HomeMy WebLinkAboutAgr 2003-05-21 (Maggiora & Ghilotti)
TOWN OF TIBURON
TIBURON, CALIFORNIA
ReceIveD
MAY 2 L 20D3
MAGG/OR
GHILOTTI. ~~.
OWNER-CONTRACTOR AGREEMENT FOR THE
2002-03 STREET REHABILITATION PROJECT
tJ J 51
THIS WNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this P day of
;' V. , 2003, by and between the TOWN OF TIBURON, municipal corporation, 1505 Tiburon
Boulevar Tiburon, CA 94920, ("Owner") and MAG6-loM ~ ~ 'l-o-rTf I :r: we... . ("Contractor"), whose
principal place of business is 555" 'buBoIS ST., SAN RAFAeL, tA 9~o( .
, .,
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 2002-03 Street Rehabilitation ("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.
ycJ-I-Oj
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~~~I~'~ij
JUN 0 2 lUQJ
DiRECTOR OF PIIPU( "VI.JI\t\;,
TOWN M f;~R0~
J.... ...
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
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 i~ 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 91775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each
workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any
subcontractor under Contractor.
ARTICLE V
NON-DISCRIMINATION
The Contractor hereby agrees to comply with the provisions contained in Section 5 -1.1 of the Contract Documents.
ARTICLE VI
WORKER'S COMPENSATION INSURANCE
By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code
which require 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.
A-2
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.
ARTICLE VIII
EXHIBITS
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 TIBURON
By ~~r--
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Its /'1(\ ,{ 1,1 I~~ j/,: i ),,-r+ tf 'j~ j( l/(]-f-
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Contractor's License No. J":{ \...' -/ L, +
Expiration Date:
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ALL-PURPOSE ACKNOWLEDGMENT
,1) l1>o~ //1/
County of t {J I t (, II
Cf0:' 1/ i 003
, (DA4E)
personall y appeared
State of California
On
mersonall y known to me
- OR -
J@DIANECRANEIACOPI J:
- Comm.' 1286660
U) -. NOTARY PUBLIC-CALIFORNIA (J)
~ , Marin County -
My Comm. Expires Dec. 8, 2004 ""
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
acknow ledged to me that he/she/they executed
the same in his/her/their authorized
capac i ty( ie s), and that by hi s/her /the ir
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITN..E. }j/.. Y~...h..., ia.nd~Of~/ .'al seal.
li:' / v( /
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NOTARY'S SIGNATliRE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
D ~DIVIDUAL
[]I" CORPORAT~ OFF!CER ~
;;'14/11\... d Zw1! Jh"
TITLE(S) V
D PARTNER(S)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lESj
i lJ1JvllA.
DESCRIPTION OF ATTACHED DOCUMENT
&tt'1A.Y~- (i;~~iY :1-~r~
" TITLE OR T.. YPE 9,F DOCUMENlj /'. o.
(Y-.cXbl- 0200.3 .J!r-e-Q.,,( ~~ck! 12/1
NUMBER OF PAGES ~/j1e tf-
DATE OF DOCUMENT
OTHER
(])
1?
RIGHT THUMBPRINT
OF
SIGNER
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APA 5/99
VALLEY-SIERRA. 800.362-3369
EXHIBIT A
The Sites
The paved public right-of-way located in the Town of Tiburon, California and known as:
Rancho drive from Bay Vista court to Cecelia way.
Lagoon View drive from Ridge road to end of Lagoon View drive.
Paradise drive from east of Main street to town limit.
Reserva lane from Centro East to end of Reserva lane.
Mateo drive from Paradise drive to end of Mateo drive.
Barner lane from Taylor road to end of Barner lane.
Via Capistrano from Via Capistrano to Reed Ranch Road.
Multi-use path from Tiburon Blvd. to wooden gate (approximately Stewart drive).
Tiburon Blvd from Neds way to approximately 500ft east.
A-4
EXHIBIT B
CONTRACT DOCUMENTS
The Contract Documents consist of the documents and other materials listed below. Where reference is made to
documents ands materials not physically included with the bid documents, those materials are incorporated by reference
herein in their most current version as of the execution of the Owner-Contractor Agreement.
The Proposal
The Owner-Contractor Agreement
The Special Provisions
The Proj ect Plans
The Standard Specifications, in so far as they may apply:
The Standard Plans, in so far as they may apply:
The Uniform Construction Standards, in so far as they may apply:
The Project Specifications, as listed in the Table of Contents of the Contract Documents
A-5
EXHIBIT C
CONTRACT PRICES
Bid Schedule A
Item Item Description Quantity Unit Unit Cost Extended
Cost
1 MOBILIZATION (3.250/0 OF TOTAL) 1 LS $ $
2 TRAFFIC CONTROL (4.000/0 OF TOTAL) 1 LS $ $
3 ASPHALT CONCRETE RECONSTRUCTION 4,965 SY $ $
4 AC WEDGE GRIND - 6' WIDE 2,539 SY $ $
5 AC CONFORM GRIND -10' LONG 79 SY $ $
6 AC CONFORM GRIND - 20' LONG 92 SY $ $
7 AC GRIND - 0.15' 6,296 SY $ $
8 6" AC BASE REPAIR 17,034 SF $ $
9 WIDEN ROADWAY 2,000 SF $ $
10 TYPE 1 POLYMER MODIFIED SLURRY SEAL 1,364 SY $ $
11 PAVEMENT REINFORCING FABRIC 4,213 SY $ $
12 ASPHALT CONCRETE 1,422 TON $ $
13 REMOVE &: REPLACE CONCRETE
CURB &: GUTTER 29 LF $ $
14 ADJUST MANHOLE TO GRADE 3 EA $ $
15 ADJUST SANITARY SEWER CLEANOUT
TO GRADE 3 EA $ $
18 ADJUST MONUMENT TO GRADE 16 EA $ $
19 REMOVE YELLOW TRAFFIC STRIPE, PAVEMENT
MARKING &: LEAD COMPLIANCE PLAN 1 LS. $ $
20 THERMOPLASTIC PAVEMENT MARKINGS 1,062 SF $ $
21 4" STRIPE (THERMO) - WHITE 585 LF $ $
22 6" STRIPE (THERMO) - WHITE 7 LF $ $
23 12" STRIPE (THERMO) - WHITE 292 LF $ $
24 STRIPING DETAIL 4 (THERMO)-
CENTERLINE 1,224 LF $ $
25 STRIPING DETAIL 21 (THERMO)-
NO PASSING ZONE 1,602 LF $ $
26 STRIPING DETAIL 22 (THERMO)-
NO PASSING ZONE 331 LF $ $
27 STRIPING DETAIN 27B (THERMO) 730 LF $ $
28 STRIPING DETAIL 38 (THERMO) 470 LF $ $
29 STRIPING DETAIL 39 (THERMO)-
BIKE LANE LINE 2,488 LF $ $
30 TYPE A AND D MARKER 38 EA $ $
31 REFL BLUE MARKER 9 EA $ $
Total Bid Schedule A = $
Bid Schedule B
Paradise Drive - Federal Funds
A-6
Item Item Description Quantity Unit U nit Cost Extended
Cost
I MOBILIZATION (3.250/0 OF TOTAL) 1 LS $ $
2 TRAFFIC CONTROL (4.000/0 OF TOTAL) 1 LS $ $
7 AC GRIND - 0.15' 7,128 SY $ $
8 6" AC BASE REPAIR (DIG OUT) 4,419 SF $ $
12 ASPHALT CONCRETE 722 TON $ $
13 REMOVE &t REPLACE CONCRETE
CURB &t GUTTER 25 LF $ $
14 ADJUST MANHOLE TO GRADE 2 EA $ $
16 ADJUST DRAIN INLET TO GRADE 3 EA $ $
17 ADJUST UNKNOWN UTILITY TO GRADE I EA $ $
18 ADJUST MONUMENT TO GRADE I EA $ $
20 THERMOPLASTIC PAVEMENT MARKINGS 135 SF $ $
23 12" STRIPE (THERMO) - WHITE Il7 LF $ $
25 STRIPING DETAIL 21 (THERMO)-
NO PASSING ZONE 2,240 LF $ $
26 STRIPING DETAIL 22 (THERMO)-
NO PASSING ZONE 378 LF $ $
30 TYPE A AND D MARKER 60 EA $ $
31 REFLECTIVE BLUE MARKER 8 EA $ $
Total Bid Schedule B = $
Total Bid Schedule A + B = $
Grand Total of Bid items 1 through 31 (written)
A-7
A-8
TOWN OF TIBURON
SAMPLE PAYMENT BOND
(Section 3247, Civil Code)
WHEREAS, The Town of Tiburon , acting by and through the Public Works Department, hereafter
referred to as ",Obligee", has awarded to Contractor , hereafter designated
as the "Principal", a contract for the work described as follows:
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to
secure the payment of claims of laborers, mechanics, material, men and other persons as provided by
law.
NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum
of
dollars ($
), for
which payment, we bind ourselves, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named'in Civil Code Section
3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by
such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an
amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case
suit is brought upon this bond, the surety will pay a reasonable attorney's fee to fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right
of action to such persons or their assigns in any suit brought upon this bond.
Dated:
,20_
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
Principal
Surety
(SEAL)
By: Attorney/in/Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.
A-9
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
Town / County of
SS
day of
in the year 20 _ before me
, personally known to
, personally
On this
appeared
Attorney"-inJact
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
this instrument as the attorney...in..-fact of and
acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her
own name as attorney..-in...fact.
(SEAL)
Notary Public
A-IO
TOWN OF TIBURON
SAMPLE PERFORMANCE BOND
(To Accompany Contract)
Bond No.
WHEREAS, the Town of Tiburon, acting by and through the Deparnnent of Public Works, has awarded to
Contractor , hereafter designated as the UContractor", a contract for
the work described as follows:
AND -WHEREAS, the Contractor is required to furnish a bond in connection with said contract,
guaranteeing the faithful performance thereof:
NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the Town of
Tiburon in the sum of $ dollars ($ ),
to be paid to said Town or its certain attorney, its successors and assigns: for which payment, well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, its heirs, executors, administrators, suc'cessors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements
in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept
and performed at the time and in the manner therein specified, and in all respects according to their intent
and meaning, and shall indemnify and save harmless the Town of Tiburon, its officers and agents, as therein
stipulatecL then this obligation shall become and be null and void; otherwise it shall be and remain in full
force and virtue.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this
,20_,
day of
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
Contractor
Name of Surety
(SEAL)
By: Attorney"in"Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.
A-II
CERTIFICATE OF ACKNOWLEDGEMENT
State of California, Town of Tiburon
On this day of in the year 20 _ before me , a
notary public in and for the Town of Tiburon, personally appeared
known to me to be the person whose
Attorney~inJact
name is subscribed to this instrument and known to me to be the attorney~in-fact of and
acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her
own name as attorney-in~fact.
(SEAL)
Notary Public
A-12
BOND NO. 103945682
TOWNOFTIBURON ,PREMIUM: $2,843.00
SAMPLE PERFORMANCE BOND
(To Accompany Contract) "BOND EXECUTED IN DUPLICATE"
Bond No. J 03945682
WHEREAS~ the Town of Tiburon, acting by and through the Department of Public Works, has awarded to
Contractor MAGGI ORA AND GHILOTTI , INC. , hereafte1" designated as the -Contractor"', a contract [or
the work described as follows:
2002-03 STREET REHABILITATION, FEDERAL PROJECT NO. STPL 5388(003)
AND 'WHEREAS, the Contractor is required to furnish a bond in connectionwitl1 said contract,
guaranteeing the faithful performance thereof:
NOW, TIiEREFORE, we the undersigned Contractor and Surety are held Ii rmly bound to the Town or
Tiburon in the sum of '$ FIVE HUNDRED FORTY ONE THOUSAND FIVE * dollars ($ 541, ?41 .00, _),
to be paid to said Town or its certain attorney, its successors and assigns: for which payment, wcll and truly
to be made, we hind ourselves, our heirs, executors and administrators, successors 01" assigns, jointly cUld
sev~ally, finnly by these presents. * HUNDRED FORTY ONE AND NO/1 OOths---~--------
THE CONDmON OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, its heirs, executors, administrators, SUccessors or assigns, shall in all
things stand to and abide by, and well and truly k~p and pe:rfonn the covenants, conditions and agreernents
in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept
and perfonned at the tiJne and in the manner the.reil1 specifiecL and in all respects according to their intent
and meaning, and shallindemni.fy and save hannless the Town of Tiburon , its officers and agents, aH there.in
stipulated, then this obligation shall become and be null and void~ otherwise it shall be and remain in fu 11
force and virtue.
350 CALIFDRNIA STREET,. SUITE 2020
SAN FRANCISCO, CA. 94104
, INC.
BY:
(':j 1\/ I I (.:j ~ \ l h."i-.t j(Y't-':'" lIk.~~~yt
, J Contract:or
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
~,1 N 0 rery (SEAL)
{..- ~~r-'.
: AttomcYJin..Fact
KELLY HOLTEMANN
IN WITNESS WHEREOF, We have hereunto set our
MAY , 20..Q2.
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
NOTE: Signatures of those executing for the surety must be properly acknowledged.
TO FORrv'l
~~~~~'~~
\\11 JUN 0 2 l003
A-ll OIRE~-rg~o6:~I~~~~ORKS
CERTIFICATE OF ACKNOWLEDGEMENT
State of California, Town of TibW'OD . ***** SEE ATI'ACHED *****
Onthis27tv\ dayof ~ inthcyear2003beforemei~'W~..:l~~~'l----' a
notarypubliein and for the Tob of Tiburon, personally appeared ~_.'-\~ l-~~'--c~\' __I
known to me to be the person wh()se
Auomo/..inJact
name is subscribed to this instrum.ent and knovvn to me to be the attorney..in..fact ofj)\cr{I,\lil,ft- d{.,~eifiand
acknowledged to me that he/she subscribed the name of the said company thereto as surety, and hislhcr
own name as attorney-in-fact. ~~'-->--:--
(SEAL) Notary Public
1W1". PETRAY c
. .... tIaM4 (I)
NOTARY PUIUC · CALIFORN'A (J)
'. MAR1H COUNTY ...
: ,'. My Comm. Expires July 15. ~~
).v-.::;;~. ~ - - - - - - _.~ - ..
A-12
CALIFORNIA ,ALl"!'PURPOSE ACKNOWLEDGM'ENT
/.10.5907
.,..
state of
. ....County.of
CALIFOBNIA
, SONOMA
On
5-27-03
DATE
before me., . BONNIE K. FRYMIRE, NOTARY PUBLIG
NAME. TITL.E OF.OFFICER. aG., ".lANE DOE, NQ'FARY PUBLIC"
personally appeared KELLY HOLTEMANN _____.~ .. _
, . , '. N~(S). OF SlGNER(S) .
.. . DQ personally known to me -.oR - 0 proved to me' on the basis of satisfactory evidenbe .
. . .. to be the person,(~ whose name~ islm
, subscribed to the within InstruITlent -and 80'-
knowJecjged to-me that~she~ .exeoute9
the :~ame in ~h~r~ au1'horiz.ed.
capaqity~, ~nd. that by .H1I/h'er~
sign'a1ure(l) on the instrument ~he person(<<), . . ,
or. the 'entity upon behalf of which the
,.persqn(.I) acte~~. ~xecute~.the i.nstrument.
~
~
1'@, ':',~"~ AA ~ ~;F:~;L.S~l~.A1:1~2;7~ ., .,1
,";,., .F : BONNIE K. FRYMIRE z
5 .' ~ '. - NOTARY PUBLIC. CALIF. ~ -
z ,~. COUNTY OF SONOMA ~:
11 ,My Comm: F..xp. April 28, 2007 I
~~Y~~YY~Y~.TYYT.~.YT...T2I
WJTNESS'my hand and official seal..
Imvn \ '
......w~~r
OPTI'ONAL ~
~
..J
Though the data below is not required by Jaw, it-may. prove valuable to persons relying on the document and could. pr~vent
'fraudulent reattachment of this form. ' , . . ,
~
j
, :CAPACITY CLAIMED .BY SIGNER
o .INDIVIDUAL ' ,
o CORPORATE OFFICER
:DESCRIPTIO"N OF ATTACHEDDDCUMENT .
TTTLE(S)
. PERFORMANCE BOND
TITLE OR TYPE OF-DOCUMENT
o PARTNER(S)
0; LIMITED
o GENERAL
~ ATIORNEY-JN-FACT
o TRUSTEE(S)' , .
o GUARDIAN/CONSERVATOR
[J OTHER: '
TWO "
NUMBER OF PAGES
MAY 27th, 2003'
DATE OF DOCUMENT
SIGNER IS REPRESENTING~
I NAME OF PERSON(S) OR ENTl1Y(IES)
TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA
N/S
SIGNER(S) OTHER THAN NAMED ~ SQVE
_I
~'993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O, Box 7184. Canoge Park, CA 91309-7184
TOWN OF TIBURON
SAMPLEPAYMENTBOND BOND NO. 103945682
(Section 3247. Civil Code) "BOND =~~CL=CATE"
WHEREAS, The Town of Tiburon , acting by and through the Public Works Department. hereafter
referred to as "Obligee", has awarded to Contractor MAGGIORA AND GHILOTrI, ~~ereafter designated.
as -the "Principalft, a contract for the work described as follows: 0 STPL 5388 (003)
2002-03 STREET REHABILITATION, FEDERAL PROJECT N .
AND VVHEREAS~ said Principal is,required to furnish a bond in connection with said contract, to
secure the payment of claims of laborers. mechanics, .lI1ateri~ men and other persons as provided by
law.
NOW, TIIEREFORE, we the undersigned Principal and Surety are bound unto the ObI igeein the sum
of
FIVE HUNDRED FORTY ONE THOUSAND FIVE HUNDRED ~RTY ONE * dollars ($ 541 ,541 .00 ), for
which payment, we bind ourselves, joindy and severally.
* AND NO/100ths---....-
'!HE CONDmON OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named in Ci.'vil Code Section
3181, or amounts due under the Unemployment Insurance Code with respect to work or lahor performed by
such claimant, or any amounts required to be deducted~ withheld, and paid over to the Franchise Tax Board
for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation Code~ with respect to such work and labor, that the surety herein will pay for the same. in an
amount not exceeding the sum specified in this bond, otherwise the above obligation shall be- void. In case
suit is brought upon this bond, ~e surety will pay a reasonable attorney's fee to fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right
of action to such persons or their assigns in any suit broug t p~n this-b
Dared:
MAY 27th
7 20 03
BY: (;r\ Y":, (iI,! l'~++.i ~\>, ( L~ 1\-;.
,._J I
Correspondeneeo! claims relating to this bond
should be sent to the surety at the following
address:
350 CALIFORNIA STREET, SUITE-2020
Principal
TRAVELERS CASUALTY AND SUREI'Y COMPANY -OF AMERICA
Su, rety ~ ~(SEAL)
, ~~-
By: Ano ey-in.- FaL't, KELLY HOLTEMANN
SAN FRANCISCO, CA. 94104
NOTE: Signatures of those executing for the surety must be properly acknowledged.
.'
APPROVED A~TO FORM
~ Z:~RTH -
TOWN ATTORNEY
TOWN OF TIBURON
A-9
State of California ,
Town I County of \'{\ ~\"L,~,:'"
On this d=*'" day of vY'vfl..-- ~ in the year 2({)3 before rnel\'\OOTI"'~J Vl;T\l~personally
appeared . C?J\{!,d,\ l,,\~ Il"\,,, ,pc.rSonallyknOWD to -,
Attorncy~in'Jacl
me (or proved to me on the basis of satisfactory evidence.) to be the person whose name is subscribed to
this instrument as the attorney...in--fact of '''\\{~b &ac-t--~~ <.\ lo \--..\~ ,,'" and
acknowledged to nlC that he/she subscribed the name of the sai.d company t ereto as surety, and his/her
own name as attorney-in-fact. (~~~'--. .::.:.
(SEAL) , Notary Public
CERTIFICATE OF-ACKNOWLEDGEMENT
55
***** SEE ATrACHED *****
'~----1r-1 ~~ -- r -f
l~-~- 3RL~
'" \, ~",t ' IA" COUITY
; '-." t'" ('~~.,," Explret July'S. !OO:l
'/"",-,' .~,~.... ~ - - - - - - -
l'
A-10
CALIFORNIA .AL.LI!'PURPOSE AC'KNOWLEDGM'ENT
No. 5907
:, )
State of
.....Coun1Y",of
OALIFORNIA
,SONOMA
On
. 5-27 ~03
DATE
before, me, .
BONNIE K. FRYMIRE, NOTARY PUBLIC
NAMe, TITlE OF.OffiCER- aG., "JANE DOE, NQTARY PUBLIC"
'personally appeared
, " N~ME(S) OF SIGNER{S)
Qg pers'onafly knowri to me - OR - 0 proved to me on the basis of satisfactory evidenCe .
. to be the person.(~) 'whose name~ is/BJe
. subscribed to the within Instrum,ent ~and ac-
knowledged to -me that~she~exeoute9
the :same in ~her~ authorized.
capa.oity~, ~nd. that by .HD/h'er~
sign'ature(l) on the instrument the person(s:), . .
or. the 'entity upon behalf of wh ich :the
~persqn.(E) acte~~. ~xecute~,'the i.nstrument.
KELLy HOLTEMA:NN ---~---- <
,JI..@...., ..~, ....,.., .... ~;F~;~l~S~:'''':1''2~;2'' .&.,t
~ / ...... BONNIE' K. FRYMIRE- z
5 4' NOTARY PUBLIC - CALIF, ~
Z " '. COUNTY OF SONOMA .:.... .
I My Co~, Exp. Apnl28, 2~7 IJ
1 T.......T~........T..~
....-...........- . .
WJTNESS'my hand and official seaL
'~~3~
'. ". '" ~tGNA'J'iJAE r TARY. ' .
OPTlONAL'
~
, ~
~
...
Though the data below is not required by law, It,may. prove valuable to persons relying on th~ document and could pr~vent
'fraudulent reattachment of this form.' , .
~
~
, :CAPACITY CLAIMED.BY SIGNER
o .INDIVIDUAL . ,
o CORPORATE OFFICER
.QESCRlprlON OF ATTACHED DOCUMENT .
mtE(S)
. , PAYMENT BOND
TITLE OR TYPE' OFDOCUMENT
o PARTNER(S)
D--L1MITED
o GENERAL
TWO
NUMBER OF PAGES
~ ATTORNEY-IN-FACT
o TRUSTEE(S)' . .
o eUARDIANlCONSERVATOR
[J OTHER: '
'I '
.MAY 27th, 2003
DATE OF DOCUMENT
SIGNER IS REPRESENTING~
NAME OF PERSON(S) OR ENTI1Y(IES)
TRAVELERS CASUALTY AND SURErY COMPANY
OF AMERICA
N/S
SIGN ER(S) OTHER THAN NAMED.,.tJ.... SOVE
)
. ) ,
.l
lCl199S NATIONAL NOTARY ASSOCIATION -8236 Remmel Ave., P.O. Box 7184. Canoga P2r~:, CA 91309-7184
, '~~
'n-~velers
L' ~.
. . . '. " . ' .
.. IMPORTANT-DISCLOSURE NOTICE OF TERRORISM INSURANCE
~. . COVERAGE
.
On No~mber 26, 2002,president, Bush, signed into law 1tle
, Terrorism RiS~lnsurance .:Act of 2002 (the' "Act'j. The Act
est$iishes a short-term pltlgram under' which .the Federal
Government wi" $~re .intl1epayrnent of cqve/"ed I6sSlescaused~by
certain' acts of international te.rrorism. We are'provlding yqu with
this -notice to. inform .you of the :key features .of.ihe Act, <lnd 10 let
you'knowwhat effect,.if anY.iheAetwUr-navs,on you~ pll5mium.
'1UrU:Ier:the Act, jnsurerS ,are .J9qUirecltoproVid~cD~e foro:oerfain .
loss~ ,caused .by. intematlonalaclsof. :terrorrsmas cdefinecl.in 1tw
Act. itf1e Act "further Provides that 1I1e Fedeicll-Govemmentw," pay
a :share ,Of $uChlosses.:$peclficallY, :the Federal Govemment wJII
.pay .90% 'of the amount OJ'covered .'D$Ses caused by >Certain acts ~f
t!morisrn whiCh is .in . '6XCeSS ofi'raveJers" .siatutt:niIYestabrrshed .
. 'dSducftble for fhatyear. The :Ae1alsotlaps1he .amount.of1E!n:onsri1-, .
'related 'losSes 'for which :ther=ei:feral :Sovemmentor an 'insurer can
' .be ;responsible at:$1 00,000,000;000.00; iproVlded 1hat;thelns~rer
. h~ met its..deductibfe. '. " . , .
. ,
! .Please ,note:.that paSsage oHile Act does not 'l'esultiil ;~ny:cliange
ineoverage under the atiachedpoficy :orbona (orihe :policy or bonci '
being' quoted). · 'Please also note that' no se~rate .additional '
, ::pF,emiUBil, charge 'has been 'tTlade for :theterrotlsm :e>>verege.',,,
. reqUired by the Act The premium 'charge 1hat is allocable to .such
coverage is inseparable '!'rom and 'imbedded 'In your .oVerall
premium, and 1~ no"mL?re~than'one Percent of.yourpremium. '
IN W'ITNESS ''WE:EREO~; T:RA:VELERS. CASUALn" , AND S11RETY COl\1PANY OF .AMElUCA, ~'VELE:RS
CASU.ALTY,AND STIRE1;Y, COMP~ and FARMINGTON CASUALTY CO~ANY have caus~ this instrument to be
signed by their Senior Vice President and their corporate, seals to be hereto a.:ffixed this 11 thday of December 2000.
STATE OF CO:N.NECTIcui
}SS. Hartford.
COUNTY OP'HAR.'IFORD .'
. . .
~VELERS CASUALTY .AND ~TY COMPANY OF ~CA
TRAVELERS CASUALTY AND SURETY COMPANY
. F.A:RMING~ON CASUALTY COl\1P.A:NY
. .
.. -~<:::Y";"~ -
By' . . .
.' {3eorge W. Thompson
Senior Vice President.'
'-
,,~ ..
. .. " .
On.thiS 11th day ~J?ecembe;'t 2000 before me persomiIly'came GEORGE W. THOMPSON to 'me known, ~ho!bemg by me duly
sworn, did depose aJJ.d: say: that he/$.e is Senior Vice ~residentofTRAVELERS CASUALTY .AND ~t1RET'Y ~O.MP:ANY OF
~C.A., TRAVftT.~RS,'CASU.ALn .AND stmETY CO~ANY and FARMINGTON .CAsuALTY CO~.A.NY, tl1e:
COXPmaUons desCribed. in and. which. executed the' '~ove .instrnmeitt; ihat helsl1cknows the seals Of said ccrp~ons; thai: tb.e seals
'affix:ed to ~ siridiIIstroment are such COIporate s~; and.that helshe ~.tb.e said instmmeitt -on beha1f o:f ~ COrp~ODS by .
autltbrity.ofhislher afiice underthe Standing:R.esolutiOIlSthereof:. " . ..' " .
. .'
.~~..c.-:~..
't>\: . .
My commission expires June 30, 2001 Notary Public
Marie C.Tetreault
,.
CER..T1FICATE
I, 1:b.e" mmermgned, Assistant' Secretary Of .m'V.ELlms I.CASUALTY ~ ..stT.RETY. COMPANY OF .AM:EmCA,
TRA.V1r.T:W.:R.5 CASD.ALTY..Alm s:u:R:tTY Ce:MPANY'a.nd'FARMINGTON CASUALTY'CO:MPANY, stock corpoiatic.ns of
the" State of C~cut, .DO.EEREBY CERTIFY that'1;b.e faxegoing and attached.Power of Attom~ and Certificate .of AUthority
~mR;n~ in :fu.1l fo~ ~ 'has 'not been reVoked; and :furth:enJ:toI', that the."Standing Resolutions of the Boards of :I;lirecto1:s~ as. set
forth. in the C~e ~ .At;d:b.~.tytare ~OW in forCe. . .,',
Signed and ~eal.ed at 1he Home Office of the COmp~t in the Citr of,~ State of.coIID.ecticut. Dated this 27th day of :
. v 00-': .... .
. . MAY . .' . , 2 ;;. .' . . . . .' '.' .
. .
. ...~-IU..~
By.. . '.:. _'.
Kori M. .Johanson .
" Assistant Secretary, Bond .'
AC~RDTM
CERTIFICATE OF LIABILITY INSURANC~G8r~~ K DA~E~~~~D70)3
EIV E THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
REC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
MA'( 7 7 2003 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fax: 707 -782 - 9300 INSURERS AFFORDING COVERAGE
MAGGIORA INSURER A: Navigators Insurance Co.
GH1LOTTI. INC. INSURERB: Nationwide Mutual Insurance CO
INSURER C: Liberty Mutual Insurance Co.
.ODUCER
Don R~atici Insurance, Inc.
P.O. Box 551
Petaluma CA 94953
Phone: 707-782-9200
INSURED
Maggiora & Ghilotti, Inc.
555 Dubois Street
San Rafael CA 94901
INSURER D:
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,
INSR TYPE OF INSURANCE POLICY NUMBER b~~lfrM~b~W::-YE P~.k+~~~~6~J}?N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
f---
A X COMMERCIAL GENERAL LIABILITY GL207800 09/01/02 09/01/03 FIRE DAMAGE (Anyone fire) $50,000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000
X XCU Included PERSONAL & ADV INJURY $1,000,000
-
~ Brd Frm Prp Dmg INDEPENDENT CONTRACTORS GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
I !Xl PRO- nLOC
POLICY X JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1,000,000
B X ANY AUTO ACP7820669802 09/01/02 09/01/03 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS BODILY INJURY
- $
X NON-OWNED AUTOS (Per accident)
f---
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $5,000,000
C [J OCCUR D CLAIMS MADE LQ1B71192548012 09/01/02 09/01/03 AGGREGATE $5,000,000
$
=1 DEDUCTIBLE $
RETENTION $0 $
WORKERS COMPENSATION AND f5R~T6~~TS I IOJH-
ER
EMPLOYERS' LIABILITY
E,L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
OTHER
......, ~ ~ ~ ~ W ~ .....,
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder.
JOB: 2002-03 Street Rehabilitation Project-M&G#7411 JUN o 2 2003 ....
DIREC:rOR OF PUBLIC WORKS
30XANF160 TOWN OF TIBURON
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
TIBUR05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL~ MAIL ~ DAYS WRITTEN
Town of Tiburon, its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, U:lWIIII_-T T 8' III !.L
officials, employees & agents ..... ~""_ .......... ......_...I_~. .":'J... ~I' LIA_,,,,,, I ...,. ".... I "11'1_ "'I "'I" . I II... II'I"'UI'~", II oJ ,....U~I.. I oJ '-'.,
Deptartment of Public Works
1505 Tiburon Blvd. "R!m!I.IIT TI .1.
Tiburon CA 94920 AUe::ZE~R:ECE -)-
I -::-r----
ACORD 25-S (7/97) ~--- ~ vvvv' CORPORATION 1988
Policy Number: GL207800
Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT
CAREFULL Y.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Town of Tiburon, its officials, employees & agents
1505 Tiburon Blvd.
Tiburon, CA 94920
RE: 2002-03 Street Rehabilitation Project
(If no entry appears above, information required to complete this endorsement will be
shown in fhe Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) 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" for that insured by or for you.
CG 20 10 11 85
Copyright Insurance Services Office, Inc. 1984
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FU NO CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MAY 23, 2003
GROUP: 000430
POLICY NUMBER: 73-2002
CERTIFICATE 10: 539
CERTIFICATE EXPIRES: 10-01-2003
10-01-2002/10-01-2003
TOWN OF TIBURON
1505 TIBURON BLVD.
TIBURON CA 94920
2002-03 STREET REHABILITATION
PROJECT
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance 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.
~
,&~ c. &L
AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2002 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
MAGGIORA & GHILOTTI, INC
555 DU BOIS ST
SAN RAFAEL CA 94901
selF 10262E
rEPF-UI: BO 1
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between Town of Tiburon whose
address is 1505 Tiburon Blvd. Tiburon. CA 94920 hereinafter called "OWNER" and Maaaiora
& Ghilotti. Inc. whose address is 555 DuBois Street. San Rafael. CA 94901 hereinafter called
"CONTRACTOR" and WestAmerica Bank whose address is 1108 Fifth Avenue. San Rafael.
CA 94915 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,
Contractor has the option of depositing securities with Escrow Agent as a substitute for retention
earnings required to be withheld by Owner pursuant to the Construction contract entered into
between the Owner and Contractor for 2002-2003 Street Rehabilitation Project, in the amount
of $ 541,541.00 dated 5/28/03, (hereinafter referred to as the "CONTRACT"). Alternatively, on
written request of the contractor, the owner shall make payments of the retention earnings directly
to the escrow agent. When 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
Contractor. Securities shall be held in the name of WestAmerica Bank and shall designate the
Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such 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 retention earned directly to ***the Escrow
Agent***, the Escrow Agent shall hold them for the benefit of the Contractor until such time as 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. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow
Agent in administering the Escrow Account and all expenses of the Owner. The Owner,
Contractor and Escrow Agent shall determine these expenses and payment terms.
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 Contractor and shall be subject
to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from the
Owner to the Escrow. Agent that Owner consents to withdrawal of the amount sought to be
withdrawn by the Contractor.
7. The Owner shall have the 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,
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, Escrow Agent shall release to 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 payment of fees and
charges.
9. 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 Escrow Agent harmless from 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 contractor in connection with the forgoing,
and exemplars of their respective signatures are as follows:
On behalf of Owner:
On behalf of Contractor:
30tlAJ ~~u.,
Title
President
Title
Na
Signa u e
l~ ~ flJJ ~ 6..u1\.
Address
555 DuBois Street
Address
~~l rJr ttl{'tz.o
Address
San Rafael. CA 94901
Address
On behalf of Escrow A~ent:
V I ~ (P /l2.4l cU1{,1
Tit~73
t:fNY(!~ fI ' (jE~~
Nam~ e&~
Si~ture ~ .
1108 Fifth Avenue
Address
San Rafael. CA. 94915
Address
APPROVJ;,D D~.. TO FORM
~~
ANN ANFORTH
TOWN ATTORNEY
TO\^'N 0F TIBURON
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, Escrow Agent shall release to 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 payment of fees and
charges.
9. 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 Escrow Agent harmless from 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 contractor in connection with the forgoing,
and exemplars of their respective signatures are as follows:
On behalf of Owner:
On behalf of Contractor:
~ ~~AA~
Title
h. ~ti~ ~
President
Title
J~~ 1\~~,,~ g{vA.
Address
555 DuBois Street
Address
11\6~~ c...~ 'f4C;20
Address
San Rafael, CA 94901
Address
Sig ure
11 8 Fifth Avenue
Address
San Rafael, CA. 94915
Address