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HomeMy WebLinkAboutPW Rotary Manor Culvert Replacement ProjectContract This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Maggiora and Ghilotti, Inc. ("Contractor"), for work on the Rotary Manor Culvert Replacement Project ("Project"). The parties agree as follows: Award of Contract. In response to the Notice Inviting Bids, Contrac r has submitted Bid Proposal to perform the Work to construct the Project. On 20, City authorized award of this Contract to Contractor for the amount set f rt in Section 4, elow. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; Contractor's Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. 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 Documents, City will pay Contractor $778,700 ("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 in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 90 working days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $3,600 per day for each day of unexcused delay in achieving Rotary Manor Culvert Replacement 2022 Form CONTRACT Project #11371 Page 1 Final Completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers' compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code § 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." 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 requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. 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 overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Attn: Theo Sanchez, Associate Civil Engineer theo.sanchez6c�cityofsanrafael.org Rotary Manor Culvert Replacement 2022 Form CONTRACT Project #11371 Page 2 Contractor: Name: Maggiora and Ghilotti, Inc Address: 555 DuBois St City/State/Zip: San Rafael, CA 94901 Phone: (415)459-3965 Attn: Gary Ghilotti Email: garyna maggiora-ghilotti.com Copy to: Matt Petray, mattna,maggiora-ghilotti.com 12. General Provisions. 12.1 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. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Marin County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Marin County, California. 12.4 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. 12.5 Integration. 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. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 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 § 313. Rotary Manor Culvert Replacement 2022 Form CONTRACT Project #11371 Page 3 12 The parties agree to this Contract as witnessed by the signatures below: CITY: s/ CRISTIN OVICH, City Manager Date: S/ 3 /_7 ;! Attest: s/ LINDSAY LAR City7;? Date: G,q�., �Lq Cq- ?:i,g..S . Name, Title Date: c'U-Z2L-Z.0Z3 Seco S nature (S a lion 12.8): s/ 14 OTT-1 Name, Title Date: -7 - ZS- LO-Z'Z Approve -as to form: s/ ROBERT It. STEIN, Ci Attorney Date: v� ZZIo-1 Cp"1 ­_'�1311 Z 5 Contractor's California License Number(s) and Expiration Date(s) END OF CONTRACT Rotary Manor Culvert Replacement 2022 Form Project #11371 CONTRACT Page 4 r General Info Total: $778,700.00 Number Rotary Manor Culvert Replacement Deadline 06/28/2023 11:00 AM PDT Vendor Maggiora & Ghilotti, Inc. Submitted 06/28/2023 10:21 AM PDT Signed by Juan Trejo Account Holder Juan Trejo Opened 06/28/2023 11:00 AM PDT By theo.sanchez@cityofsanrafael.org ATTACHMENT LIST Plans 20230526.pdf (15.6 MB) Specs 20230621.pdf (15.8 MB) Exhibit A Description The City of San Rafael is inviting bids for its Rotary Manor Culvert Replacement project. The project is located at 1821 Fifth Ave in San Rafael and consists of replacement of an arch corrugated metal pipe culvert with a cast -in -place concrete box culvert and rehabilitation of the affected property grounds Engineer Estimate: $600k Allows zero unit prices and labor No Allows negative unit prices and labor No Addendum #1 20230530.pdf (63.7 KB) Addendum #2 20230621.pdf (4.46 MB) Addendum #3 20230621.pdf (350 KB) BID PROPOSAL ("Bidder") * Maggiora & Ghilotti, Inc. Page 1 of 9 07/14/2023 hereby submits this Bid Proposal to the City of San Rafael ("City") for the above -referenced project ("Project') in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price ('Base Bid"): $778,700.00 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): Addendum #: * Addendum Date: * May 30,2023 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): 1 Addendum #: * Addendum Date: * June 21, 2023 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reasori. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): 2 Addendum #: * Addendum Date: * June 21,2023 Page 2 of 9 07/14/2023 3. Bidder's Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder's knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code§ 1104. 3.2 Examination of Project Site. Bidder has had the opportunity to examine the Project site and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder's knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. Page 3 of 9 07/14/2023 This Bid Proposal is hereby submitted on [Date] 6/22/2023 s/ * Gary Ghilotti Name and Title Gary Ghilotti, President s/ * Scott Ghilotti Name and Title Scott Ghilotti, Vice President Company Name * Maggiora & Ghilotti, Inc. License #, Expiration Date, and Class 226767, 3/31/2025, A Address * 555 Du Bois St, San Rafael, CA 94901-3965 DIR Registration # 1000007991 City, State, Zip 94901 Phone (415) 459-8640 Contact Name * Matt Petray Contact Email mattt@maggiora-ghilotti.com END OF BID PROPOSAL Page 4 of 9 07/14/2023 BID SCHEDULE - DIRECTIONS This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance LF = Linear Foot CF = Cubic Feet LS = Lump Sum CY = Cubic Yard SF = Square Feet EA = Each TON = Ton (2000lbs) LB = Pounds BID SCHEDULE Bid Item No. Item Description 1 Traffic Control System 2 Remove Corrugated Metal Pipe Arch Culvert 3 Cut and Remove Asbestos -Cement Pipe 4 Sawcut and Select Demolition of Endwall 5 Remove Asphalt Concrete 6 Remove Storm Drain Inlet 7 Remove Chainlink Fencing 8 Tree and Environmental Protective Fencing 9 Clearing and Grubbing 10 Dewatering 11 Excavation 12 Structure and Select Fill $778,700.00 Est Qty. Unit Unit Cost Extension 1.00 LS $2,000.00 $2,000.00 1.00 LS $10,600.00 $10,600.00 40.00 LF $200.00 $8,000.00 1.00 LS $15,000.00 $15,000.00 200.00 SY $30.00 $6,000.00 1.00 EA $4,000.00 $4,000.00 70.00 LF $35.00 $2,450.00 320.00 LF $10.00 $3,200.00 1.00 LS $51,000.00 $51,000.00 1.00 LS $55,000.00 $55,000.00 460.00 CY $150.00 $69,000.00 340.00 CY $260.00 $88,400.00 Total: $778,700.00 Page 5 of 9 07/14/2023 Bid Item No. Item Description Est Qty. Unit Unit Cost Extension 13 Controlled Low -Strength Material (CLSM) 30.00 CY $400.00 $12,000.00 14 Planting Soil Fill 40.00 CY $215.00 $8,600.00 15 Soil Off -haul 140.00 CY $80.00 $11,200.00 16 Erosion Control 1.00 LS $4,200.00 $4,200.00 17 Aggregate Base 35.00 CY $600.00 $21,000.00 18 Asphalt Concrete 32.00 TONS $450.00 $14,400.00 19 Trench Bracing and Shoring 1.00 LS $62,000.00 $62,000.00 20 Concrete Box Culvert 42.00 CY $2,700.00 $113,400.00 21 Surface Preparation of Existing Box Culvert 1.00 LS $10,000.00 $10,000.00 22 Connection of New Box Culvert to Existing Endwall 1.00 LS $5,000.00 $5,000.00 23 Drainage Structure, 36"x48" Drop Inlet 1.00 EA $14,000.00 $14,000.00 24 Storm Drain Pipe, 12" PVC 8.00 LF $1,000.00 $8,000.00 25 Minor Concrete, Pad with Inset Commemorative Pavers 130.00 SF $85.00 $11,050.00 26 Chain Link Fence, 6' tall 70.00 LF $145.00 $10,150.00 27 Landscaping 4,100.00 SF $8.00 $32,800.00 28 Irrigation System 1.00 LS $38,950.00 $38,950.00 29 Redwood Arbor and Gate 1.00 LS $12,300.00 $12,300.00 30 Mobilization 1.00 LS $75,000.00 $75,000.00 Total: $778,700.00 SUBCONTRACTOR LIST - INSTRUCTIONS For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the bidder's total Contract Price,[1] the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. Page 6 of 9 07/14/2023 [1] For street or highway construction this requirement applies to any subcontract of $10,000 or more SUBCONTRACTOR LIST Description Subcontractor Name California Contractor Location of DIR Reg Percent of of Work License Number Business No. Work Landscape & Neary Landscape Inc. 814207 Cotati CA 1000002998 8.5 Irrigation Rebar Camblin Steel Service 218839 Roseville CA 1000003852 2.7 Inc. Fence & Arbor Able Fence 409607 Petaluma CA 1000005997 2.7 Tree Removal Kingsborough Atlas 679146 Santa Rosa CA 1000006559 Tree Surgery, Inc. .9 Suryvey nicquini & Passanno, NA Santa Rosa CA NA .9 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares I am the President of: * Maggiora & Ghilotti, Inc. the party making the foregoing bid The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with Page 7 of 9 07/14/2023 any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], * [city] * [state] * 6/22/2023 San Rafael California [7I agree that my digital or electronic signature applies to this form Name * Gary Ghilotti Bid Security As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (select one). Upload a scan of the paper bid security. Within ten calendar days following City's issuance of the Notice of Award to the apparent low bidder, the bidder must submit original hardcopies of the payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. Guarantee Method * Paper Bid Security, Cashier's Check, or Certified Check: Paper Bid Security, Cashier's Check, or Certified Check: Page 8 of 9 07/14/2023 Confirmation: * A bid security, using the Bid Security form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. REQUIRED DOCUMENTS LIST Name Omission Terms Submitted File Scan of Bond Forms Upload scan of bond forms. The originals will I am verifying my bid security electronically. 20230620161224769.pdf only be request of the apparent low bidder 1 Required Document Page 9 of 9 07/14/2023 Bid Bond Maggiora & Ghilotti, Inc. ("Bidder") has submitted a bid, dated June 22nd , 20 23 ("Bid"), to City of San Rafael ("City") for work on the Rotary Manor Culvert Replacement Project ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and The Ohio Casualty Insurance Comoany , its surety ("Surety"). are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsements) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Potential Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. 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 Surety - Claims Address: 1001 41h Ave Ste 3800 City/State/Zip. Seattle WA 98154 Phone: 206-473-6210 Fax: 866-548-6337 _ Email hosd@libertymutual.com 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Rotary Manor Culvert Replacement 2022 Form BID BOND Project #11371 Page 13 This Bid Bond is entered into and effective on June 14 , 20 23 SURETY: The Ohia;Casualty Insurance Company 6us�ineSs�lJame S% Ji I Seymour, Attor -In-Fact Name, Title Date June 14, 2023 (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Maggiora Ghilotti, I : r Business Name sl Name, Title Date END OF BID BOND June 14, 2023 Rotary Manor Culvert Replacement 2022 Form BID BOND Project #11371 Page 14 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 Liberty Mutual Insurance Company Mutual- The Ohio Casualty Insurance Company Certificate No: 8205618-976005 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate 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 Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brianna Ramalici; Jenny Hagemann; Jill Seymour; Paul Ramatici; Tom Griffith all of the city of Petaluma stale 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 surely 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 20th day of lvlay , 2021 . on a� c m `m State of PENNSYLVANIA R County of MONTGOMERY ss Liberty Mutual Insurance Company P� INS& P'SY INS& d INS&,44 The Ohio Casualty Insurance Company ��oa�OR+,o'�(� �J`�o+'�Oi►+��y VP'0+1n West American Insurance Company 1912 b o 0 1919 W 1991 rdpl'�9+CMU`'Q da yOs~M.1}IP=~Q�DO 'i �g010" a3 ►•N� BY: David M. Carey, Assistant Secretary " On this 20th da of fyla 2021 before me personally appeared David M. Care who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Y y P Y PP Y, 9 ry rty 0 m 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 0) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �m c •� m 0- do O w C N � y l0 d 0.5 E 'o U > N o � Z � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal al King of Prussia. Pennsylvania, on the day and year first above written sa PAST rTeresa Commonwealth of Pennsylvania - Notary Seal Paslella, Notary Public Montgomery County'',, tTF My commission expires March 28, 2026 By: w ��iTy PV© Commission number 1126044 Teresa Pasteila. Notary Public U—:ccf —f,' naAssoo+:unerNolades 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 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 attomeys-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 altomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall 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 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 altomey-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 president 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 surely any and all undertakings, bonds, recognizances and other surety obligations. Such altomeys-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 allomeys-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 surely 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, [rue and correct copy of the Po.yer of Altomey 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 L �1ay of—Ju—&_, :WZ3 P� INS(] P."I INS& d INS& � J oµrory� q. J ot<vo��Rq 4P opvo� y\ ul i 1912 0 0 1919 „ 1991 0 _ �� 3 S s es a g rdj)e •�+CNU'+ da O� NAMY�� aD le �NOIAN� .as Y ReR c`; Llewellyn. Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02121 Cr c Oq ` N N 00 o� 1� 00 c� m— �cc U 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,, .0 to l y P'02;-�_ before me, Victoria Espinoza - 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. WITNESS my hand and official seal. vitro tlA ESPINOZA Notary Public - California Sonoma County Commission p 2433136 '1Y/� My Comm. Expires Jan 2, 2027 Signature �LG�U L(.7i� �.S�O�i/Y1�d��t,�- (Seal) CALIFORNIA ACKNOWLEDGMENT ;CfiR+..: . � - ,•Itrfly�+' «,�:oaf=;•:,i,,:r .;:•;�:,,,:o: CIVIL CODE § 1189 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 l County of Mare J} On 51JrU 22. )6 2023 before me, (l AI 0 CICA e N PUIo\i C, Date Here Insert dome and Title o the Officer personally appeared of Signer(s) 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. ELIZABETH PAIGE SHOCKLEY ,_ COMM. #2421819 m WNOTARY PUBLIC -CALIFORNIA ?� MARIN COUNTY Aty Comm. Expires Oct. 16, 2028 Place Notary Seal and/or Stamp Above 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 S' nature of tary Public A ATIA\I A I Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: �1 G� �JOYId Document Date: SQy\e 220C(0 202:5 Number of Pages: q _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Y11 KCorporate Officer — Tit e(s): P1re5l"It ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond Number: 070214212 Premium: $3,703.00 Performance Bond The City of San Rafael ("City") and Maggiora and Ghilotti, Inc. ("Contractor") have entered into a contract for work on the Rotary Manor Culvert Replacement Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and The Ohio Casually Insurance Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $ 778,700.00 to ensure Contractor's faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor, 2. Surety's Obligations. Surety's obligations are co -extensive with Contractor's obligations under the Contract. 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. Otherwise, Surety's obligations will remain in full force and effect. 3. Waiver. 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 §§ 2819 and 2845. 4. 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 Contract Price 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. 5. Contractor Default. Upon written notification from City of Contractor's termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 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; 5.2 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 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 6. 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. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn Liberty Mutual Surety -Claims Dept. Rotary Manor Culvert Replacement 2022 Form PERFORMANCE BOND Project #11371 Page 7 Address: 1001 4th Ave Ste 3800 City/State/Zip: Seattle WA 98154 Phone: 206-473-6210 Fax: 866-548-6337 Email: hosciAlibertymutual com Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, 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. Effective Date; Execution. This Bond is entered into and effective on July 21, 1 20 23. SURETY: The Ohio Casualty Insurance Company Business; Name sl I � mowr� Date Jill Seymour, Attorn y-In-Fact Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Maggior & Ghilotti, Inc. Business Na s/ I roil Name, Title Gaf PmsWnt APP VED BY CITY: , �- i � . C& s/ ROBE PSTEI City Attorney Date Julv 21, 2023 July 21, 2023 ,�I -9--1 -2, -� Date END OF PERFORMANCE BOND Rotary Manor Culvert Replacement 2022 Form PERFORMANCE BOND Project #11371 Page 8 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 Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8205618-976005 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, Brtanna Ranr,nlcl; Jenny I lagemann; Jill Seymour; Paul Ranlatici: Tom Gtillith 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 20th day of May , 2021 . Liberty Mutual Insurance Company INSu� POSY INSGR \NSug4 The Ohio Casualty Insurance Company A`�Pt,°AOOR�rF yC+ yJ°n°O"t+�R'9yO C'� \P BNX oa°O't WTF'n West American Insurance Company � �L O to 1912c/ o Z 1919 o s 1991 0 d�yssgCHt15" •LD 1AMP5`� By: / CU David M. Carey, Assistant Secretary c`6 State of PENNSYLVANIA C. County of MONTGOMERY ss o On this 20th day of May 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Yc6 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. c6 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. (6p N 0P PAST dL WQ�� "O'�rIF�l,,�<� Tee'rresaa Pa Cella, Notary P blicllitf Or Pennsylvania -Notary Seal O O .�.. OF My County v My commission expires March 28, 2025 B C Commission number 1126044 y' o'.��G member, PEnnfyNdniJ AszocuGm of N.lares Teresa Pastella, Notary Public 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 0 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. o 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 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 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 U 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 president may prescribe, shall appoint such attomeys-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 American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Ftftonley 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 Companie§ Ih'r,;(,2� day offJ f,/�, /�—,t���f N. \NSUp �tY INSG 1i:S /p v �" =`OPPOlpycJRPOq�r'OPyyc+ pP°qlF l•F �% / 7- 1912 0 0 1919 f 1991 ' , f' d�ej' c*ue��dD o�y� Renee C. Llewellyn. Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Is] Oq L O N O N d M 00 00 v(D C (D f6 N aL) 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 IJ��9,IS o a`� before me, Jenny Anne Hagemann - Notary Public T L) (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. "- JENNY ANNE HAGS AANN Notary Public Cadfor-na WITNESS my hand and official seal. '�_ Sonoma County 1 Commission = 2362502 IF Signat a (j V ,1 I�(/�P �6((Seal) Bond Number: 070214212 Premium Included in Performance Bond Payment Bond The City of San Rafael ("City") and Maggiora and Ghilotti, Inc. ("Contractor") have entered into a contract for work on the Rotary Manor Culvert Replacement Project ("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 $ 778.700.00 , under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or 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 § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 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 §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn Libertv Mutual Surety -Claims Dept. Address: 1001 4th Ave Ste 3800 City/State/Zip' geattle wa AM i4 Phone: na_471_F91n _ Email. hosclelihertvmutual.eom 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, 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. [Signatures are on the following page.] Rotary Manor Culvert Replacement 2022 Form PAYMENT BOND Project #11371 Page 5 7. Effective Date; Execution. This Bond is entered into and is effective on July 21, 20 23 . SURETY: The Ohio Casualty Insurance Company Business Name s/ J : Seymour, Attomey- -Fact Name, Title Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Maggiora & Ghilotti. Inc. Business Name C s/ Name, Title Gary Ghibt6 President APPRO D BY CITY: sl - � I pjau ROBER STEIN, Cj y Atto! i Bey Date END OF PAYMENT BOND Rotary Manor Culvert Replacement 2022 Form Project #11371 July 21, 2023 July 21, 2023 2t--v -z' 2--) Date PAYMENT BOND Page 6 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. rn c CU �6CU Q) a; U CI) 0 (D > N 3 a c� O� L O C a) f�6 O) N C6 tT O.S E� 02 '0>1 cts c > a) L Z 0 _ Liberty Mutual SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205618-976005 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, Brianna Ramatici; Jenny Hagemann; Jill Seymour; Paul Ramatici; Tom Griffith all of the city o1 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 20th day of May , 2021 . Liberty Mutual Insurance Company P� 1Nsup9 P'tv INS& a INSUgq The Ohio Casualty Insurance Company �J 4oaPORaf� Y� yJ�4oaPos4`�9yn �PaoaPORRQnyC� West American Insurance Company J 3 o n+ Q o p r o f 1912 0 0 1919 f 1991 dJ1'Ss4CNU5" .dal' y0 ryHAMV'�",aD �s �NOIANr •aD �� !N� N U By: David M Carey, Assistant Secretary CT of PENNSYLVANIA — :3 N of MONTGOMERY E On this 20th day of May , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a� 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 Q therein contained by signing on behalf of the corporations by himself as a duly authorized officer- > 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. ; M PAgT a O 5p Q�4 �rpNWr F! Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public ; 4D 1' V Montgomery County �2C > _ (D 0 to E OF My commission expires March 2025 B044 O y• 4 ��e Commission number 112604 Disc"vS1'L`19' Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public i Q_ O �G "Fry P O 0 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 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 attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall 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 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 attomey-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 president 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 appoint such attomeys-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 insurznce 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 624 day off P� 1NSUN POSY INSU� NX 1NSUga �— ` 0 R�rOyeJ�4oavoRgro_V. `VP2QavoRy, + � 1912 0 1919 1991 us.�aD so�yN,MPs Nda 'e "10100' cis By Renee C. Llewellyn, Assistant Secretary y N 00 O N Z M - 00 00 aCD c iv C D U O N M 2 oT LMS-12673 LMIC OCIC WAIC Multi Co 02/21 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 J 1, before me, Jenny Anne Hagemann - Notary Public TI (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. ++ JENNY ANNE HAGEAIANN .. Notary Public • California Sonoma County WITNESS my hand and official seal. Commission 4 2362502 •.... My Comm. Expires Jun 24, 2025 SignatLKel 994) Vl(Seal) �Pa R . F44P �1 2 s ail y �VITH P' V- 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: Nataly Torres (for Theo Sanchez) Extension: 3353 Contractor Name: Maggiora and Ghilotti, Inc. Contractor's Contact: Gary Ghilotti Contact's Email: gary@maggiora-ghilotti.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to Project Manager contractor Forward three (3) originals of final agreement to 4 contractor for their signature When necessary, contractor -signed agreement 5 Project Manager agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager DATE Click here to enter a date. 7/18/2023 7/18/2023 7/18/2023 7/20/2023 7/20/2023 ❑ N/A Or 7/10/2023 7/31/2023 REVIEWER Check/Initial El ❑X NT ❑X NT NT ❑X AM IXI NT