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HomeMy WebLinkAboutAgr 2011-10-06 (Team Ghilotti)TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE Trestle Glen Blvd. & Paradise Dr. 2011 Overlay Project i THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this 01'r' day of abl , 2011, by and between the TOWN OF TIBURON~ municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and To p-m ~nk` ~o . ("Contractor"), whose principal place of business is 615 31 Pe i,,„ t , S • eeAIQ~ ~ Ong t" C..F~- 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 Trestle Glen Blvd. & Paradise Dr. 2011 Overlay Project ("Project") located in Tiburon, California more particularly depicted on Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PAYMENT See Section 5-1.7 of the Special Provisions of Contract Documents. A-1 ARTICLE III TIME FOR PERFORMANCE Section 3.1 Time of Com lp etion: See Section 8-1.06 of the Standard Specifications and Section 4 of the Special Provisions. Section 3.2 Liquidated Damages: s Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the Special Provisions. The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agree that the Co ac r shall pay to the Town the sum of $1000 per day, for each and every calendar day's delay in finishing wo in ce s of the number of working days prescribed in Section 3.1 hereof. OWNE C C • PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial ,Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Attention is directed to Section 7-1.01A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code § 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code A-2 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. S ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B The Contract Documents Exhibit C Bid Proposal (Pages P1-P7) 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 By Town Attorney Town anager CONTRACTOR/ A--- / By iceg(e No.~?R S3M Expiration Date: O'~ 1.301 3 A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of `=nrsz:il_y~ On k~ ,(k1 Date personally appeared CIVIL CODE § 1189 _ before me, Here Insert Name and Titl the Officer Cam. o GN-\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name;sf (rz e--- subscribed to the within instrument and acknowledged to me that i~~reSr executed the same in a nd that by h1e authorized capaciteel her~tl~ei signature on t instrument the MONICA LYN BOURDENS person or the entiupon behalf of which the Commission # le08305 perso acted, executed the instrument. Notary Public -California Sonoma Cou nty My Comm. Expires County 3, 2072 I certify under PENALTY OF PERJURY under the Au2 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: lrf6~. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: N er of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,%6ner's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee r ❑ Guardian or Conserv* ❑ Other: s Signer Is Fepresenting: ❑ Corporate Officer - Title(s): ❑ Individual OF SIGNER ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A The Site The public rights-of-way located in the Town of Tiburon, California and known as: 1. Trestle Glen Blvd. 2. Paradise Drive A-4 EXHIBIT B The Contract Documents • Project Plans • Standard Specifications • Standard Plans • Special Provisions • Proposal and Contract • Contract bonds(Payment Bond and Performance Bond) • Any supplemental agreement amending or extending the work • Any working drawings, sketches, or instruction clarifying or enlarging upon the work specified • Pertinent portions of any other documents included by reference in the specifications, Standard Specifications, or Plans A-5 EXHIBIT C PROPOSAL TO THE TOWN OF TIBURON PUBLIC WORKS DEPARTMENT NAME OF BIDDER In c,. BUSINESS P.O. BOX N I TOWN, STATE, ZIP BUSINESS STREET ADDRESS t P rY\-e~ d 2\ V ~ (Please inclade ewn if P.O. Box used) TOWN, STATE, ZIP Q~~( Uyy-\, CJ 149 1~)`2- TELEPHONE NO: AREA CODE (7ol .--7 FAX NO: AREA CODE (7v7) l CONTRACTOR LICENSE NO. - c1~ B The work for which this proposal is submitted is for construction in conformance with the special provisions'(including the payment ofnot less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated May, 2006; the Standard Specifications, dated May, 2006; and the Labor Surcharge and Equipment Rental .Rates in effect on the date the work is accomplished. The project plans for the work to be done were approved August 23, 2011 and are entitled: TOWN OF TIBURON E Trestle Glen Blvd. & Paradise Dr. 2011 Street Improvement Project Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. 7. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; P-1 (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc: from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage Y Ppwise the unit price or item total in the Town of Tiburon's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted the ' be deemed irregular unless the project being bid has only a single item. and a clear, readable total bid is pro ded. may Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a. dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included a bid and it differs from the item total, the items total shall prevail. i:Q The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as omission; inconsistency, error or other ure ry gularity which may occur in to cover every a bid Any situation not specifically provided for will be determined in the discretion of the Town of Tiburon, and that discretion will be exercised in the manner deemed by the Town of Tiburon to best protect the public interest in the prompt and economical completion work. The decision of the Town of Tiburon re ec of the sp ting the. amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the Town of Tiburon, within 8 days, not includin Saturdays, Sundays and legal holidays, after the biddel° has received notice from the Town of Tiburon th n g has been. awarded, the.. Town of Tiburon may, at its option, determine that the bidder has abandoned the ontract andt thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of accompanying this proposal shall operate and the same shall be the the security property of the Town of Tiburon, The undersigned, as bidder, declares that the only persons or parties named h interested in this proposal as principals are those herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to and he proposes, and agrees if this proposal is accepted, that he will contract with the Town of Tiburon in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools apparatus her means of construction, and to do all the work and furnish all the materials specified in thecontract ot the anne and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will full payment therefor the following prices, to wit: take in P-2 TOWN OF TIBURON Trestle Glen Blvd. & Paradise Dr. 2011 Street Improvement Project BID PROPOSAL The contractor agrees to accept payment, in full therefore, at the following prices: BID SCHEDULE (Trestle Glen Blvd. Excluding Retaining Wall) ITEM DESCRIPTION EST. TY UNIT UNIT PRICE TOTAL PRICE I Mobilization (4/o maximum) 1 LS O CO r ~ CO , oc " -2 Traffic Control and Construction Area Signs 1 LS - ...t 1~ 1e3g-- . .~l f ~ .o - - 3 Clearing and Grubbing I LS di7 ----F 0 o~ ------3y-~ 4 Tree Root Removal 30 . SF - -9.... So°~ 1~_~_........ 5 TrimminTrees and Shrubs 1 LS - (It, ? ~ 6 Regrading Swale and Trim Vegetation 1 LS Do o - - - _ 7 AC Pavement Repair 8,300 SF ' ~00 I - - - - - - 8 AC Wedge Grind - 6 Wide (2) - 2,000 - SY - ? - I boocro 4....... . 9 AC Conform Grind-15' 20' Wide (2") 650 SY I Y -9p Z I cv 10 - _ Asphalt Concrete(2") 1 350 TON - 00 o f---_L------_-- , o0 , n, 13 D-,, C-1 - 11 Remove and Replace Access Ramp R d R l C R ll d C b 1 EA 316oa-o- as -----3 5600 I 12 emove an ep ace onc. o e ur and - Gutter--------------------------------------------- 70 LF - 00 VCW 3 13 Adjust Manhole to Grade J x 7 EA - t - t ' 14 E pose existing Buried MH and Adjust to Grade 1 EA ~ lis:P__------ o~ -------J/so 15 Adjust Detector Hand Hole Monument, 1 EA 0° _ _ - _ - - Clean out, Gas Valve to Grade - - --b--- 16 Adjust Water Valve to Grade 13 EA 00 o - l"D - 17 Crack Seal 1 LS - o~ p~ 18 Latex Modified Slurry Seal 1. _u c t 19 Detail 22 (Thermoplastic) •-------i-------------- 3,320 LF - ~ ou _ + Detail 27B hereto lastic (7' p ) 6,000 LF Q d a © . ~ 21 Detail 38A (Thermoplastic) 50 LF - o 1 • 00 , 0 --a`o---------- - 22 Blue Marker 2 EA - 23 Red Painted Curb 10 LF too 3 tc, '3 ~ 24 Pavement Markings (Legends-Thermoplastic) 520 SF . 1_~' 00 ea , D 1;0.00 tll~ P-3 ITEM DESCRIPTION EST. UNIT UNIT TOTAL PRICE 25 12" Bar & Cross walk White or o C) Go 500 SF , - Yellow(Thermoplastic) - - ~0 _ _ . 26 4 Striping ' - - - $0 ~ o L----- 00 ` 27 Traffic Loop Replacement ~ .~_?:o0'`.°.'.. 28 15 RCP Storm Drina Pipe 180 LF j o /63 3 0` 29 18" RCP Stone Drina Pipe 130 LF ~a / C} t~ 7 1--`--[-~ 30 24" RCP Storm Drina Pipe 45 LF 4-?.Kr 31 Cleaning /Jetting Storm Drain Pipe 120 LF 00 - 4A0 TOTAL BASE BID It , 4,,--~0 - o0 ALTERNATIVE BID SCHEDULE Paradise Dr. and Retairiin Wall on Trestle Glen Blvd ITS DESCRIPTION EST ' UNIT UNIT TOTAL T~' PRICE PRICE •-32- Trimming Trees & Shrubs 1 LS 00 v 33 grading Swale and Trim Vegetation - 1 LS 1 . 06 34 AC Pavement Repair 1,800 SF - a ~ ~ - ° i~-- 35 AC Wedge Grind-6' Wide (2") - 250 SY ~ L9 00 `s. 36 _ 37-- AC Conform Grind-15', 2a Wide (2 ) fit------------ n 290 SY oar 1~------ - 00 ~ ~ - Asp Concrete (2) 3.00 Ton n- , ~ ~v ~ 38 Adjust Manhole to Grade _ - _ p f 1 EA ~Z~ o➢- !5 39 Adjust Detector Handhole, Monument 1 EA c7 - - - . 40 Adjust Water Valves 9 EA m-- - ° 0 11 5 5 ~ 41 Install Detail 22 (Thermoplastic) = 850 LF - 1 oo , _ 00 - --0 42 Install Detail 27B (Thermoplastic)s - 1,750 LF © 43 Install Blue Marker 3 EA Q. o o - . 00 ~2 44 - Pavement Markings (Legends-Thermoplastic 12"B & 95 SF to, o o - o 45 _ _ . _ _ . ar Cross walk White or . _ Thermoplastic) 55 SF 1 0 (D C-0 46 Retaining Wall 1 L 3 D O . TOTAL BID ALTERNATIVE _ c 9 o6 P-4 NOTES.- 1. THE TOTAL BID (BASE BID PLUS ALTERNATIVE BID), CALCULATED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, WILL BE USED TO DETERMINE THE LOWEST BIDDER. 2. ALL BLANKS IN THE BID SCHEDULES MUST BE APPROPRIATELY FILLED IN. 3. TOWN OF TIBURON CAN CHOOSE TO AWARD CONTRACT CONSISTING OF BASE BID AND ANY COMBINATION OF THE BID ITEMS MAKING UP THE ALTERNATE BID. Grand Total of Base Bid + Alternative Bid Schedules (written) C)U-,(- 4--k Cc 4Aiz-o S +iUy_CA-1 ~w YIJ r- P -'E'l1v -£'X ' U -P, Ve Dollars $(numbers) Lt 00 - Town of Tiburon will determine the lowest bid on the basis of the rand total of the base bid Schedule Plus alternate bid schedule. By my signature hereunder, as Contractor, I certify that I am aware of the_provisions of Section 3700 of the Labor Code which requires every employerto be insured against liability for workmen's compensation orto undertake self insurance in accordance with the provisions of that code, and I will comply with such provi- sions before commencing the performance of the work in this proposal and contract. In the case of any discrepancies between unit prices and totals, the unit price shall prevail. By my signature hereunder I understand and agree that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Town to increase or decrease the amount of work under any item as may be required, in accordance with the provisions set forth in the specification of this contract. Signature if Name c~ . P Company T--cue" -n Zvi-{ ~ oki~ I ~ n ( P-5 The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors, of the Standard Specifications and Section 2-1.01, "General," of the special provisions. LIST OF SUBCONTRACTORS Name and Address e,;- n Description of Portion of Work Subcontracted A.e, fir Cre) LC -C~ I Nr Q L4 B 9fo L-3,N -e c 7 Oil S S f I- rv 1 I v- r4o „ 6r,~- IC 0' P-7 ,a~R1Y CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/03/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Woodruff-Sawyer & Co CONTACT .P AO E FAX . 88 Rowland Way Suite 180 H o. Ext); .W.C. , Novato, CA 94945 L INSURER(S) AFFORDING COVERAGE NAIL tk N Republic General Insurance Corporation 24139 INSURED INSURER B Team Ghilotti Inc . 2531 Petaluma blvd. South INSURER C Petaluma, CA 94952 INSURER D: INSURER E ; INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR AODL SUBR _ POLICY EFF POLICY EXP LIMITS I.TR ! TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO REWIRE) COMMERCIAL GENERAL LIABILITY _ PREMISES-(a pr~urrenCe) r $ I CLAIMS-MADE i OCCUR k MED EXP (Any one person) ! $ - - PERSONAL & ADV INJURY $ } GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- A-c . POLICY JEC:T LOG $ AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT Ea 7ccidonl j ANY AUTO BODILY INJURY (Per person) - $ - - - ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ !AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ ? HIRED AUTOS AUTOS i Per accident) (i UMBRELLA LIAR {OCCUR EACH OCCURRENCE $ EXCESS LIAB I CLAIMS-MAQE # [ AGGREGATE DED I RETENTION $ _ i s WORKERS COMPENSATION D EM ' B A 1 CW94641102 10/01/2011 10/01/2012 TDFv M T-5 AN ILITY YIN PLOYERS LIA . , . ANY PROPRIETORIPARTNERlEXECUTIVE - N ! A X E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? l r (Mandatory In NH} E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1 000 000 DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT , , $ 1 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more spats is required) Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 2011 Overlay Project. Waiver of Subrogation applies to WC coverage per endorsement WC 99 03 15 01 07 attached in favor of Town of Tiburon, municipal corporation and its officials, employees, agents and contractors and Town's engineers Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. ctK I IFIGA I E HOLUER GANGELL.ATION Town of Tiburon, municipal corporation 1505 Tiburon Boulevard Tiburon, CA 94920 In H. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cc~ 1988-2010 ACORD CORPORATION- All riahts reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Town of Tiburon, municipal corporation 1505 Tiburon Boulevard Tiburon, CA 94920 Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 2011 Overlay Project. Waiver of Subrogation applies to WC coverage per endorsement WC 99 03 15 01 07 attached in favor of Town of Tiburon, municipal corporation and its officials, employees, agents and contractors and Town's engineers ' Named Insured Team Ghilotti, Inc. Policy Number A1CW94641102 Endorsement No. 000 Policy Period 10/01/2011 10/01/2012 Endorsement Effective Date: Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: 0000007000 AUTHORIZED R PRESENTATIVE 10103/2011 DATE WC 99 03 15 (01107) 0 ACC>RV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/03/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Woodruff-Sawyer & Co. CONTACT NAME: PHONE _ I FAii 88 Rowland Way, Suite 180 Ext):._ (ap, Ho): - E-MAIL Novato, CA 94945 adoass (415) 878-2460 INSURER(S) AFFORDING COVERAGE NAIC INSURER A: Old Republic, General Insurance Corporatlop 24139 _ INSURED INSURER BLL Starr Indemnity & Liability Company i 38318 Team Ghilotti Inc. 2531 Petaluma Blvd. South INSURER C : Petaluma, CA 94952 INSURER D..-_ INSURER _E : INSURER F nnVPPAMFC rFRT11=1rAT1= NIIMRFR, REVISION NUMBER: 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. INSR i IADDL$U LTR TYPE OF INSURANCE WV0 BR -POLICY NUMBER MNtIOOfYYYY Mk! DYY LIMITS ¢ I - - GENERAL LIABILITY $ AICG94641102 03/28/2011 03/28/2012 EACH OCCURRENCE S 1,000,ow) A X1 COMMERCIAL GENERAL LIABILITY X DAMAGE T'O RENT0 PREMISES (Ea oacurrenct,j 100,00() CLAIMS MADE XJ OCCUR I MED EXP (.Any one person) 5 5,000 I - PERSONAL & ADV INJURY $ 1,000,000 I GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2, )00,000, POLICY X J i I i LOC w I $ AUTOMOBILE LIABILITY A X AICA94641102 03/28/2011 03/28/2012 COMBINED SINGLE LIMIT (Eaacridszr,t) $ 1,000.000 X I ANY AUTO INJURY (Per person), BODILY $ ALL OWNED SCHEDULED ;AUTOS AUTOS (Per accident) BODILY INJURY $ NON-OWNED X i HIRED AUTOS X PROPERTY DAMAGE P og a ntl $ AUTOS t s or_ t P g $ r B I X ;UMBRELLA LIAR X OCCUR 1 SISCCCLOO016711 03/28/2011 03/28/2012 EACH OCCURRENCE S 5,()00.00() EXCESS LIAR CLAIMS MADE AGGREGATE $ 5,000,000 i DED ! RETENTIONS I I S WORKERS COMPENSATION WC S'T; TU- OThI- ER LIMITS TOR Y ( AND EMPLOYERS' LIABILITY YIN _ . - . A • e PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT I C'rricL!Rt IEM8ER EXCLUDED? a (Mandatory In NIi) ;NIA I f E.L. DISEASE - EA EMPLOYE $ d}}es. describe wuJer j DF.SCRIP1ION OF OPERATIONS tackyw I E L. DISEASE - POLICY LIMIT $ j DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 2011 Overlay Project. Town of Tiburon, municipal corporation and its officials, employees, agents and contractors and Town's engineers are named additional insureds on General Liability and Auto coverage per endorsement CG 2010 07 04, CG 2037 07 04 and CA EN GN 0020 03 07 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06. Umbrella coverage is written on a following form basis. Separation of Insureds is included in the policy contract. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non- a inent of relniuln. CFRTIFICATF MnLDFR CANCELLATION Town of Tiburon, municipal corporation 1505 Tiburon Boulevard Tiburon, CA 94920 LOAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ID ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NAMED INSURED: Team Ghilotti, Inc. POLICY NUMBER: AICG94641102 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations Town of Tiburon, municipal corporation Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 2011 Overlay Project. Town of Tiburon, municipal corporation and its officials, employees, agents and 1505 Tiburon Boulevard contractors and Town's engineers are named additional Tiburon, CA 94920 insureds on General Liability and Auto coverage per endorsement CG 2010 07 04, CG 2037 07 04 and CA EN GN 0020 03 07 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06. Umbrella coverage is written on a following form basis. Separation of Insureds is included in the policy contract. Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 NAMED INSURED: Team Ghilotti, Inc. POLICY NUMBER: AICG94641102 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s : Location And Description Of Completed Operations Town of Tiburon, municipal corporation Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 1505 Tiburon Boulevard 2011 Overlay Project. Town of Tiburon, municipal corporation and Tiburon, CA 94920 its officials, employees, agents and contractors and Town's engineers are named additional insureds on General Liability and Auto coverage per endorsement CG 2010 07 04, CG 2037 07 04 and CA EN GN 0020 03 07 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06. Umbreli, coverage is written on a following form basis. Separation of Insured; is included in the policy contract. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section II - Liability Coverage, A. - Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. Town of Tiburon, municipal corporation 1505 Tiburon Boulevard Tiburon, CA 94920 Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 2011 Overlay Project. Town of Tiburon, municipal corporation and its officials, employees, agents and contractors and Town's engineers are named additional insureds on General Liability and Auto coverage per endorsement CG 2010 07 04, CG 2037 07 04 and CA EN GN 0020 03 07 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06. Umbrella coverage is written on a following form basis. Separation of Insureds is included in the Named Insured Team Ghilotti, Inc. Policy Number AICA94641102 Endorsement No. Policy Period 03/28/2011 to 03/28/2012 Endorsement Effective Date: 03/28/2011 Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE 10/03/2011 DATE CA EN GN 0020 03 07 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Town of Tiburon, municipal corporation Team Ghilotti Job #8080; Trestle Glen Boulevard & Paradise Drive 1505 Tiburon Boulevard 2011 Overlay Project. Town of Tiburon, municipal corporation and ' Tiburon CA 94920 its officials, employees, agents and contractors and Town s , engineers are named additional insureds on General Liability and As required by written contract: Auto coverage per endorsement CG 2010 07 04, CG 2037 07 04 and CA EN GN 0020 03 07 attached. Coverage is primary and Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Team Ghilotti, Inc. . Policy Number A 1 CG94641102 Endorsement No. Policy Period U3MTza1 i to 03/28/2012 Endorsement Effective Date: 03/28/2011 Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE 10103/2011 DATE CG EN GN 0029 09 06 Bond Executed in Triplicate TOWN OF TIBURON PERFORMANCE BOND (To Accompany Contract) Premium: $3,506.00 Bond No. 09056478 WHEREAS, the Town of Tiburon, acting by and through the Department of Public Works, has awarded to Contractor _ Team Ghilotti, Inc. hereafter designated as the "Contractor", a contract for the work described as follows: Trestle Glen Blvd. & Paradise Dr. 2011 Overlay / Street Improvement Project 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 $four hundred seventy three thousand three hundred twenty five & 00/100-- dollars ( _ _$473,325.00 _ 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 SUCH9 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 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 stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue. n IN WITNESS WHEREOF, We have hereunto set our hands and -.-September 20 11 . Correspondence or claims relating to this bond should be sent to the surety at the following address: 560 Mission Street, Ste 2400 San Francisco, CA 94105 Team G P day of ntractor Fidelity a d eposi Company of Maryland N *e of Surety (SEAL) By : -Attorney-in-Fact NOTE: Signatures of those executing for the surety must be properly acknowledged, APPROVED AS T FORM ANN DANFORTH TOWN ATTORNEY A-8 TOWN OF TIBURON Kelly Holtemann CERTIFICATE OF ACKNOWLEDGEMENT State of California, Town of Tiburon On this day of appeared in the year 20 before me a notary public in and for the Town of Tiburon, personally known to me to be the person whose Attorney-in-fact 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) A-9 **SEE ATTACHED** Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of o~ On 101 lQ / (I before me, I Rub t I , Date Gk~ Here Insert Name a d Title of the O personally appeared ~e Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personj4 whose nameV(54arsubscribed to the within instrument and acknowledged to me that #~y executed the same in ,fir authorized capacity (i~, and that by MONICA LYN BOUROENS heir signature ` on th'e instrument the Commission # 1808305 = person or the entity upon behalf of which the Notary Public - California ' Sonoma County person( ) acted, executed the instrument. My Comm. Expires Aug 3, 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my hand and official seal. Signature. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Nu of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ GenE ❑ Attorney :in FaZnserrvattorr ❑ Trustee ❑ Guardiar ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here L-1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association - National Notary. org - 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT State of California County of Marin On September 29th, 2011 before me, J _ DeLucas_Noary_ Public (insert name and title of the officer) personally appeared Ke lly_ Ho l temann who proved to me on the basis of satisfactory evidence to be the person(s) whose name(5, is/4e subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in +ri~ her/th - authorized capacity(4ee3, and that by 4-~e/her/tom signature(&e on the instrument the person(*, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) r J. DELUCA WMy COMM. #1815054 D NOTARY PUBLIC-CAIJFOiNIA MAR!N COUNTY O Comm. Expires October 24, 2012 Bond Executed in Triplicate TOWN OF TIBURON PAYMENT BOND (Section 3247, Civil Code) Premium: Included Bond No: 09056478 WHEREAS, The Town of Tiburon, acting by and through the Public Works Department, hereafter referred to as "Obligee", has awarded to Contractor Team Ghilotti, Inc. , hereafter designated as the "Principal", a contract for the work described as follows: Trestle Glen Blvd. & Paradise Dr. 2011 Overlay / Street Improvement Project 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 four hundred seventy three thousand three hundred twenty five & 00/100 dollars $473,325.00 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 ect on 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bon Dated: September. 29th , 20 11 Correspondence or claims relating to this bond y T should be sent to the surety at the following p:__ address: c4ve~ Principal 560 Mission Street, Ste 2400 F' elit fa!P Deptsit Company of Ma San Francisco, CA 94105 By : ttorney-in-Fact NOTE: Signatures of those executing for the surety must be properly acknowledged. APP O'~ ASJO FORD ANN DAN FORTH TOWN ATTORNEY TOWN OF TIBURON (SEAL) y Moitemann A-6 State of California Town / County of. On this day of personally appeared Attorney-in fact CERTIFICATE OF ACKNOWLEDGEMENT SS in the year 20 before me , personally known to 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) **SEE ATTACHED** Notary Public A-7 ACKNOWLEDGMENT State of California County of Marin ) On September 29th, 2011 _ before me, _ J. DeLuca. _Notary _ Public (insert name and title of the officer) personally appeared Ke 1ly_ Ho l t emann_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s.) is/-ate - subscribed to the within instrument and acknowledged to me that Ore/she/tom executed the same in -fiis/her/tar- authorized capacity(ies} and that by 4i@/her/V~e;r signature(&) on the instrument the person(*, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J. DELUCA D WITNESS my hand and official seal. COMM. #1815054 NOTARY PUBLIC-CALIFORNIA MARIN COUNTY ` My Comm. Expires October 24, 2012 Signature (Seal) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t del reof, does hereby nominate, constitute and appoint Kelly HOLTEMANN and Joan DEL r , California, EACH its true and lawful agent and Attorney-in-Fact, to make, exec o as surety, and as its act and deed: any and all bonds and undertakin ~n o ertakings in pursuance of these presents, shall be as binding upon said Co y, d a 1 A 1 nd purposes, as if they had been duly executed and acknowledged b cM` 1 cted p ' pany at its office in Baltimore, Md., in their own proper persons. ~ Th' at re ehaif of Kelly HOLTEMANN dated August 30, 2007. The The said Assistant Section 2, of the By- ~ rtif~lthat the extract set forth on the reverse side hereof is a true copy of Article VI, y, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2007. ATTEST: ~p 9fPo' r f _ o W State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gregory E. Murray Assistant Secretary Theodore G. Martine. On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o rj hlJS110 Constance A. Dunn Notan' Public My Commission Expires: July 14, 2011 POA-F 016-0949G EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified co of any power of attorney binding upon the Company with the same force and effect as though manually affixed issued by the Company, shall be valid and IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this C i day of ~ Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of jzr~Qf, On ,Cq (D 4 ~1 before meI)ODM Cam. Z~ V00 i C-, Date Here Insert Nam and Title of th Offi er a personally appeared C~~ rl Name(s) of Signer(s) r who proved to me on the basis of satisfactory evidence to be the persone whose nameo~ subscribed to the within instrument and acknowledged to me that 1&1`110 executed the same in *!Mer~ei~ir authorized capacity, and that by MONICA LYN 80URDENS hi heN#ei1s signature on the instrument the Commission # 1808305 person(' or the entity upon behalf of which the Notary Public -California Z person acted, executed the instrument. Sonoma County My Com m. Expires Aug 3, 2012 1 certify under PENALTY OF PERJURY under the WIWI- laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: V A D y " / 1: Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representi Number of P SignerE>4Tame: orporate Officer - Title(s): THUMBPRINT RIGHT . ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907