HomeMy WebLinkAboutCC Resolution 10772 (East San Rafael Trraffic Mitigation Fund)RESOLUTION NO. 10772
RESOLUTION AWARDING CONTRACT FOR EAST SAN RAFAEL TRAFFIC
OPERATIONAL IMPROVEMENTS PHASE IIA, PROJECT NO. 046-4610-468--8000,
TO MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $237,887.00 AND
ALLOCATE AN ADDITIONAL $36,000.00 IN FUNDING OUT OF THE EAST SAN
RAFAEL TRAFFIC MITIGATION FUND.
WHEREAS, on the 13`x' day of February, 2001, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file
in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said
City did publicly open, examine, and declare all sealed bids or proposals for doing the
following work in said City, to wit:
"EAST SAN RAFAEL TRAFFIC OPERATIONAL IMPROVEMENTS PHASE IIA"
PROJECT NO. 046-4610-468-8000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Maggiora & Ghilotti, Inc. at the unit prices stated in its bid
was and is the lowest and best bid for said work and said bidder is the lowest responsible
bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid
of Maggiora & Ghilotti, Inc. and the same is hereby accepted at said unit prices and that the
contract for said work and improvements be and the same is hereby awarded to said
Maggiora & Ghilotti, Inc. at the unit prices mentioned in said bid.
a��G�NAL b)e
IT IS FURTHER ORDERED AND RESOLVED that the Mayor of said City
be authorized and directed to execute a contract Maggiora & Ghilotti, Inc. for said
work and to return the bidders bond upon the execution of said contract.
BE IT FURTHER RESOLVED that the Director of Public Works is hereby
authorized to take any and all such actions and make changes as may be necessary to
accomplish the purpose of this resolution.
BE IT FURTHER RESOLVED that an additional $36,000 is hereby allocated out of
the East San Rafael Mitigation Fund toward this project.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City held on the 20`h day of February, 2001, by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Cohen
JEANNE`M. LEON�ty Clerk
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City of San Rafael ♦ California
Form of Contract Agreement
for
RECEIVED
FEB 7 3 2001
MAGGIOPA $
GHILOTTI, INC.
East San Rafael Traffic Operational Improvements
Phase IIA
This Agreement is made and entered into this 20th day of February, 2001 by and
between the City of San Rafael (hereinafter called City) and Maggiora & Ghilotti, Inc.
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
If - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: East San Rafael Traffic Operational
Improvements Phase IIA, all in accordance with the requirements and provisions of
the Contract Documents as defined in the General Conditions which are hereby made a
part of this Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within (5) five
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within (45) forty-five working days after the date of
such notice and with such extensions of time as are provided for in the General
Conditions.
IIII - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $500 for each and every calendar day's delay in finishing the work
in excess of the number of working days prescribed above; and the Contractor agrees to
pay said liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any moneys due or that may become due the
Contractor under the contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
AGREEMENT • 1
ITEM
UNIT I EST I UNIT
QTY PRICE, $
Clearing, Grubbing and Tree
LS
Relocation
2,665
Removal of Existing Concrete
SF
Sidewalk, Curb, Gutter
1.40
Removal of Existing AC
SF
Pavement
11,960.00
Excavation/ Grading
CY
Remove Existing Drainage
EA
Facilities
6,600.00
Furnish and Install Catch
EA
Basins
23
Furnish and Install Modified
EA
Catch Basin
300.00
Furnish and Install RCP A) 18"
LF
Adjust Manholes/Cleanouts/
EA
Utility Boxes to Grade
40.00
Furnish and Install Concrete
SF
Retaining Wall
8,240.00
Furnish and Install Concrete
LF
Type "A" Curb and Gutter
2
Furnish and Install 4.5' Concrete
SF
Sidewalk
4,000.00
Furnish and Install Class II
CY
Aggregate Base
16,080.00
Relocate Existing Hydrant
EA
Relocate Existing Irrigation
LS
Piping
1,200.00
Furnish and Install AC Pavement TONS
Furnish and Install Guard Rail
LS
Relocate Existing Roadside Signs
EA
Signal and Lighting
LS
Signing and Stripping
LS
Construction Staking
LS
Mobilization
LS
Traffic Control
LS
RECEIVED
FEB 2 3 2001
ITEM GHIL 71jR NC.
TOTAL, $
1
500.00
500.00
2,665
3.00
7,995.00
930
1.40
1,302.00
230
52.00
11,960.00
3
100.00
300.00
3
2,200.00
6,600.00
1
2,200.00
2,200.00
23
50.00
1,150.00
5
300.00
1,500.00
620
68.00
42,160.00
515
40.00
20,600.00
2,060
4.00
8,240.00
230
50.00
11,500.00
2
2,200.00
4,400.00
1
4,000.00
4,000.00
240
67.00
16,080.00
1
7,300.00
7,300.00
6
200.00
1,200.00
1
70,500.00
70,500.00
1
10,000.00
10,000.00
1
4,400.00
4,400.00
1
3,000.00
3,000.00
1
1,000.00
1,000.00
Grand
Total
237,887.00
V - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department shall
prepare and submit an estimate covering the total quantities under each item of
work that have been completed from the start of the job up to and including the
25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together
with such supporting evidence as may be required by the City and/or Contractor .
(b). On not later than the 15th day of the month, the City shall, after deducting previous
payments made, pay to the Contractor 90% of the amount of the estimate as
approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration of
35 days following the filing of the notice of completion and acceptance of the work by
the Public Works Department.
AGREEMENT 9 2
FEB 2 3 2001
(d). The Contractor may elect to receive 100% of payments due under the contract froftAGGIORA $
time to time, without retention of any portion of the payment by the public agerg"LOTTI, INC.
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and y.PjLr first written above.
ATTEST: CITY S N L:
_ Vii.►. .
Je n� oncini Albe oro
City Clerk _ _ /j Mayor
tc
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ITO
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City Att rn for on
�E
AGREEMENT 0 3
CONTRACTOR'S BOND
FOR FAITHFUL PERFORMANCE
"BOND ISSUED IN TRIPLICATE"
KNOW ALL MEN BY THESE PRESENTS:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
BOND NO. 005SB10350560OBCM
PREMIUM: $1,070.00
Thatwe, MAGGIORA AND GHILOTTI, INC.
as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized
under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become
sole surety on bonds and undertakings, as Surety, are held and firmly bound unto
CITY OF SAN RAFAEL
1400 FIFTH AVENUE as Obligee,
SAN RAFAEL, CA. 94915
in the full and just sum of TWO HUNDRED THIRTY SEVEN THOUSAND EIGHT huiwheib EIGHTY SEVEN AND
NO/100ths------------
Dollars, ($237,887.00 ), lawful money of the United States of America, to be paid to the said Obligee,
successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors,
successors, administrators and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 20th day of FEBRUARY XR 2001
THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a
contract or is about to enter into a contract with the said Obligee FOR EAST SAN RAFAEL TRAFFIC OPERATION
IMPROVEMENTS, PHASE IIA
as is more specifically set forth in said contract, to which contract reference is hereby made.
NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the
covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then
the above obligation to be void, otherwise to remain in full force and virtue.
MAGGIO GRIL Cs
BY: C
TRAVELERS CASUALTY AN6-8URETY COMPANY OF AMERICA
ey affc&,W��)
KELLY HOLTEMANN Attorney -in -Fact
S-2359-1 (07-97)
CALIFORNIA ALL-PURPOSE ACKNO RZEDGEMEIVT
State of CALIFORNIA
County of S O N O M A
On 2-20-01 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC
DATE NAI.IE, TITLL OF OFFICER- EG., JANE DOE, NOTARY PUBUC ---_—,
c
KELLY HOLTEMANN-------------------------
personally appeared-----------
NAIAE(9) OF SIGNERS)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(* whose name( is/am
subscribed to the within instrument and
acknowledged to me that IwVsheltt% K
executed the same in (her/ authorized
capacit(y, and that by /her/mac
signature(p) on the instrument the personal
OFFICIAL SEAL 121728 I [ or the entityupon behalf of which the
BONNIE K. FRYMIRE Z
U I NOTARY PUBLIC - CALIF. person(* acted, executed the instrument.
Z COUNTY OF SONOMA —.
.... My Comm. Exp. April 2B, 2003
...� ...,...:,..� TNI��SS my hand and official seal
SIGNATURE OF NOTARY/
O PTI O NAQ II !//��//
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
nTtE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
HALE OF P£RSMS) OR EMITMUTf
TRAVFIFRS CASUALTY AND
OF AMERICA
SURETY COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE OR TYPE OF DOCUMENT
Ism
NUMBER OF PAGES
FEBRUARY 20th, 2001
DATE OF DOCUMENT
N/S
SIGNER(S) OTHER THAN NAMED ABOVE
, r „viuv i puivu - NUbLJC WUr.K
SECTIONS 3247 - 3252, CIVIL CODE
(CALIFORNIA)
'BOND ISSUED IN TRIPLICATE"
KNOW ALL MEN BY THESE PRESENTS:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Bond No. 005SB10350560OBCN
Premium $ INCLUDED
THAT WHEREAS, The State of California, acting by and through the CITY OF SAN RAFAEL
has awarded to MAGGIORA AND GHILOTTI, INC.
as Contractor, a contract for the work described as follows:
EAST SAN RAFAEL TRAFFIC OPERATION
IMPROVEMENTS, PHASE IIA
AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of
claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the Stag o� ' rnia in
the amount required by law, the sum of TWO � T=SEVIN TBOLU D ; HI» '
SE
the A ll
($ 237,887-00 ) Dollars, for which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under
the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or
(3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from
wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section
13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate
amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable
attorney's fee, to be fixed by the court, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action
to such persons or their assigns in any suit brought upon this bond.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as
designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 20thday of FEBRUARY , 20 01
MAGGIORA AND GHILOTTI, INC.
BY: VOW
Contractor
`yam
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
By ��s'�i'7
y HO�.
-Fact
5-2061-8 (07-97)
CALIFORNIA ALL-PURPOSE ACKNO WLEDGE,71v '
State of CALIFORNIA
County of S O N O M A
On 2-20-01 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC ,
DATE NAME, TITLE OF OFFICER - E.G., SANE DOE, NOTARY PUBLIC
personally appeared 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 namely is/ac
subscribed to the within instrument and
acknowledged to me that hWshe/&9e5K
executed the same in hdaffier/Abair authorized
_ capadt(Wy, and that by Aois/her/theiv
IA �OFFICIAL S AL - 1217287 I signature(m) on the instrument the personallf
> BONNIE K. FRYMIRE Z or the entity upon behaof which the
d9 NOTARY PUBLIC -CALIFM person(*acted, executed the instrument,
Z COUNTY OF SONOMA "�
i My Comm. Exp April 28, 2003 Ij
WITNESS my hand and official, seal.
slcnuruRe of NoraR(r/
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
T)TLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIT(IES)Y
TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA
DESCRIPTION OF ATTACHED DOCUMENT
PAYMENT BOND (LABOR AND MATERIALS BOND)
TITLE OR TYPE OF DOCUMENT
CW
NUMBER OF PAGES
FEBRUARY 20th, 2001
DATE OF DOCUMENT
N/S
SIGNER(S) OTHER THAN NAMED ABOVE
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of December 2000.
STATE OF CONNECTICUT
ISS. Hartford
COUNTY OF HARTFORD
p .aq,*`O'SUMI. �tY ANps Gp,SU4��
liAR ORQ1 ¢ HARTFORD. < 0 1992 O
a� CQNN. g i CONN. o° Z • i
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
i'
jjj1P�1PPMMMM6'M -
George W. Thompson
Senior Vice President
On this 11th day of December, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
T
�'I7YEG�'FS My commission expires June 30 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 20th day of
FEBRUARY 12001.
011111umy#44 �TY ANp GASU
Ci
' MTFORQ 1� i w HACONNRO n y cl 9 S 2� O
CONN.
�'�iy1�......•�,��a,�� y`61 �+Di %a;
By
Kori M.Johanson
Assistant Secretary, Bond
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Lawrence J. Coyne, Goran G. E. Ryn, Kelly Holtemann, Bonnie K. Frymire, Thomas
Hughes, bf Petaluma, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any
and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to
the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
ACORD CERTIFICA. ftLOA(ABILITY INSUKANC�ASRSD DATE
M2)
GG1I (/5%O1
PRODUCER V IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
tY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 551 FEB 2 7 2001 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
PetalumaCA 94953 INSURERS AFFORDING COVERAGE
Phone: 707-782-9200 Fax:707-782-93dWAGGIORA >z
INSURED-�liltvt II, INC INSURER A- Legion Insurance Co.
INSURER B: Nationwide Mutual Insurance Co
Maggiora,& Ghilotti, Inc. INSURER C: National Union Fire Ins. of PA
555 Dubois Street INSURER D.
San Rafael CA 94901
I I INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE POPOLICY EFFECTIVE POLICY EXPIRATION LIMITS
POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDDIYYI
GENERAL LIABILITY EACH OCCURRENCE S
A X COMMERCIAL GENERAL LIABILITY GL20990442 09/01/00 09/01/01 I FIRE DAMAGE (Any one fre) S
CLAIMS MADE X OCCUR I MED EXP (Any one person) $
X XCU Included BROAD FORM PROP. DAMAGE I PERSONAL SADV INJURY S
INDEPENDENT CONTRACTORS
GEN'L AGGREGATE LIMIT APPLIES PER-
PRO -
POLICY [X I ECT n LOC
AUTOMOBILE LIABILITY
B X ANY AUTO ACP7800669802
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
C X OCCUR E� CLAIMS MADE BE7403503
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTHER
GENERAL AGGREGATE S
PRODUCTS - COMP/OP AGG S
COMBINED SINGLE LIMIT
09/01/00 09/01/01 1 (Ea accident)
09/01/00
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
1,000,000
50,000
5,000
1,000,000
2,000,000
1,000,000
$1,000,000
S
$
S
E L. DISEASE - EA EMPLOYEE S
E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTI5PIMLAAL I1KUVlnwna
RE: Operations of the Named Insured for the Certificate Holder
JOB: East San Rafael Traffic Operational Improvements, Phase IIA, #18.01.53,
M&G #7356
30XCG2010 11/85
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION
City of San Rafael, its agents
officers & employees
Dept. of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
ACORD 25-S (7197)
SANRAI3
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL eN9e0N@fV" MAIL 3_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
..—.�. . -
Q,,AM ORP0RAT 10N 1988
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
AUTO ONLY: AGG
S
EACH OCCURRENCE
S 9,000,000
09/01/01 I AGGREGATE
S 9,000,000
$
$
$
I IOER
TORY)LIMITS
El EACH ACCIDENT
$
E L. DISEASE - EA EMPLOYEE S
E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTI5PIMLAAL I1KUVlnwna
RE: Operations of the Named Insured for the Certificate Holder
JOB: East San Rafael Traffic Operational Improvements, Phase IIA, #18.01.53,
M&G #7356
30XCG2010 11/85
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION
City of San Rafael, its agents
officers & employees
Dept. of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
ACORD 25-S (7197)
SANRAI3
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL eN9e0N@fV" MAIL 3_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
..—.�. . -
Q,,AM ORP0RAT 10N 1988
Policy Number: GL20990442 Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization - Additionally Insured's:
City of San Rafael, its officers, agents & employees
Dept. of Public Works
P.O. Box 151560
San Rafael, CA 94915-15660
f 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.
CC 20 10 11 85 Copyright Insurance Services Office, Inc. 1984
ACORD CERTIFIC/-. E OF LIABILITY INM ANCA, CSR SD I DATE(MM/DD/YY)
GGI-1 02/26/01
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
Phone:707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE
INSURED IINSURERA State Compensation Ins. Fund
INSURER B
Mag giora & Ghilotti, Inc. INSURER
555 Dubois Street INSURER D:
San Rafael CA 94901
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
(NSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MW DIYY) DATE (MMIDD/YYI I LIMITS
GENERAL LIABILITY
_ COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY ] PF. n LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
OCCUR F CLAIMS MADE
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND
A EMPLOYERS' LIABILITY
OTHER
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) S
MED EXP (Any one person) S
PERSONAL 6 ADV INJURY $
GENERAL AGGREGATE S
PRODUCTS - COMP/OP AGG I S
COMBINED SINGLE LIMIT
$
(Ea accident)
BODILY INJURY
$
(Per person)
BODILY INJURY
$
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
S
EACH OCCURRENCE
$
(AGGREGATE
$
$
I TJORY I IOER
X LIM ITS
4307300 10/01/00 1.0/01/01 I E.L. EACH ACCIDENT
I $ 1, 000, 000
I E.L. DISEASE - EA EMPLOYEEI 5 1, 0 0 0, 0 0 0
E.L. DISEASE -POLICY LIMIT I $ 1, 000, 000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder
JOB: East San Rafael Traffic Operational Improvements Phase IIA, #18.01.53,
M&G #7356
30X
CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SANRAI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILLSMGGAIAGSWO MAIL 30 DAYS WRITTEN
City of San Rafael, its agents NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L
officers & employees
Dept. of Public Works eft" " _. i _ IaF11BUPON'lips v""" N
P.O. Box 151560
San Rafael, CA 94915-1560 aur PRESENT
ACORD 25-S (7197) O,AM ORPORATION 1988
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between City of San Rafael. whose
address is 1400 Fifth Avenue, San Rafael, Ca. 94915 hereinafter called "OWNER" and
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 East San Rafael Traffic Operation Phase IIA in the
amount of $237,887.00 dated February 21, 2001 , (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:
Director of Public Works
Title
DAVID M. BERNARDI
Na ,�
Signature
1400 Fifth Avenue (P.O. Box 151560)
Address
San Rafael, CA 94915-1560
Address
On\behalf of Escrow Agent:
Title` awl � H
�
Name)�,,' I �X
�r'1�C.{%b 66
Sign4ty�e
1108 Fifth Avenue
Address
San Rafael. CA. 94901
Address
On behalf of Contractor:
President
Title
555 DuBois Street
Address
San Rafael. CA 94901
Address