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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
-
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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.
(11-00 Standard)
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