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HomeMy WebLinkAboutAgr 2000-01-05 (Maggiora & Ghilotti)1u~;J IilACiGIrIGA & MAIN STREET ASSESSMENT DIS eVi t`l, lNc. AND SUPPLEMENTAL WORK SECTION 00500 TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this 5 thday of January , 2 0 00by and between the TOWN OF TIBURON, a municipal corporation, 1505 Tiburon Boulevard Tiburon CA 94920, ("Owner") and Maggiora & Gh.i.lotti, Inc, whose principal place of business is 555 DuBois Street, San Rafael ("Contractor"). CA 94901 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 Owner, the Main Street Assessment District and Supplemental Work ("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 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 Contra~t 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. 00500 - 1 OWNER-CONTRACTOR AGREEMENT r 8z 1511-1- ~yl MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK ARTICLE H PAYMENT Attention is directed to Article 8 of the General Conditions. ARTICLE III TIME FOR PERFORMANCE Section 3.1. Time of Completion: Attention is directed to Section 8-1.06. "Time of Completion" of the Standard Specifications. S ction 3.2 uidated Dama es. Attention is directed to Section 8-1.07 "Liquidated D ages" of t e S cations. Liquidate damages will be changed at the rate of five hun red doll 00) per c day. OWNER TOWN OF TIBURON CONTRACTOR TOM GRAM, MAYOR Wry tlhtioR~i ARTICLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party 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 00500 - 2 OWNER-CONTRACTOR AGREEMENT MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK 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-DISCRIMINATION 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. 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 Unit Prices 00500 - 3 OWNER-CONTRACTOR AGREEMENT MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: By own Attc TO OF tRON By ' Mayor CONTRA MPR: By c~ (Mftw is Contractor's License No. L2-U I U -1 Expiration Date: 3- 3 k- z w, 00500 - 4 OWNER-CONTRACTOR AGREEMENT MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORT{ EXHIBIT A The Site Main Street between Tiburon Boulevard and the westerly side of the property at 55 Main Street, known as Assessor's Parcel Number 60-105-80. 00501-1 Town of Tiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK EXHIBIT B CONTRACT DOCUMENTS The following documents, current as of the date of signature of the Owner-Contractor Agreement, comprise the Contract Documents: 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 of Tiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK EXHIBIT C CONTRACT UNIT PRICES C-1 BASE BID ITEM UNIT EST. UNIT No. DESCRIPTION MEAS. QUAN. PRICE AMOUNT 1. 12" Culvert L. F. 321 5q - 11,33q.00 2. Catch Basin Each 4 l 3oo 9, Lod, OV-0 3. Storm Drain Manhole Each 1 _J11D 4,003.0r0 4. Blind Connection Each 1 5. Catch Basin Top Each 1 I loo . oo 6. *Curb & Gutter L.F. 880 3-L, 00 2 ,{(tea . ' 7. Accessability Ramp Each 6 1 , 09 8. *Concrete Strip L.F. 186 a~ LV 9. *Brick Sidewalk S.F. 61,694 V1. S-D f til 3.cy:) 10. *Brick Driveway S.F. 245 IL,~ Approach 11. *Brick Street S.F. 310 3 S cc L6, 13 . or- Pavement 12. Pavement Repair & Lump Sum - ,gyp ,pa 00 Preparation 13. *Asphalt Concrete S.F. 10,500 5SO.00 Overlay 14. Tree Grate Each 1 3sac>• C)o . rr 15. Parking Sign Post Each 8 Lico, C0 - -WDD 0!:,- 16. Striping Lump Sum - i , 17. Cocrete Plaque Base Each 1 en *Final Pay Quantity Total Base Bid , ( ~ , CORRESPO.JOB 6940 MAIN ST BID.DOC MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK C-2 BID ALTERNATE ITEM No. DESCRIPTION UNIT MEAS. EST. QUAN. UNIT PRICE AMOUNT 1. Remove & Replace Lump Sum tCx~_Of7> Curb & Gutter 2. Remove & Replace Lump Sum - (Z, , Brick Sidewalk 3. 10" Sewer Main L.F. 590 00 4. 4" Sewer Lateral L.F. 56 -1 , 5. Adjust Manhole Flow Lump Sum - Line 6. Adjust Manhole Cover Each 2 ( CC-0, co to Grade 7. Trench Paving Lump Sum - Lob zo ~ (Doo _ 0, C TOTAL ALTERNATE BID v CORRESPO.JOB 6940 MAIN ST BID.DOC "BOND ISSUED IN DUPLICATE" MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL WORK BOND NO. 005SB103239738BCM PREM=: $1,703-00 SECTION 00450 CONTRACTOR'S PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS= That MAGGIORA AND GHILOTTI, INC. as Principal, and TRAVEUTS CASUALTY AND SUFE[Y_C~MPANY OF ACA incorporated under the laws of the State of CONNECTICUT _.__--and authorized to execute bonds and undertakings as sole: Surety, are held and f roily bound unto the Town of Tiburon, a municipal corporation ("Town in the sum and, No/100THS---- of-THREE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUN DRIIPU0LLARS)($_U8_, 500.09; 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- The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain contract with 8)e Town MAIN STREET ASSESSMENT DISTRICT AND SUPPLEMENTAL. WORK the award of which said contract ticas made to said contractor by the Town Council of the Town, on DECEMBER 15th, 1999 as will more fully appear by refcrenc c 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 uad.er ,*ings, covenants, tcrms, conditions, and agreements of said contract during the original term thereof, and any extensions therc.ofwhich may be granted by the Town, with or without notice to the Surety, and if he 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 reasan 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 sliall be and remain in full force and effect, PROVIDED, FUR'T'HER, 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 terms of the contract or to the work to be performed thereunder 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 changc, extension of time, forbearance or waiver, prepayment or delay in payment, alteration or addition to Lhc terms of the contract or to the work or to the specifications- Said Surety hereby expresely acknowledges and agrees to be bound by the t=s and conditions contained in the contract documents and any 00450 - t Town of Tiburvn CONTRACTOR'S PERFORMANCE BOND MAI-N STREET ASSESSMENT DISTRIC'r AND SUPPLEMENTAL WORK amendments and/or modifications thereto, and said contract documents, and modifications are hereby incorporated in this performance bond a_s though fully set forth herein. IN WITNESS WHEREOF, this instrument is executed this 20th day of DECE BEI~ 19 99 PRINCIPAL SURETY (Type Company Name) MAGGIORA AND GHILOTTI, INC. Title Company Name) By: Title MOM By_ y _ . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 464- By: , KELLY HOLMIAM ATTORNEY-IN-FACT _ Title By. N/A Title Address: 225 LENNO N LANE, SUITE 200 WALNUT CREEK,.._CA. 94598 (Al ix Corporatc ScaIs) (Attach Acknowledgments of both P17incipal and Surcty signatures.) '0 Approved by the Town Attorney of the Town of Tiburon on ,day of X4 A Ao A . i CERTIFICATE OF ACKNOWLEDGMENT State of California On C~e~ W, % AS' I before me, (hp,-Z-~,%3 V:3 T~ &l l (date) (name and title of officer) • SS. • County ofd" • personally appeared GV~AC3 ~ 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. WITN S my hand and official seal. • I" • Notary's Signature CALIFORNIA ALL-PURPOSE ACKIVOW EDG State of C A L I F O R N I A County of S O N O M A On 12-20-99 DATE personally appeared before me, BONNIE K. FRYMI RE NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G. JANE DOE. NOTARY PUBLIC KELLY HOLTEMANN NAAAE(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose nameW is/ subscribed to the within instrument and acknowledged to me that Wshe/tg( executed the same in hkdher/Akeir authorized capacit(f y, and that by AoWher/theiv r OFFICIAL SEAL 1217287 signature( on the instrument the personal r 'BONNIE K. FRYMIRE Z NOTARY PUBLIC - CALIF. or the entity upon behalf of which the Z COUNTY OF SONOMA person(4 acted, executed the instrument L _ My Comm. Exe April 28, 2003 ~ 1~* WITNESS my hand and official seal SIGNATURE OF NOT WY 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 form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIT(IES)Y _TRAVELERS CASUALTY AND SURETY COMPANY -OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO NUMBER OF PAGES DECK= 20th, 1999 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE "BOND ISSUED IN DUPLICATE" MAIN S1 R1-T7 A-SSESS?. EN I I)ISTRICi - G AND SUPPLEM'FNTAL WORK Hi~U r! 0 P. i 1 1, Ifs, SECTION 00451 BOND NO. 005SB103239738BCM PREMIUM : INCLUDED LABOR AND MATERIAL PAYMIN NT' BOND KNOW ALL MEN 13Y THESE PRESENTS: WHEREAS, -HIE TOWN OF TMUMN. a ftturnici sl corporation, is about to enter into a c.~crtain contract w; MAGGIORA AND 7 GHILOTTI , ~I°NC . mimcly, (hercinaftcr designated as the "Principal"), for the wdrlt hcrrinaftcr briefly dcscribc,d a-. fulluws. MAIN STREET ASSESSNffiNI- DISTRICY AND SUPPLEMENTAL WORK and more fully described in wid required by said contract_ the award of Which said conuract was made to said Principal by the Town Council of Town on DECEMBER 15, 19 39 as win more fully appear by reference to the minutes of Sziid Board of Town of said date- WITEREAS, said Principal Ls requim-d by Chapter 5 (commencing Ht Section 3225) and 01aptcr 7 (commencing at Section 3247). Titic 15, Part 4, Division 3 cif 1hr- Califomia Civil C odc to furnish a bond in connection with said contract Nnw I14F.RFFORE, we, the Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA mr-orporatcd under the laws of the Stare of CONNECT ICITT and authorised tv cxecutc bonds and undertakings as solc surely, as Surety, are held and firmly bound unto 'he- Town in the penal sum of I i + H[IERD ICEM?IY E= T M = HJUM AND I~J~,ICOI~3S--- DOLI.ARS (~78, 500.00 lawful Monty of the United Staics of America for the payrncnt of which stun well and truly to be made, we bind ourselves, our heirs, exe:eutns., administrators, sucus-Sors anti assigts, jointly and severally, firmly by these prczscnts_ THE CONDITION OF THIS 0BUGATION IS SUCH that if said Principal, its subcontractors, heirs, cxccutor-., adrninistrawrs, successors, or at-si&-n--~ shall fail to pay any of the pcrsor>_S namod in Section 3181 of the California Civil Code, or amounts duc under the Uncrupioyu,crrt Insurance Code with re,~pect to any work or labor pcrfonned or matrri.ds supplied by any such claimant, which "id work, labor or irWcridls arc covered by the said contract and airy amendments, changes, chsnsc orders, udditiorly, alterations; or modifications thereof, or for any amounts required to he deducted, withheld, and paid over to the Employment Development Department from the wages of crtrployeet cif lbc contractor and his subcontractors, puz~zuant to Section 18,806 of the Rcvcnuc and Taxation Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum hcrcinabove specified. MAIN STREET ASSESSMENT DISTPOUr AND SUPPI.F_?AEWAIi WORK This bond shall inure to the benefit of-any of the nersonN named in Section 3181 of thc California Civil Code, so as to give a right of action to such pesons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surcty on this bond shall not be cmmncrated or released from the obligation of this bond by any change, extension of tirnc for performance, additio& alteration or modiftcarion in., to, or of any contract plans, specifications, or agreement pctiaming or relating to any scheme or work of improvement hercinabove 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 pwaining or relating to any sc home or work of improvement hercinabove described, nor by any rescission or attempted rescission of the contract afg=mcnt or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimanCg othcrwi sc entitled to rct;UVCr under any such contract or agreement or under 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 he released from liability tc> those for whose benefit such bond has been given, by reason of any breach of contract between Town and°vriginal contractor or on thr, part of any ohligcc named ill Wch bond, but the sole conditions of recovery shall be that cluinnant is a persnn descril).CCI 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 hcrcby wdivc notice of any such change, extension of time, addition, alteration, modification, rescission or arrernpted rescission, herein mcntioncd_ It is further stipulated and agreed that no final set[lemCnt between the Town chid the Contractor will, referencc to the work. Shall abridge the right of any bencficiary licm. andcr whose claims may be unsatisfied- III III /tJ !tJ This ix)nd is executed and dclivcred to comply with roquircmcnts of the Town of Tiburon, and to comply with the proviSitms of "Title 15, Cbaptcrs 5 and 7 of Part 4, Division 3 of the Civil Codc of the Statc of California. rvia c I 'I MAIN STREET ASSRSSMENT DISTP [CT AND SUPPLEMENTAL WORK SIGNED AND SEALED this 20th day of DECEMBER , 19 99-- PRINCIPAL SITRETY (1~,pe Company Name) (Type Company Name) MAGGIORA ;GHILOTTI, C. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By= l~y- vl KELLY OLTEMA.NN fty a1do Title ATTORNEY-IN-FACT Title By, NSA Title 225 LENNON LANE, SUITE 200 WALNUT CREEK, CA. 94598 Addres5 (Affix Corporate Seals) (Attach Acknowledgments of both Principal and Surety sipatures) Approved by the Town Attorney of the Town of Tiburon on the S day of CERTIFICATE OF ACKNOWLEDGMENT State of California On -LA:s before me,t : SS. (date) (name and title of officer) : • a • County of personally appeared : 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. • WITNE y hand and official seal. • Notary's Signature : - CALIFORNIA ALL-PURPOSE ACKNO W 7Y-jDG State of CALIFORNIA County of SONOMA On 12-20-99 before me, _ BONNIE K. FRYMIRE, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., JANE DOE NOTARY PU8UC personally appeared KELLY HOLTEMANN NALAE(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(* whose nameW is/am subscribed to the within instrument and acknowledged to me that Wshe/ executed the same in h6a(herbr authorized capacit(ly, and that by )igs/her/thei& r J4 • r OFFICIAL SEAL - 1217287 signature( on the instrument the person*) BONNIE K. FRYMIRE Z or the entity upon behalf of which the = NOTARY PUBLIC - CALIF. Z COUNTY OF SONOMA j Person acted, executed the instrument, I My Comm. Exp. Apri) 28,2003 1 T=4 my hand and official seaL SIGNATURE OF NOTIOY 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 form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 12 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITijIES)Y TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND (LABOR AND MATERIALS BOND) TITLE OR TYPE OF DOCUMENT THREE NUMBER OF PAGES DECEMBER 20th, 1999 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE IN WITNESS WHEREOF, TRAVEI CASUALTY AND SURETY COMPAIV AMERICA has caused this instrumer to be signed by its Vice President, A,tu as corporate seal to be hereto affixed thin day of July, 1997. "*0 suit STATE OF CONNECTICUT }SS. HartforI COUNTY OF HARTFORD CONN. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By George W. Thompson Vice President On this 1st day*of July, 1997, before me personally came GEORGE W. THOMPSON to me known, who, being by me dul swom, did depose and say: that he/she. Is Vice President of TRAVELERS CASUALTY AND SURETY COMPANY O AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of sal corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrumer on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. ?AR CERTIFICATE vy-\Wn~r. Q. toow,~ My commission expires June 30, 2001 Notary Public Marie C. Tetreault 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY, OF AMERICA, `a stoc corporation of the State of Connecticut,- DO HEREBY CERTIFY that the foregoing' and attached' Power +of-~Attonr ey `ar Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of tt Board 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 20th day of DECEMBER .19 99. wor 3 ,By. Rose Gonsoulin Assistant Secretary S-2435 (7-95) TRAVELERS CASUALT POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY tHESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the Slate of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath' made, constituted and appointed, and does by these constitute and appoint Lawrence J. Coyne, Goran G. E. Ryn, Kelly Holtemann, Bonnie K. Frymire or Thomas Hresents ughes make, of, Petaluma, CA,its true and lawful Attomey(s)-in-Fact, with full power and authority hereby confer-red 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 following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents Incident thereto and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and all -the- acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions- are now in full force and effect: VOTED: That each of the- following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, An Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-In Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his 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 may at any time remove any such appointee and revoke the power and authority given him or her. 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 Chairman, the Vice Chairman, the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed In the certificate of authority of such Resident Vice President, and duly attested and. sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed In the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, If required) by one or more Attorneys-In-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. . This Power of Attorney and Certificate of Authority Is signed and sealer( by facsimile under and-b autho following Standing Resolution voted by the Board of - Directors of TRAVELERS CASUALTY -AND SURof the ETY COMPANY OF AMERICA, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, 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 attomey 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. I SURETY COMPANY OF AMERICA Hartford, Connect Cut 06183-9062 (over) ACORD C E RT I F I Cf OF LIABILITY I N S U F"_ ICE CSR SD DATE (MM/DD/YY) MAGGI-1 12/21/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 COMPANIES AFFORDING COVERAGE Paul Ramatici COMPANY Phone No. 707-782-9200 Fax No. 707-782-9300 A State Compensation Ins. Fund INSURED COMPANY B COMPANY Maggiora & Ghilotti, Inc. C 555 Dubois Street San Rafael CA 94901 COMPANY D ' COVERAGES - THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS -i (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) ~ I { PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY i EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TH- X ORS L M TS OER EL EACH ACCIDENT $ 1,000,000 A PTHE ARTNERS/EXOCUTIVE X INCL 4307399 10/01/99 10/01/00 EL DISEASE - POLICY LIMIT $ 1,000,000 OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE T $ 1 , 000 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS **and Sanitary District No. 5 JOB: Main Street Assessment District & Supplemental Work *Ten dayy notice would be sent on non payment. 30*X/WCD30406 CERTIFICATE HOLDER CANCELLATION TOWNTIB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &!5F!A'05R'F6 MAIL Town of Tiburon, its officials 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T employees, agents & engineers HE LEFT, **See remainder of name above 1505 Tiburon Blvd Tiburon CA 94920 AUTHO EPRESENTATI I MI,URU LD-J ( I/,-1Z)) 0,AM CORPORATION 1988 WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT--CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement, effective on 12/16/99 at 12:01 A.M. standard time, forms part of Policy No. 4307399 Endorsement No. of the State Compensation Insurance Fund (NAME OF INSURANCE COMPANY) issued to Maggiora & Ghilotti, Inc. Premium (if any) $ At Final Audit Authorized Representative DON RAMATICI INS. - PETALUMA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the renumeration of your employees while engaged in the work described in the Schedule. The additional premium for this agreement for this endorsement shall be % of the California worker's compensation premium otherwise due on such renumeration. Person or Organization Town of Tiburon, its officials, employees, agents & engineers and Sanitary District No. 5 1505 Tiburon Blvd. Tiburon, CA 94920 Schedule Job Description Main Street Assessment & Supplemental Work R A lr DR~ C E TI F I Ct OF I 1 F ^I C E C$R SD DATE (MM/DD/YY) n~S LIABILITY I 1 \ 1 1 ~ V MAGGI-1 12/21/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 COMPANIES AFFORDING COVERAGE Paul Ramatici COMPANY Phone No 707-782-9200 Fax No. 707-782-9300 A Travelers/Aetna Insurance INSURED COMPANY B Fireman's Fund Insurance Co. COMPANY Maggiora & Ghilotti, Inc. C Travelers/Aetna Insurance 555 Dubois Street San Rafael CA 94901 COMPANY D ' COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE MM/DD ( /YY) DATE (MM/DD/YY) GENERAL LIABILITY r GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY A DTC04SOX3036 09/01/99 09/01/00 PRODUCTS - COMP/OPAGG $ 21000,000 CLAIMS MADE OCCUR r- PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 000 000 X XCU Included _ BROAD FORM PROP. DAMAGE FIRE DAMAGE (Any one fire) $ 300 , 000 X I $ 5 0 0 . GL Ded INDEPENDENT CONTRACTORS MED EXP (Any one person) $ 5 , 0 0 0 AUTOMOBILE LIABILITY l B X ANY AUTO 1,,XX80742322 09/01/99 09/01/00 COMBINED SINGLE LIMIT $ 1f000,000 ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS- BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 9,000,000 C X li UMBRELLA FORM DTCUP331K8475 09/01/99 09/01/00 AGGREGATE $ 9, 000 , 000 OTHER THAN UMBRELLA FORM Retention $ 10 , 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TH- TOWC STATU- RY L M TS OER EL EACH ACCIDENT $ THE PROPRIETOR/ 1 PARTNERS/EXECUTIVE INCL EL DISEASE - POLICY LIMIT $ OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS **and Sanitary District No. 5 JOB: Main Street Assessment District & Supplemental Work *Ten dayy notice would be sent on non payment. 30*XCG2D10LF 11/85-FFIB0009 CERTIFICATE HOLDER CANCELLATION TOWNTIB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EHE)EAh105R~-5MAIL Town of Tiburon, its officials 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT employees, agents & engineers , **remainder of name above 1505 Tiburon Blvd Tiburon CA 94920 AUT/HO EPRESENTATI I f1lJUML) LD-J (1/yD) 0,AM XKCZD-CORPORATION 1988 Policy Number: DTC0450X3036 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 Town of Tiburon, its officials, employees, agents & engineers and Sanitary District No. 5 1505 Tiburon Blvd. Tiburon, CA 94920 (If no entry appears above, information required to complete this endorsement will be shown in the 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. The insurance provided herein is primary coverage to the certificate holder with respects to any insurance or self insurance programs maintained by the certificate holder, and no insurance held or owned by the certificate holder shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against anotther insured and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the Company's Liability. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 ADDITIONAL INSURED ENDORSEMENT -COMMERCIAL AUTOMOBILE Who Is An Insured (Section II) Is Amended To Include As An Insured The Person Or Organization Shown In The Schedule And Is Liable For The Conduct Of An Insured But Only To The Extent Of That Liability. Name of Person or Organization :Town of Tiburon, its officials, employees, agents & engineers and Sanitary District No. 5 1505 Tiburon Road :Tiburon, CA 94920 Insured: Maggiora & Ghilotti, Inc. Policy Number: MXX80742322 Producer-Don Ramatici Insurance Inc. Effective Date: 12/16/99 ONE OF THE / ~un ignatur horized Agent FIREMAN FUND INSURANCE COMPANIES AS NAMED IN THE POLICY 180009-6-65 SETS 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" Maggiora & Ghilotti, Inc. whose address is 555 DuBois Street, San Rafael, CA 94901 hereinafter called "CONTRACTOR" and Westamerica Bank whose address is 1108 5th Avenue, San Rafael, CA 94901 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 Main Street Assessment District in the amount of $378,500.00 dated December 15, 1999 , (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. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of 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: Mayor Title /1om m Nam Signature On behalf of Contractor: President Title Garv Ghilotti aame d Sign ure 1505 Tiburon Boulevard Address Tiburon, CA 94920 Address On behalf of Escrow Agent: V Title J a et 4,w N e i 11ature 110 $ h - ~TAi -ur,cu 6- Address 555 DuBois Street Address San Rafael, CA 94901 Address APPIROV 1"® F0RIA NN DANFORTH TOWN ATTORNEY TOWN OF TIBURON Address