~- A EMPLOYERS' LIABILITY WC1346338 10/01/05 10/01/06 $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? $100,000. SIR E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER 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: Town of Tiburon 2006 Street Rehabilitation, NBC #1619 30*XCG2010{07/04)CG2037 (07/04)CG0001{10/01) CERTIFICATE HOLDER TIBUR05 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EJUili. SR T8 MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DIIT "'All "qi ~Q 11" GQ lill"bl rr1P"Gh tl" 2ib.I~ATI"tl QA MOSllIT" Sf "fl" ImlS ~PS" TilE: HI8~RER, ''f8 A81!UT8 8R Town of Tiburon, its officials, employees and agents 1505 Tiburon Blvd. Tiburon CA 94920 RD CORPORATION 1988 ACORD 25 (2001/08) I POLICY NUMBER: GL 1557781 COMMERCIAL GENERAL LIABILITY I CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Locations(s) Of Covered Operations Town of Tiburon, its officials, employees & agents Town of Tiburon 2006 Street Rehabilitation NBC#1619 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization (s) shown in the Schedule, but only with respect to liability for "body injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 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 location of the covered operations has been completed or 1, Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; 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. In the performance of your ongoing operations for the additional insured(s) at the locations(s) designated above. B. With respect to the insurance afforded to these additional insured, the following additional exclusions apply: 1. All work, including materials, CG 20 10 07 04 ISO Properties, Inc., 2004 POLICY NUMBER: GL 1557781 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Town of Tiburon, its officials, employees Town of Tiburon 2006 Street Rehabilitation and agents NBC #1619 Information required to complete this schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" . CG 20 37 07 04 ISO Properties, Inc. , 2004 b. If a claim is made or "suit" brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the 'suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Page 11 of 16 @ ISO Properties, Inc., 2000 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverage A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or Similar coverage for "your work" (b) That is Fire Insurance for premises rented to you or temporarily occupied by you with permission of the owner; ( c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment or an endorsement. CG 00 0110 01 When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifi- cally bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of ins- urance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contri- bution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned pre- mium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. If the sum of the advance and audit pre- miums paid for the policy period is greater than the earned premium we will return the excess to the Named Insured. c. The first Named Insured must keep records of the in- formation we need for premium computation, and send us copies at such times as we may request. Page 12 of 16 @ ISO Properties, Inc., 2000 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insured Except with respect to the Limits of Insurance, and any Rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others Us If the insured has rights to recover all or part of any Payment we have made under this Coverage Part, those Rights are transferred to us. The insured must do Nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us And help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will Mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewa1 not less Than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient Proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast of published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published included material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers of supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not included "mobile equipment". CG00011001 North Bay ConstructIon Jne. LETTER OF TRANSM ITT AL NBC#1619 August 14, 2006 Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RECEIVED AUG 1 5 2006 Attention: Heidi Sigall Nick Nguyen TOWN MANAGERS OFFICE TOWN OF TIBURON SUBJECT: 2006 Street Rehab - Tiburon * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Original 1 each Fully Executed Retention Escrow Agreement Phone 707/763-2891 * * * Fax 707/765-6432 * * * inorbera@nbcinc.net Thank you, 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 m Telephone: (707) 763-2891 - License No. 357560 U FAX: (707) 765-6417 to l)(,- ~ \eo \ (1 A-d,'~ ,qq y ()O \2 ~3 (t II BANK2f PETALUMA A MEMBER OF THE GREATER BA Y BANCORP FAMILY ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement, dated as of July 31, 2006, is made and entered into by and between Town of Tiburon, whose address is 1505 Tiburon Boulevard. Tiburon CA 94920, hereinafter called "Owner," and North Bav Construction, whose address is 431 Payran Street. Petaluma CA 94952, hereinafter called "Contractor," and Bank of Petaluma - Dart of Greater Bav Bank N.A., 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 OWfJ,1~ F~d the Contractor for 2006 Street Rehab - Tiburon in the amount of $834,956.30 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 an interest bearing deposit account. 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 deposit 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: D~~. C>~ f=>.j<3\...\C- NoUS Title On behalf of the Contractor: V.P. & Controller Title ~\~ lP<S Name \ ~\0\ Signature ~ 6uyr;;tJ I j:iJly- Signature 1505 Tiburon Blvd., Tiburon CA 94920 Address 431 Payran St., Petaluma CA 94952 Address On behalf of the Escrow Agent: S.V.P & Relationship Manager Title Dean Abercrombie Name~ $; /' /' / / .'~ .. ,,' , ,,"\' / ' H " <. t' .. V 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 Owner: p\JZ.. ~t ?~f3.uQ ~J)f4c.S Title W~ ~<bu.'1~ Name ' ~~U ~ Signature On behalf of the Contractor: V. P. & Controller Title NiCk, RadO" it--- h4: . Signature On behalf of the Escrow Agent: S.V.P & Relationship Manager Title Dean Abercrombie Name dL d4' Signature 3