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Home My WebLink AboutAgr 2000-10-13 (Maggiora & Ghilotti) ~ ~ ~ - - TOWN OF TIBURON 1505 TIBURON BOULEVARD' TIBURON . CALIFORNIA 94920 . (415) 435-7373 FAX (415) 435-2438 /0 ,- I}--do November 8,2000 ~}ro Mr. Matthew Petray, Controller Maggiora & Ghilotti, Inc. 555 DuBois Street San Rafael, CA 94901 SUBJECT: GREENWOOD BEACH DRAINAGE IMPROVEMENTS CONTRACT Dear Matthew: Enclosed for your files are two signed copies of the Contract documents for the above project. Thank you again for your cooperation in this matter. Enclosures cc: T own Manager' Town Attorney Town Engineer (w/enclosure) ~ '- RECEIVEL, OCT 1 0 2000 MAGGIORA & GREENWOOD BEACH GHILOTTI, INC. DRAJNAGEIMPROVEMENTS SECTION 00500 TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE GREENWOOD BEACH DRAINAGE IMPROVEMENTS 3 ~ TIllS OWNER-CO~CTOR AGREEMENT ("Agreement") is made and entered into this ~ day of g) C Iv , 200~, by and between the TOWN OF TIBURON, a municipal co~oration, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and HAmIORA AND GHrr.n.!:l'I, INCwhose principal place of business is 555 Dubois Street, San Rafael, ("Contractor"). CA Y4YUl 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 tenns 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 Owner, the GREENWOOD BEACH DRAINAGE IMPROVEMENTS ("Project") upon that real property located in Tiburon, California more particularly depicted on Exhibit A (the "Site"). The Project is that described and reasonably inferable from the drawings ~d specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the perfonnance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The tenn "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PAYMENT Attention is directed to Article 8 of the General Conditions. 00500-1 Town ofTiburon OWNER-CONTRACTOR AGREEMENT "- ARTICLE ill TIME FOR PERFORMANCE Section 3.1. Time of Comoletion: Attention is directed to Section 8-1.06. "Time of Completion" of the Standard Specifications. CONTRACT ARTICLE IV PREY 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 on request. The holidays upon which such 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. Contractor shall post the Prevailing Rate Schedule at the Site. Contractor 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 under the Contract Documents or any work done by any subcontractor under Contractor. Contractor shall comply with the payroll records requirements set forth in Section 15.6 of the General Conditions and the provisions in Section 15.4 of the General Conditions concerning apprentices and shall be responsible for causing all of Contractor's subcontractors to comply with these requirements and provisions. ARTICLE V NON-DISCRIMINA TION The Contractor hereby agrees to comply with the provisions contained in Article 14 of the General Conditions regarding non-discrimination, equal employment opportunity and affirmative action. 00500-2 Town ofTiburon OWNER-CONTRACTOR AGREEMENT "- 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. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B Contract Documents Exhibit C U nit Prices III III III III III III III III 00500-3 Town ofTiburon OWNER-CONTRACT AGREEMENT - IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year frrst hereinabove written. APPROVED AS TO FORM: By // /r Ir Town Attorney CONTRACT~ ~ By -,' . f Its l.. ~ Contractor's License No. 22 Ce ., ~ 7 Expiration Date: ~.... 3 \ .. 0 , CERTIFICATE OF ACKNOWLEDGMENT ........................................................................................................................... . : State of California '} On \0 ~ \ ~ - 00 before me, : 0 55. (date) (name and title of officer) : n \1\'\ ~1..,~ : Cou tyof f<'Pr-~~ ~~~) \.JC)~w) , personally appeared i · ~~b~~, , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument MAn w p~.::~ r'~ and acknowledged to me that he/she/they executed the same in his/her/their ..HIE, 12r,;,,~:; , - authorized capacity(ies), and that by his/her/their signature(s) on the instru- . ,"'......'/.., _fUIUO. CALlfO:-;:H.\ IA ment the person(s), or the entity upon behalf of which the person(s) acted, .. COUNTY ..... executed the instrument. ....AltU.2003 w~ ~ Notary's Signature ........................................................................................................................... ... GREENWOOD BEACH DRAINAGE IMPROVEMENTS EXHffiIT A The Site The vicinity of the easterly end of Greenwood Beach Road and Blackie's Pasture. I 00501-1 Town ofTiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS '- EXHIBIT B CONTRACT DOCUMENTS The Contract Documents consist of the documents and other materials listed below. Where reference is made to documents and 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 General Conditions: The Project 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. The Special Provisions 00501-2 Town ofTiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS GREENWOOD BEACH DRAINAGE IMPROVEMENTS EXHIBIT C CONTRACT UNIT PRICES ITEM UNIT . EST. UNIT No. DESCRIPTION MEAS. QUAN. PRICE AMOUNT 1. Drainage Channel 40,500 - Grading Lump Sum - - 2. Planting Lump Sum - 45", 000 - - CJf,.OO 3S; 520 - 3. 24" Storm Drain Ln.Ft. 370 ... 4. 6" PVC Ln.Ft. 53 54.00 Z 8"L I 5. Type "B" Manhole Each 3 5S-00.()O /0,500 - 6. / 800.00 ), 800 - Drop Inlet Each 1 '1 ~E30 - 7. Light Class Rock Tons 6 280.00 /378(;2 - Total Bid " 00501-3 Town ofTiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS ACORD,M CERTIFICA"-'~ ~F LIABILITY INSUr' ~~~Gi~l DA~E~~M~~7~)o PRGDUr:ER h l: IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 0 C T 1 2 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 I Phone: 707-782-9200 Fax: 707-782-930~AGGlllRA & i INSURERS AFFORDING COVERAGE INSURED GHILOTTI INC ! INSURER A Legion Insurance Co. , . I ~SURERB Nationwide Mutual (Allied) Maggiora.& Ghilotti, Inc. ~RC Nat'l Union Fire Insurance Co. 555 Dubol.s street I INSURER D of Pittsburgh PA San Rafael CA 94901 ~ ' I 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. I~fr---u-~~~E OF INSURANCE POLICY NUMBER b~f~C~~b5?J~YE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000 , 000 A X COMMERCIALGENERALLlABILlTY GL20990442 09/01/00 09/01/01 FIRE DAMAGE {Any one fire) $ 50,000 1-------' CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5 , 000 _____ .__, ~___ ____~ BROAD FORM PROP. DAMAGE ~~RSONAL & ADV INJUR~ $ 1 , 000 , 000 _~~_ INDEPENDENT CONTRACTORS ' GENERAL AGGREGATE '$ 2,000,000 PRODUCTS - COMP/OP AGG $ 1 , 000 , 00 0 LOC COMBINED SINGLE LIMIT $ 1 000 000 B X ANY AUTO ACP7800669802 09/01/00 09/01/01 (Eaaccident) " ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY I X NON-OWNED AUTOS (Per accident) $ ---'--~----,--- I PROPERTY DAMAGE I $ , (Per aCCident) I : GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 9, 000 , 000 I~ C OCCUR LJCLAIMSMADE BE7403503 09/01/00 09/01/01 AGGREGATE $ 9,000,000 $ DEDUCTIBLE $ , RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY $ E.L, DISEASE - EA EMPLOYE $ i E,L, DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder * 10 days notice will be sent on nonpayment JOB: Greenwood Beach Drainage Improvements, M&G #4832 30*CG2010 11/85 CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION TIBUR05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Town of Tiburon its ff' . I I' & t IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR o l.Cl.a s, emp oyees agen s 1505 Tiburon Blvd. REPRESENTATIVES. Tiburon CA 94920 ACORD 25-S (7/97) ORPORATION 1988 Policy Number: GL20990442 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY. 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 - Additionally Insured's: Town of Tiburon, its officials, employees & agents 1505 Tiburon Blvd. Tiburon, CA 94920 gf no entry appears above, information required to complete this endorsement will be shown in the eclarations 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. Cl~ 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 A_CJlflJ:t CERTIFICA ..-..- "F LIABILITY INSUr ~ ~ ~R SD I DATE (MMIDDIYY) GGI-1 10/11/00 - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRuDUCER ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.o. Box 551 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 I Phone: 707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE I INSURED ! INSURER A state Compensation Ins. Fund I-- ~RB Maggiora & Ghilotti, Inc. I INSURER C 55 Dubois street !INSURER D --- San Rafael CA 94901 --- I i 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 : b2Hf7Mif,b57J~YE P~.ki~1ri~rti~W~?N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ :- - i , COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 1---+--- I CLAIMS MADE OCCUR MED EXP (Anyone person) $ -L-- I I PERSONAL & ADV INJURY $ -. - ---~-_._-- ~ GENERAL AGGREGATE $ I GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ r i POLICY :1 j~T nLOC 1 : AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I I (Ea accident) $ ANY AUTO I I- -j I -- ALL OWNED AUTOS I BODILY INJURY r---~ (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY --- I (Per accident) $ NON-OWNED AUTOS I - --_.._._-~ - -~ ---- -- --~ ---- PROPERTY DAMAGE 1$ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ - ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ - -, [J CLAIMS MADE - . I OCCUR AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC::iIATU- I I01H- X TORY LIMITS ER A EMPLOYERS' LIABILITY 4307300 10/01/00 10/01/01 1$ 1,000,000 EL EACH ACCIDENT E.L. DISEASE - EA EMPLOYE~ $ 1 , 000 , 000 ! E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER I I I i I I i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder * 10 days notice will be sent on nonpayment JOB: Greenwood Beach Drainage Improvements, M&G #4832 30* CERTIFICATE HOLDER ! N 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 ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Town of Tiburon, its officials, employees & agents IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1505 Tiburon Blvd. REPRESENT A TIVES. Tiburon CA 94920 (~ C ~ - ACORD 25-S (7/97) ~QJ..AA.~ ~; CORPORATION 1988 MAGGI ORA a GHILOm, INC. LETTER - - TRANSMITTAL ENGINEERING CONTRACTORS 555 DUBOIS STREET SAN RAFAEL, CALIFORNIA 94901 (415) 459-8640 FAX (415) 459-2065 DATE \ 0- \ C\ ... o::J J BNO. 4~3'l ATTENTION D~ ~ RE TO . ,(\N.t!- ~~ ~ C-W' T~ ~ \:\~ I t U\~v'i'~ rvr;/\r\!;~.G[R.s CFF:~~:'r TOWi (: I" "'r,' GENTLEMEN: WE ARE SENDING YOU ~aChed o Under separate cover via the following Items: o Shop drawings 0 Prints o Plans o Samples o Specifications o Copy of letter o Change order 0 COPIES DATE NO. DESCRIPTION Z f'J~tr-(\.:,- ~ X)e~ t') -... ^ I --Z/ ~ v~l_;~~ ~ ~~ __ \ "'^ ~r--~ ,~..~~ J '. THESE ARE TRANSMllTED as checked below: o For approval o Approved as submitted o Resubmit copies for approval o For your use o Approved as noted o Submit copies for distribution o As requested o Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE 19 o PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: M~11(6193) REC~- - ~D lC1 '8 200;] ":BOND ISSUED IN DUPLICA'IE" MAGGIORA & SECTION 00551 :BOND NO. 005SB103370449BCM GHILOTTI, INC. PREMIUM: $405.00 CONTRACTOR'S PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That MAGGIORA AND GHILO'ITI. INC., SSS DUBOIS STREET, SAN RAFAEL, CA. g4g01 as Principal, and TRAVELERS CASUALTY AND SUREI'Y COMPANY ** incorporated under the laws of the State of CONNECTICUT and authorized to execute bonds and undertakings as sole Surety, are held and firmly bound unto the Town of Tiburon. a municipal corporation ("Town "), in the sum of NINETY THOUSAND IDLLARS AND NO/100ths---------- (DOLLARS) ($90,000.00); for the payment thereof, well and truly to be made, said Principal and Surety bind themselves, their administrators. successors and assigns, jointly and severally, fIrmly by these presents. ** OF AMERICA The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain contract with the Town : GREENWOOD BEACH DRAINAGE IMPROVEMENTS (PROJECT TITLE) the award of which said contract was made to ~aid contractor by the Town Council of the Town, on OCTOBER 4th.. 2000 as will more fully appear by reference to the minutes of said Council of the Town of said date. NOW. THEREFORE, if the. Principal shall well, truly and faithfully perform its duties, all the Wldertakings, covenants, tenns, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Town, with or without notice to the Surety, and ifhe shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Town from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Town all outlay and expense which the Town may incur in making good any default, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time. forbearance or waiver, prepayment or delay in payment, alteration or addition to the tenns of tile contract or to the work to be performed thereWlder or the specifications accompanying the same shall in no wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, forbearance or waiver, prepayment or delay in payment, alteration or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby expressly acknowledges and agrees to be bound by the terms and conditions contained in the contract documents and any amendments and/or modifications thereto, and said contract docwnents, and modifications are hereby incorporated in this performance bond as though fully set forth herein. IN WITNESS WHEREOF, this instrument is executed this 10th day ofOCTO~ooL. 00551 - J Town ofTiburon CONTRACTOR'S PERFORMANCE BOND SURETY (T e COrrrYy Name) OF TRAVELERS UAL AND SURETY COMPANY . './ /"1 --- AMERICA 21YLUZ,/-J; . -- v0t.e-, By: By: ' BONNIE K. FRYMIRE " ATTOR~-IN-~~CT '..,/ Title Title By: N/A By: N/A Title Title Address: 225 LENNON LANE, SUITE 200 WALNUT CREEK, CA. 94598 (Affix Corporate Seals) (Attach Aclmowledgments of both Principal and Surety signatures.) Oc~ ~ ~II( , 200!..... Approved by the Town Attorney of the Town ofTiburon on the day of By: h~~ CERTIFICATE OF ACKNOWLEDGMENT ........................................................................................................................... . . tD' l~-~ : State of California }ss. On before me, . (date) (name and title of officer) . . "- . : County of M'A,,"",~ (V\. Pr,,\~ PEi~\ . "-b~\""\...'i- ' personally appeared . . . . G~Q:,", l~~Lb~'\\ . . , . . personally known to me (or proved to me on the basis of satisfactory evidence) . [ . to be the person(s) whose name(s) is/are subscribed to the within instrument . . a MATTHEW PETRAY . and acknowledged to me that he/she/they executed the same in his/her/their . . COMM. , 1211I44 c . authorized capacity(ies), and that by his/her/their signature(s) on the instru- . NOTARY PUIUC. CM.FoRNIA = . ment the person(s), or the entity upon behalf of which the person(s) acted, . .... OOUIIIY ... . . My c.... ....". executed the instrument. . . . WITNESS my hand and official seal. . . ~- . . . . ~ - . Notary's Signature . . . ............................................................................................................................ CALIFORNIA ALIrPURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On 10-10-00 hef ore me, BONNIE K. FRYMIRE. NOTARY PUBLIC , DATE NAME. TIne OF OFACER . E.G.. JANE DOE, NOT MY PUBUC personally appeared KELLY HOLTEMANN ------------------------------------------ , NAJ.AE(S) OF SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is/~ subscribed to the within instrument and acknowledged to me that mwshe/~ executed the same in h8her~ authorized capacit(~y, and that by ~er/~ ... ............. ..... .... ... signature~ on the instrument the person~ OFFICIAL SEAl- 1217287 I CC... BONNIE K. FRYMIRE :z or the entity upon behalf of which the () ~ ~ NOTARY PUBLIC - CALIF ~ personOO acted, executed the instnnnent. Z" COUNTY OF SONOMA' ~ v..~ C~"~.~\,, ,~~ ~~~m. Exp. April 28, 200~ WITNESS my hand and official seal .." V'r", ......"....."'r ... ~U., OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE PERFORMANCE BOND TITLE OR TYPE OF DOCUUENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL TWO ~ ATTORNEY-IN-FACT NUMBER OF PAGES o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: OCTOBER 10th, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NALlE OF PERSON(S) OR ENnT(lES)Y TRAVELERS CASUALTY AND SURETY COMPANY N/S OF AMERICA SIGNER(S) OTHER THAN NAMED ABOVE I "BOND ISSUED IN DUPLICATE" SECTION 00552 BOND NO. 005SB103370449BCM PREMIUM: INCLUDED LABOR AND MA TERlAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS. TIlE TOWN OF TIBURONC a munic~al UBCSI~o'S~t to smf ~aincfKntr~4901 with MAGGI ORA AND GHILOTrI, IN ., 55 D , ,. (hereinafter designated as the "Principal"), namely, GREENWOOD BEACH DRAINAGE IMPROVEMENTS for the work hereinafter briefly described as follows: (pROJECT TITLE) and more fully described in and required by said contract, the award of which said contract was made to said Principal b)' the Town Council of Town on OCTOBER 4th 200.1L. as will more fully appear by reference to the minutes of said Board of Town of said date. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract. NOW TIIEREFOREALTte Princ~al 225 LENNON LANE, and TRAVELERS CASU AND UREI'Y COMPANY OF AMERICA, 81TIrrR ?OO, W A T ,NTJT CRRFiX, CA. q4.t:;qa CONNECTICUT incorporated under the laws of the State of . and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto the Town in the penal sum ofS NINErY THOUSAND illLLARS AND NO/100ths--------------- _____________DOLLARS(SQO,OOO.OO ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, finnly by these presents. THE CONDI'I10N OF THIS OBLlGA nON IS SUCH that if said Principal, its subcontractors, heirs. executors, administrators, successors, or assigns. shall fail LO pay any of the persons named in Section 318 J of the California Civil Code. or amounts due under the Unemployment Insurance Code with respect to any work or labor perfonned or materials supplied by any such claimant, which said work, labor or materials are covered by the said contract and any amendments, changes, change orders, additions. alterations, or modifications thereof, or for any amounts required to be deducted, withheld, and paid over to the Employment Developm~nt Department from the wages of employees of the contractor and his subcontractors, pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum hereinabove specified. 00552-1 Town ofTiburon LABOR AND MATERIAL PAYMENT BOND j This bond shall inure to the benefit of any of the persons named in Section 3181 de the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon lhis bond. It is funher stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for perfonnance. addition. alteration or modification in. to, or of any contract. plans, specifications. or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor. materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pcnaining or relatin.g to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or Wlder the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contraCt between Town and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition. alteration. modification, rescission or attempted rescission, herein mentioned. It is further stipulated and agreed that no final settlement between the Town and the Contractor with reference to the work, shall abridge the right of aIlY beneficiary hereunder whose claims may be unsatisfied. /1/ //I 1/1 11/ III III This bond is executed and delivered to comply with requirements of the Town of Tiburon, and to comply with the provisions of Title 15, Chapters 5 and 7 of Pan 4, Division 3 of the Civil Code of the State of California. 00552-2 Town ofTiburon LABOR AND MATERIAL PAYMENT BOND SIGNED AND SEALED this 10thday of OCTOBER ,200_, PRINCIP AL SURETY (Type Company Name) (Type Company Name) MAGG:y~RA ~~ TRAVELERS jUALTY AND SUREl'Y COMPANY OF AMERICA ~ . 1(. · < B . ~, ! BONNIE K. FRYMIRE r _ GhDdl l. ~ ATTORNEY....IN-FACT Title Title By: N/A Title 225 LENNON LANE, SUITE 200 WALNUT CRRFiK, CA. g4Sgg Address (Affix Corporate Seals) (Attach Acknowledgments of both Principal and Surety signatures) Approved by the Town Attorney of the Town ofTiburon on the ~ yl< day of tJo;A I ::!O~. Bdr CERTIFICATE OF ACKNOWLEDGMENT ........................................................................................................................... State of California } 55. On l 0 .. \.0... a~ before me, (date) (name and title of officer) ,. County of M-A,\1-~ M~~v..J \>e...,,\Q.p.-.\ \J~1-' personally appeared } [ G .,,-,~ '-\ 6 \~\.~ , personally known to me (or 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 instru- ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~d and official seal. -~ Notary's Signature ........................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On 10-10-00 hef ore me, BONNIE K. FRYMIRE. NOTARY PUBLIC , CATE NAME, mu: OF OFACER. E.G., JANE DOE, NOTARY PUBUC personally appeared KELLY HOLTEMANN ---------------------------------_________ , NAUE(S) OF SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is/~ subscribed to the within instrument and acknowledged to me that ~she/~ executed the same in biariher~ authorized capacit(~y, and that by ~er/1mmx irA. .... ......:.!~ ~ ~ ~..A..A A i1At!Il.4.... .... ... ~ ~ ~ ~ . ~ t signature~ on the instrument the person6a) I 11 OFFICIAL SEAL - 1217287 I or the entity upon behalf of which the "":":~ :7: ~~ BONNIE K. FRYMIRE Z 5 ~r~~ . NOTARY PUBLIC - CALIF g personOO acted, executed the instrument Z ' '- . COUNTY OF SONOMA ..:.... tk "~~~.\' My Comm. Exp. April 28, 200~ ;;;;;my ~d ~d officilll seal , ,~1~"'f!t\,_.....!' V'~~)~ .. .... v v ""':' 'r " .... v ".......... /~ > . /! /YUc~. -- / ~ 'V ''-_ Vi -' _../ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this fonn. CAPACI1Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE PAYMENT BOND (LABOR AND MATERIALS BOND) TITLE OR lYPE OF DOCUMENT nTl.E(S) o PARTNER{S) o LIMITED o GENERAL THREE ~ ATTORNEY-IN-FACT o TRUSTEE{S) NUMBER OF PAGES o GUARDIAN/CONSERVATOR o OTHER: OCTOBER 10th, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: tW.tE OF PERSON(S) OR ENTlT(lES)Y TRAVELERS CASUALTY AND SURETY COMPANY N/S OF AMERICA SIGNER(S) OTHER THAN NAMED ABOVE I j IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ll.-LINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 3rd day of December, 1999. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS /~~~ - By George W. Thompson Senior Vice President On this 3rd day of December, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ll.-LINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. ~~ ~ My commission expires June 3D, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRA VELERS CASUALTY AND SURETY COMPANY OF ll.-LINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 10th day of OCTOBER ' 2000 . By ~-M-~ Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY.COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, lllinois 60563-8458 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, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporatioq duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Lawrence J. Coyne, Goran G. E. Ryn, Kelly Holtemann, Bonnie K. Frymire or Thomas Hughes * * of Petaluma, CA, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the follo~ng 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 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 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 aIlysuch appointee and revoke the power given him or her. VbTED: 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. ..... Or ;.. .. V01ED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recogiiizance, 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 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 COl\tPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, 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 arid 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. (8-97) I