HomeMy WebLinkAboutPW Various Storm Drain RepairsCITY OF SAN RAFAEL
Department of Public Works
111 Morphew Avenue
San Rafael, CA 94901
Public Works Contract for Projects up to $175,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Maggiora and Ghilotti, Inc ("Contractor"), a corporation authorized to do business in the State of
Cal'fornia, for work on the City's Various Storm Drain Repairs ("Project"), and is effective on
U� 20&"Effective Date").
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms
and conditions of this Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or
are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This
Project requires a valid California contractor's license for the following classification (s): A
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Exhibit A — Scope of Work;
2.2 Exhibit B — Payment, Performance, and Bid Bonds;
2.3 Exhibit C — Noncollusion Declaration;
2.4 Exhibit D — Bid Schedule;
2.5 Exhibit E — Subcontractor List.
3. Contract Price. As full and complete compensation for Contractor's timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay
Contractor $37,100 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the
Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs,
in accordance with the payment provisions contained herein.
3.1 Payment. Contractor must submit an invoice on the first day of each month during the
Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the
preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor
warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of
any claims, liens, or encumbrances upon payment to Contractor.
3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor
must provide City with a payment bond and a performance bond using the bond forms included in this
Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must
be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent,
Contractor must provide a substitute bond from a surety acceptable to City within seven days after written
notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may,
in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
Various Storm Drain Repairs Up to $175,000 Contract
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4. Time for Completion. Contractor will fully complete the Work within 15 days from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay
in completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses,
and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions
with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or
willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount
or type of damages or compensation payable under Workers' Compensation or other employee benefit
acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.
City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
Various Storm Drain Repairs Up to $175,000 Contract
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(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for
all liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
Various Storm Drain Repairs Up to $175,000 Contract
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Approved by City Attomey, dated 02/27/2020
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' 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 on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
Various Storm Drain Repairs Up to $175,000 Contract
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Approved by City Attomey, dated 02/27/2020
16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
Various Storm Drain Repairs Up to $175,000 Contract
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Approved by City Attomey, dated 02/27/2020
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address:
City/State/Zip
Phone:
Attn:
Email:
Contractor:
Name:
Address:
City/State/Zip
Phone:
Attn:
Email:
111 Morphew Street
San Rafael, CA 94901
415-485-3355
Ryan Montes, Operations and Maintenance Manager
Ryan. Montes@cityofsanrafael.org
Maggiora & Ghilotti, Inc.
555 Du Bois St
San Rafael, CA 94901
(415) 847-1484
Scott Ghilotti
ghilotti(cDgmail.com
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
[Signatures are on the following page.]
Various Storm Drain Repairs Up to $175,000 Contract
Page 6
Approved by City Attorney, dated 02/27/2020
The parties agree to this Contract as witnessed by the signatures below:
CITY: Appr ved as to form:
s/
Jim Sc tz, ity Manager b " Robert F. Epstein, City Attorney
Date: f' Z "/O ^ Z Date: t I Z& 1-,7b
Attest: j
s/ ,l� ' / �/i.G4it�
r Lindsay Lara, City Clerk
I'
Date:/ 8ki,;,A-o
CONTRACTOR:
ness Name
Scott Ghilotti
Vice President
Name/Title
Date: 10- ? j - 2 x3-2
s/
Name/Title
Date:
MAGGIORA & GNILOTTI, INC.
ENGINEERING CONTRACTORS
666 Dug= ST.
Seal:
2Z(0-1 U7 0-7,-3 - zo i 1
Contractor's California License Numbers) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
END OF CONTRACT
Various Storm Drain Repairs Up to $175,000 Contract
Page 7
Approved by City Attorney, dated 02/27/2020
Exhibit A
BID TOTALS
Biditem Description
Ouantity
Units
Unit Price
Bid Total
1 1315 2nd Street
1.000
LS
7,600.00
7,600.00
2 Lovell & Jordan
1.000
LS
10,500.00
10,500.00
3 D Street PCC Rem and Pave
40.000
TONS
475.00
19,000.00
Bid Total =_=====>
$37,100.00
#1 - 1315 2nd Street. Remove 2 squares of Sidewalk, Pour thickened edge around 3 sides and
dowel into curb on 4th side. Cast 6" thick deck with existing MH casting and lid. Rebar per County
STD DWG 210 for Type B Manhole. No work to Curb and Gutter anticipated. If needed then it will be
extra.
#2 - Lovell and Jordan Intersection. Remove and Replace 10 LF of Curb and Gutter (neatline
removal to AC, no patching). Remove and Replace 36 sqft of sidewalk including deck over box. Tie
into existing structure. New MH lid and casting. Work per Marin County STD DWGs.
#3 - D street Remove PCC and Pave back with AC. 133 LF @ 7FT wide by 6" deep. Remove PCC
and Repave with 1/2" HMA in 2 lifts. No striping or root removal included. Subgrade repairs beyond
6" will be extra.
Price includes permit (no fees), TCPs, USAs, and work listed above. Price excludes testing, survey,
additional work not included/outlined above, unforeseen conflicts, striping, hazardous and unsuitable
soil removal, etc.
Bond Number: 070208498
Premium $250.00
Performance Bond
City of San Rafael ("City"),and Maggiora & Ghilotti, Inc. ("Contractor") have entered into a
contract, dated t'_ , 20_�j("Contract") for work on the Public Works Contract/Projects up to $175K
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"),
The Ohio Casualty
1. General. Under this Bond, Contractor as Principal and Insurance Company its
surety ("Surety"), are bound to City as obligee for an amount not less than $ 37,100.00
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
Various Storm Drain Repairs
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Performance Bond
Attn: Liberty Mutual / Claims Dept
Address, 1001 4th Avenue Suite 3800
City/State/Zip: Seattle WA 98154
Phone: 206-473-6210
Fax: 866-548-6837
Email: hosclna.libertymutual.com
7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be
responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond.
8. Effective Date; Execution. This Bond is entered into and effective on October 19
20 20. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:_ The Ohio Casualty Insurance Company
Business Name
sl
Jill Seymour, A
Naine/ i itle [print)
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Maggiora & Ghilotti, Inc.
Business Na e
s/
7
Name/Title
s/
Name/Title
END OF PERFORMANCE BOND
Various Storm Drain Repairs Up to $175,000 Contract
Performance Bond
Approved by My Attorney, dated 02/27/2020
Liberty
Mutual®
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8203258 - 976005
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Tom Griffith, Jenny Hagemann, Paul Ramatici, Brianna Ramatici, Jill Seymour
all of the city of Petaluma state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of March , 2020 .
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M State of PENNSYLVANIA
County of MONTGOMERY ss
Liberty Mutual Insurance Company
P_V 1NSU� P"tr INS&p a 1Nsuo The Ohio Casualty Insurance Company
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David M. Carey, Assistant Secretary
4-- On this 6t11 day of March 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
c s Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
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�! COMMONWEALTH OF PENNSYLVANIA �1
N O C, 9�; y Notarial Seal
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C O Upper MerionTwp., Montgomery County By:
My Commission Expires March 28 2021
tNsyVJ �o eresa Pastella, Notary Public
�gFiY P�6b Member. Pennsylvania Association of Notaries
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
E•E Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV- OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the pres dent may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appo nt such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and delver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of C, 20
P� 1NSU'D PSV INS&..ppd 1NSUR1
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�V19S34CNU9��.ai3 y° �"'NAMPS�`,�a �s �NDIANP aa3 By. Renee C. Llewellyn, Assistant
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sonoma
On ,r . 2-0 ZO before me, Jenny Anne Hagemann - Notary Public
(insert name and title of the officer)
personally appeared Jill Seymour
who 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 instrument the
person(s), or the entity upon behalf of which the person(s) 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.
IIIIUIIIUII UIUNUUUUYIIUIIUIYIYUIIUUUUIUIUINIII1111111'
a JENNY ANNE HAGEMANN =_
COMM. 112156191
WITNESS my hand and official seal. _
NotaryPublic- California 'o
—
Sonoma County —
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My Comm Expires June 11, 2020E
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1 I "The notary commission extended pursuant
Signature\--t�_d(Seal) to Executive Order N-63-20"
Bond Number:070208498
Premium Included in Performance Bond
Payment Bond
City of San Rafael ("City") and Maggiora & Ghilotti, Inc. ("Contractor") have entered into a
contract, dated il inAeZ�i� , 20dPt ("Contract") for work on the Public Works Contract/Projects up to $175K
("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
1. General. Under this Bond, Contractor as principal and The Ohio Casualty Insurance Company
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ 37,100.00 , under California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of Contractor and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 9100, so as to give a right of action to those persons or their assigns in
any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond
upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn: Liberty Mutual / Claims Dept
Address: 1001 4th Avenue Ste 3800
City/State/Zip: Seattle WA 98154
Phone: 206-473-6210
Fax: 866-548-6837
Email: hoscl@libertymutual.com
6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
Various Storm Drain Repairs Up to $175,000 Contract
Payment Bond
Approved by City Attomey, dated 02/27/2020
7. Effective Date; Execution. This Bond is entered into and is effective on October 19
20 20 Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: The Ohio Casualty Insurance Company
Business Name
s/ o I `d (�E_i�L1 1iV4
Jill Seymour, Attorney -in -Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: MaggiOra & Gi11IOttl, Inc.
,l Busitless Name _ /
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
USA C41JAe-Kli
Name/Title
END OF PAYMENT BOND
Various Storm Drain Repairs Up to $175,000 Contract
Payment Bond
Approved by City Attorney, dated 02/27/2020
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liber Liberty Mutual Insurance Company
MUtuaL The Ohio Casualty Insurance Company Certificate No: 8203258 - 976005
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Tom Griffith, Jenny Hagemann, Paul Ramatici, Brianna Ramatici, Jill Seymour
all of the city of Petaluma state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of March 2020
Liberty Mutual Insurance Company
P� [NSU PSV INS& N. %NSURq The Ohio Casualty Insurance Company
aJ Gp0.POR,rF yC� yp GoµPorrq �Qgy `VP ooapORNA yn West American Insurance Company CU
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rdV19s's4CHU5� .dD yO NAMP`'�`(s �ti'OIANP aa3 /l%s �yi. 'tn
By:
CU David M. Carey, Assistant Secretary
`m State of PENNSYLVANIA ss ?
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CD m County of MONTGOMERY to
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oOn this 6th day of March 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance _ 0
` cu Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes m U)
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
m co
c IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. con
U) O CO
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` Q4, \nor+tvF F� COMMONWEALTH OF PENNSYLVANIA Q'a'
do 9ta y Notarial Seal O
O O OP Teresa Pastella, Notary Public CU
C Upper MerionTwp., Montgomery County By: 3 E
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�� My Commission Expires March 28, 2021
.. yTeresa Pastella, Notary Public O M
O �4RV PMember, Pennsylvania Association of Notaries O
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-u This Power of Attorney is made and executed pursuant to and by authority of the fallowing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
O •S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o mi
E ai ay
ARTICLE IV — OFFICERS: Section 120 CU. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m -0
President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety W
CU > C: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall N
o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such E N
Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ,� Cl)
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. eo 0
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Uo cn
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, 1--
shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West Amer can Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Compan es. s in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this day of
P� INSU� POSY INS& a %NSU
ZI24oaro�roym �J2cOnrortyr�Ryyci `v?GORror�r�yn
o to
1912q o o y1919� o a 1991 0
rd�9p4,4CHU5� .aa SO ��MAMPsa� L� le �HDIANp'
D3 By:
�h * >,� ,•yl * ��a s�M * *aa Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAiC Multi Co 12.+19
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sonoma
On �� ��%, 207-0 before me, Jenny Anne Hagemann - Notary Public
(insert name and title of the officer)
personally appeared Jill Seymour
who 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 instrument the
person(s), or the entity upon behalf of which the person(s) 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.
auawANNE Hug aauatmrauuua
€ JENNY ANNE HAGEMAGEMANN�
COMM. #2156181
!y Notary public - caiifornia o
WITNESS my hand and official seal. > sonomacounty
My Comm Expires June 11, 2020
numu,i iunuwumummaunoununuuunnuuunuumBi
"The notary commission extended pursuant
Sign rejj,���� (Seal) to Executive Order N-63-20"
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: TS for Ryan Montes Extension: 3354
Contractor Name: Maggiora & Ghilotti
Contractor's Contact: Scott Ghilotti Contact's Email: ghilotti@gmail.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED r REVIEWER
DEPARTMENT
DATE Check/Initial
1
Project Manager a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
Click here tn
Attorney c/o Laraine.Gittens@cityofsanrafael.org
City Attorney a. Review, revise, and comment on draft agreement
enter a
®tS
2
10/16/2020
® LG
and return to Project Manager
10/16/2020
® LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
10/16/2020
® BG
3 Department Director
Approval of final agreement form to send to
contractor
11/5/2020
4 Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
PRINT
Project Manager
Date of City Council approval
enter a date.
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
12 f� 7 2D
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
*71-a221,(for
Public Works Contracts)
9
City Manager / Mayor
Agreement executed by City Council authorized
(�
official
Attest signatures, retains original agreement and
10
City Clerk
qW
forwards copies to Project Manager
/—