HomeMy WebLinkAboutCC Resolution 11838 (Drainage Improvements)RESOLUTION NO. 11838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR BELLE & ELM AND REDDING WAY DRAINAGE IMPROVEMENTS TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $156,789.00 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 27th day of September, 2005, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "BELLE & ELM AND REDDING WAY DRAINAGE IMPROVEMENTS" PROJECT NO. 11079 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Maggiora & Ghilotti, Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Maggiora & Ghilotti, Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Maggiora & Ghilotti, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Maggiora & Ghilotti, Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED, FURTHER, that the Council does hereby authorize the Public Works Director to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 3rd day of October, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA&M LEONCINI, City Clerk File No.: 08.02.239 City of San Rafael ♦ California Form of Contract Agreement for BELLE & ELM AND REDDING WAY DRAINAGE IMPROVEMENTS Project No: 11079 This Agreement is made and entered into this 3rd day of October 2005 by and between the City of San Rafael (hereinafter called City) and Maggiora & Ghilotti, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Belle & Elm and Redding Way Drainage Improvements, Project No 11079:, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within forty-five (45) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the bid schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 C, PrIV ITEM NO. ITEM 1 Site Clearing, Grubbing, Mobilization, Traffic Control, Utility Coordination, Environmental Controls, and Temporary Facilities and Controls 2 Demolition a. Concrete Curb: Gutter 3 Storm Drain System a. 18" RCP Pipe b. 15" PVC Pipe c. 12" PVC Pipe d. Catch Basin (UCS #223, Type D with Gallery Inlet (#226) and Stub Out) e. Catch Basin (UCS #222, Type C) f. Catch Basin (UCS #223, Modified Type B, with Double Gallery Inlet (#226)) g. manhole (UCS #202, Type A) h. Connection to existing Catch Basin 4 Subsurface Void Fill (Class 2 AB) 5 Concrete (Cast -In -Place) Flatwork a. 30" Wide Curb/Gutter (UCS #101, Type A) b. 30" Rolled Curb/Gutter 6 AC Berm UNIT I EST QTY LS 1 LF 346 UNIT PRICE, $ 15,927.00 12.00 ITEM TOTAL,$ 15,927.00 4,152.00 LF 207 175.00 36,225.00 LF 328 122.00 40,016.00 LF 61 129.00 7,869.00 EA 2 4,500.00 9,000.00 EA 5 3,500.00 17,500.00 EA 1 5,500.00 5,500.00 EA 1 4,000.00 4,000.00 EA 3 600.00 1,800.00 TN 30 67.00 2,010.00 LF 128 30.00 3,840.00 LF 200 35.00 7,000.00 LF 130 15.00 1,950.00 Grand Total 156,789 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment AGREEMENT • 2 (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: nne M. Leone City Clerk /_`;� Gary T. R ghanti j City Atto�y F File No.: 08.02.239 CITY OF, RAFAEL: ZJb�e. Boro y CO TRACTOR: I 16" V r AGGIORA & GHILOTTI, INC. for tl INEERING_ CONTRACW_ RS 555 DuBOIS ST. SARI RAFAEL, CA. 94901 Gary Ghilotti President ­�� -, ' C_�:_ AGREEMENT • 3 ACCRA CERTIFICATE F LIABILITY INSURANCt OP ID K DATE(MM/DD/YYYY) MAGGI-1 10/13/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Phone:707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Valley Forge Insurance INSURER B: Transportation Ins. Co. Ma5 giora & Ghilotti, Inc. I INSURER C: National union Fire Ins. of PA 55Dubois Street I INSURER D! San Rafael CA 94901 INSURER E - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INJK AUVIL POLICY NUMBER LTR INSRC TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X X COMMERCIALGENERAL LIABILITY TCP2086634900 UAMAUL IU KtN I tU 09/01/05 09/01/06 PREMISES (Ea occurence) S 300,000 CLAIMS MADE XX OCCUR I MED EXP (Any one person) S 5, 000 X PD Ded. $10,000 PERSONAL BADV INJURY S 1,000,000 X J XCU Included GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I $ 2,000,000 POLICY ] JE� n LOC I Emp Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO BUA2086634993 09/01/05 09/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) X PD Ded . $1,000 PROPERTY DAMAGE I S Per Accident (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ I S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE I $ 5,000,000 C XI OCCUR F1 CLAIMSMADE BE9032853 09/01/05 09/01/06 I AGGREGATE I $ 5, 000, 000 I IS DEDUCTIBLE I I S X RETENTION $10,000 I $ WORKERS COMPENSATION AND I I TORY LIMITS I I ER I EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT I S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEEI $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PRO IISIONS RE: Operations of the Named Insured for the Certificate Holder JOB: Belle & Elm & Redding Way Drainage Improvements Project #11079/M&G7466 *its officers, agents and employees 30XG140331A CERTIFICATE HOLDER City of San Rafael* Department of Public Works P.O. Box 151560 San Rafael CA 94915-1560 ACORD 25 (2001/08) CANCELLATION SANRAFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I I I i i u Illi w u 1 I, MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUS� III III Yuufl III uYuh I AU\ RESE Q__J u©i4 �(9RD CORPORATION 1988 G -1.10331-A99 (Ed. 10' 1) Policy no. TCP2086634900 CNA For All Commitments You Make* IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: City of San Rafael, its officers, agents and employees Belle & Elm & Redding Way Drainage Improvements Project no. 11079; M&G#7466 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: G -140331-A99 (Ed. 10/01) G -140331-A99 (Ed. 10/1) a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 1. Paragraph Ch. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G -140331-A99 (Ed. 10.'01) CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-13-2005 GROUP: 000315 POLICY NUMBER: 0001551-2005 CERTIFICATE ID: 62 CERTIFICATE EXPIRES: 10-01-2005 10-01-2005/10-01-2005 CITY OF SAN RAFAEL NC JOB:PROJECT NO. 11079 M&G#7466 DEPARTMENT OF PUBLIC WORKS BELLE & ELM & REDDING WAY P.O. BOX 151560 SAN RAFAEL SAN RAFAEL CA 94915-1560 CA This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER MAGGIORA & GHILOTTI, INC 555 DU BOIS ST SAN RAFAEL CA 94901 IREV.2-05) NC [B10,NCj PRINTED : 10-13-2005 CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE BOND EXECUTED IN TRIPLICATE KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUAL i Y AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 BOND NO. 104574744 PREMIUM: $823.00 That we, MAGGIORA AND GHILOTTI, INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the full and just sum of ONE HUNDRED FIFTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-NINE AND NO/1 OOTHS ------------------------------------------------------------------------------------------------------------------------------- Dollars, O/100THS------------------------------------------------------------------------------------------------------------------------------- Dollars, ($ 156,789.00), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 14TH day of OCTOBER , 2005 THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract or is about to enter into a contract with the said Obligee BELLE & ELM AND REDDING WAY DRAINAGE IMPROVEMENTS PROJECT NO. 11079 as is more specifically set forth in said contract, to which contract reference is hereby made. NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. MAG I'l D IL E .. L 7 Gary Ghilotti TRAVELERS CASUALTIfA&RIURETY COMPANY OF AMERICA By (, Hyl KELLY HOLTEMANN Attorney -in -Fact CALIFOR-NLA ALL-PURPOSE AC12. 0)i T EDGWIENT State of CALIFORNIA County of SONOMA On 10/14/05 before me, J. DE LUCA, NOTARY PUBLIC, personally appeared KELLY HOLTEMANN, ❑ personally known to me -OR- ® proved to me on the basis of satisfactory evidence to be the person(s} whose name(e} is/& -e subscribed to the within instrument and acknowledged to me that •halshehh.:, executed the same in 4is/her/fir• authorized capacity(ies} and that by iis/her/theff-signature(s) on the instrument the person(&), or the entity upon behalf of which the person(• acted, executed the instrument. J, DE LUC I iT cm/IM. 41521891 C1 -"�?► �^ NOTA�f PUBLIC CALIFORNIA n y4 d, SONOMA COUNTY -� *may ` • ' tbly Comm [_Xt)4fes OCL 24, 2008 WITNESS my hand and official seal. a Signature of Notary ar' r xt � " l ] t , d t �.( 'r F"•i A ei 3 - _ �s 5� b t !H t �b'� �'!'fa..i 2 .3 t :. T�.+S h�„1.,*��,rx' ji{.� Fu s*4 i �.�����t�'ib�an\� qty" F+r� � ilt!�' t... ���.. �F(.f L`�.� IIM]t�`�e' Wf5 �.�+t L� ti�'�Q�'..i�����a"'tr.�'^��:i.':•�K'jh���� '.je.:'f��l��iii,F%4���tE�l3.:� ni`1i�'.a � .;. �f(t�T�w�t;� Though the data below is not required by law, it may prove valuable to. persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Document ONE Number of Pages OCTOBER 14, 2005 Date SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA CA-ICW 24 (7/00) PAYMENT BOND - PUBLIC WC` SECTIONS 3247 - 3252, CIVIL CODE (CALIFORNIA) BOND EXECUTED IN TRIPLICATE KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUAL 4ND SURETY COMPANY OF AMERICA hdrtford, Connecticut 06183 Bond No. 104574744 Premium $ (INCLUDED) THAT WHEREAS, The State of California, acting by and through the CITY OF SAN RAFAEL has awarded to MAGGIORA AND GHILOTTI, INC. as Contractor, a contract for the work described as follows: BELLE & ELM AND REDDING WAY DRAINAGE IMPROVEMENTS PROJECT NO. 11079 AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the State of California in the amount required by law, the sum of ONE HUNDRED FIFTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-NINE AND NO/100THS ------------------------------------------------------------------------------------------------------------------------------------------------ ($ 156,789.00 ) Dollars, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 14TH day of OCTOBER , 2005 MAGGI IIOR� AND G . IL/OTTI, INC. 1 �� l� •,r1 r'�•, 1 �1 r�f1 ! � � �� Gary Ghilotti Contractor President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA B y ,. KELLY HOLTEMANN Attorney -in -Fact CA.LIFORNL4 A.LL-PURPOSE ACKNOWLEDGYMNT State of CALIFORNIA County of SONOMA On 10/14/05 before me, J. DE LUCA, NOTARY PUBLIC, personally appeared KELLY HOLTEMANN, ❑ personally known to me -OR- ® proved to me on the basis of satisfactory evidence to be the person* ; ; J. CSE LUCA : . 1 .L COW #1521891 � NOTAi :Y PUBLIC -CALIFORNIA n SONOF.1r. COUNTY -'' My Comm Ex,);res Oct. 24, 2008 � whose names} War& subscribed to the within instrument and acknowledged to me that-halshehhe�,executed the same in /her/ice authorized capacity(iesr , and that by h/her/thek—signature(s-) on the instrument the person(&), or the entity upon behalf of which the person4 acted, executed the instrument. W=SS my hand and official seal. Signature of Notary - ;. 'i, .'�;., .�'•--a:.._. __ .�S?... ,!'.�!. z .'�'�;n� , g� '�{� ,t ,�t •`�� ._pts`. 4�>., �.��4a�.;?�;i¢': �Rn'w,5:�.s.:.�,..,It:i^t':.•+tat i,�wSr��ii»s+,i.,iY ';.�4 :, „ .t'riJ�, Kn' .-:.cs''..f'Y'�.�r �• -� 1��..e..?P���^�s4"'1�?"�A,' a $.rvi rr���T .:ndfK.. 't•.' ) 'yarF 3 -'Sr �'� _:��,:.,��: �..-'a,,.11..fi_..-_. grl��Lis +}+:.!. f:�r'ri^.YY1�i�•!a.-,�� ?. �..�'K,tns�. Though the data below is not required by law, it may prove valuable to. persons relying on the document and could prevent fraudulent reattachment of this form •CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Document ONE Number of Pages OCTOBER 14, 2005 Date SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA CA-ICW 24 (7/00) ST PAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA T'" `TELERS CASUALTY AND SURETY COMPA FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Lawrence J. Coyne, Goran G. E. Ryn, Kelly Holtemann, Bonnie K. Frymire, Joan DeLuca, of Petaluma, California, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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