HomeMy WebLinkAboutPW Esmeyer Storm DrainsCity of San Rafael ♦ California
Form of Contract Agreement for Informal Bids
56 Esmeyer Storm Drain Improvements
This Agreement is made and entered into this2&day of JC5,8R A4 .2017 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:
1. Scope of the Work.
The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the
project entitled "56 Esmeyer Storm Drain Improvements," all in accordance with the requirements and provisions of
the Construction Plans attached hereto as Attachment A.
2. Prevailing Wages.
Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the
general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the
contract, shall be followed.
3. Bonds.
The Contractor shall provide and maintain during the course of the project, a Labor and Materials Bond issued by a surety
admitted in California, to cover the work under this Agreement, in the amount of $48,489.00. Furthermore, upon completion of
the work, the Contractor shall provide a Maintenance Bond equal to 504 0 of the final contract amount to cover the work for a
period of 12 months.
4. Time of Completion.
(a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of
written notice by the City to the Contractor to proceed.
(b) All work, including punchlist items, shall be completed within 10 Workinz Days, and with such reasonable
extensions of time as may be requested by Contractor and approved by City.
5. 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 working 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.
6. The Contract Sum.
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each
of the units of work in the following schedule completed, at the unit price stated. The number of units contained in this
schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or
made necessary by the work covered by the Contract.
ITEM DESCRIPTION
56 Esmeyer Drive
2. Forbes Ave at Eye St
4-i-(.0q5A
BID ITEMS
ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
Agreement • 1
LS «. $29,058.00 = $29,058.00
LS ci $19,431.00 — $19,431.00
GRAND TOTAL BID $48,489.00
7. 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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made,
pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department.
(c) The Contractor may elect to receive 1001.o 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 Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be
final.
8. Acceptance and Final Payment.
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City 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, shall be paid to the Contractor by the City as soon as possible,
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the City that all payrolls, material
bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or
liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing
payment of all such disputed amounts when adjudicated in cases where such payment has not already been
guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those
arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final
payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver
of all claims by the Contractor, except those previously made and still unsettled.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
9. Insurance.
(a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following
insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrenceAwo million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property
damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of
one million dollars ($1,000,000) dollars per occurrence.
3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as
required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both
Contractor and City against all liability for injuries to Contractor's officers and employees. Contractor's
worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City.
(b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section
above shall also meet the following requirements:
1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and
volunteers, as additionally named insureds under the policies.
Agreement • 2
I . The additional insured coverage under Contractor's insurance policies shall be primary with respect to any
insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for
any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad
as ISO form CG20 0104 13.
3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and
personal injury.
4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel,
terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days
written notice to City.
5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said
insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this
Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella
or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as
a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other
additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum
coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever is greater.
(c) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to
and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR)
provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or
other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be
reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
(d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the
insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing
all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific
endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a
full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not
constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City.
10. Indemnification.
(a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City,
and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from
and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to
attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of
Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's
obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or
willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in
proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition,
Agreement • 3
the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or
employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's
performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at
City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
(b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any
way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
11. Nondiscrimination.
Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national
origin or disability in connection with or related to the performance of its duties and obligations under this Agreement.
12. Compliance with All Laws.
Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the
performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless
City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
13. No Third Party Beneficiaries.
City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by
one party, under the terms and conditions of this Agreement, to the other party.
14. Notices.
All notices and other communications required or permitted to be given under this Agreement, including any notice of change of
address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
To City: Public Works Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
To Contractor: Maggiora & Ghilotti, Inc.
555 Du Bois St
San Rafael, CA 94901
15. Independent Contractor.
For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of
an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of
Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City.
16. Entire Agreement; Amendments.
(a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference,
represent the entire Agreement of the parties with respect to the subject matter of this Agreement.
(b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter
between the Contractor and the City.
(c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid
or binding, except by way of a written amendment to this Agreement.
Agreement • 4
(d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this
Agreement signed by the Contractor and the City.
(e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached
exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.
17. Waivers.
The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance,
law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of
any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement,
shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
18. City Business License; Other Taxes.
Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael
Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required
to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue
Service Form W-9 (Request for Taxpayer Identification Number and Certification).
19. Warranty.
(a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary
wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all
supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a
part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period
of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material,
together with any other work or material that may be displaced or damaged in so doing, that may prove defective in
workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to
City.
(b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after
being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair
of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything
herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results
in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City
shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on
demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property
shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole
discretion and judgment of City.
(c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other
product warranties to the City, prior to completion and final acceptance of the work by City.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the
day and year first written above.
CITY OF SAN RAFAEL:
Agreement • 5
Jim Schutz
City Mana er
ATTEST:
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
"i, 1`"E
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Robert F. Epstein
City Attorney
File No.: 08.09.19
Maggiora 6h�'Iotti, Inc.
By:
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Printed Officer Nand : (.� L-A*iloM—,
Title: 100a>(N-t+
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By:
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Title:
Agreement • 6
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Bond No. 070021281
Premium: $327.00
The Ohio Casualty Insurance Company
Performance Bond
KNOW ALL MEN BY THESE PRESENTS,
That xvc Maggiora & Ghilotti, Inc. as Principal,
(hereinalter called Principal) and The Ohio Casualty Insurance Company , with principal offices in Keene
New Hampshire as Surety. (hereinalter called Surety) are held and firmly bound unto
City of San Rafael
as Obligee, (hereinafter called Obligee). in the amount of
Forty Eight Thousand Four Hundred Eighty Nine and 001100 Dollars $ 48,489.00
for payment of which sum %yell and truly to be made, we bind ourselves, our heirs. executors, administrators. successors and assigns
firmly by these presents.
WHEREAS, the Principal did on January 30th, 2017
enter into a contract with said Obligee for
56 Esmeyer Storm Drain Improvements
which contract is by reference made a part hereof and is hereinafter referred to as the contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that if the Principal shall indemnify the Obligee against ari '
loss or damage directly arising by reason of the failure of the Principal to faithfully perform said contract, then this obligation shall be
null and void; otherwise to remain in full force and effect.
This bond is executed and accepted subject to the following conditions:
(1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the
Obligee.
(2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its home office. 136 North Third Street.
Hamilton, Ohio 45025, of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of
the Obligee.
(3) No suit at law or proceedings in equity to recover on this bond shall be instituted after one (I ) year from the date of acceptance
of the project.
SIGNL•'D. SEALED AND DATLD : January 30th, 2017
Maggiora & Ghilotti, Inc.
Principal
BN:
The Ohio Casualty Insurance Company
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
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.
Certificate No. 7355726
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations 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 WestAmerican 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, Jennv Haqemann; Paul Ramatici; Sandra J. Dunaway; Tom Griffith
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 stn day of May , 2016
4,PNO,C�SL 111 INS(, r0NSURq p,H1415Uq�ry
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STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
By: ,'1�4
David M. Carey"Assistant Secretary
On this 5th day of May 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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. d
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
SP COMMONWEALTH OF PENNSYLVANIA
N
weq�FCt Notarial Seal \�
� 10 = v Teresa Pastelia, Notary Public By:
OF Plymouth Twp., Montgomery County
My Commission Expires March 28, 2017 Teresa Pastelia, Notary Public
4.1GL4 �C Member, Pennsylvania Association of Notaries
ARY Pv�
This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, 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 attorneys -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, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey 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 this3day ofsJu t t /�_ 20 -
Pp10 CASG QTY IMSUq P�INSUR9 PNINSUR, , (—•/
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a 1906 p o 1919 n > -1912 ° ¢ 1991 By:
U o ^r &° a' y Gregory W. Davenport, Assistant Secretary
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sonoma
On 2 ,(2jO 201fj efore me, Mary Daverin - Notary Public
(insert name and title of the officer)
personally appeared Jenny Hagemann
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.
Signature t/ (Seal)
MARY DAVERIN
1t ,•`' :
Commission # 2053517
a -gy=m
z
Notary Public - California z
Z
Sonoma County n
My
Comm. Expires Jan 222018
Bond No. 070021281
Premium: Included in Performance Bond
The Ohio Casualty Insurance Company
Payment Bond
KNOW ALL MEN BY THESE PRESENTS,
That %Ne Maggiora & Ghilotti, Inc. , as Principal,
(hereinafter called Principal) and The Ohio Casualtv insurance Comnanv with principal offices in Keene,
New Hampshire, as Surety, (hereinafter called Surety) are held and firmly bound unto
City of San Rafael
as Obligee, (hereinafter called Obligee), in the amount of
Forty Eight Thousand Four Hundred Eighty Nine and 00/100 Dollars s48,489.00
for payment of which sum well and truly to be made. we bind ourselves, our heirs, executors. administrators, successors and assigns
firmly by these presents.
WHFREAS, the Principal did on January 30th, 2017
enter into a contract with said Obligee for
56 Esmeyer Storm Drain Improvements
which contract is by reference made a pail hereof and is hereinafter referred to as the contract.
NOW. THEREFORE... THE CONDITION OF THiS OBLIGATION. is such that if the Principal shall indemnify the Obligee against any
loss or damage direct]), arising by reason of the failure of the Principal to pay all just claims for labor and material furnished in the
completion of said contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be
null and void; otherwise to remain in full force and effect.
This bond is executed and accepted subject to the following conditions:
( I ) That the Obligee shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the
Obligee.
(2) That the Obligee shall notify the Surety by registered letter. addressed and mailed to it at its home oflice, 62 Maple Avenue. Keene,
New I lampshire 03431. of any breach of said contract within a reasonable time after such breach shall have conic to the knowledge of
the Obligee.
(3) No suit at law or proceedings in equity to recover on this bond shall be instituted atter one (I ) year from the date of acceptance
of the project.
SIGNED. SEALED AND DATED : January 30th, 2017
Maggiora & Ghilotti, Inc. oLdwff
Principal
By:
Gary Ghilotti
President
The Ohio Casualty Insurance Company
By:
JJenny Hagela n (Attorney -in -Fact)
S-138(Pay)
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
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.
Certificate No. 7355725
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations 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 WestAmerican 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. Jennv Haciemann; Paul Ramatici; Sandra J. Dunawav; Tom Griffith
all of the city of PETALUMA state of CA each individually if there be more than one named, its true and lawful attomey-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 5th day of May 2016
Pp1D CASG `ZY INSV 0NSt" INV-
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r r
a 1906 0 0 1919 n > 1912 ° 1991 °
Z o c v N
# *
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
By: e
David M. CareKssistant Secretary
On this 5th day of May 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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. d
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
SP PAST COMMONWEALTH OF PENNSYLVANIA
�Q o�oNwe9��lf Notarial Seal
Teresa Pastella, Notary Public By:
OF Plymouth Twp., Montgomery County
Teresa Pastella, Notary Public
My Commission Expires March 28, 2017
L4 �C' Member, Pennsylvan a Association of Notaries
°rgRv PVA"
This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, 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 attorneys -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 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, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey 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 36Aay of Jn
20 .
PND CAS& SSV INSU 1NSt/R V INSup V
z �;wvorcq�, 9�., yJP.oeF'oal.fR9,L �JA gtic, �P�µvcnct;�rtiC•
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< 1906 no o_ 1919 n >` 1912 ° 1991 By:
y a 2 nb y s' Gregory W. Davenport, Assistant Secretary
68 of 100
LMS_12873122013
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� U 0, X�Qbefore me, Mary Daverin - Notary Public
(insert name and title of the officer)
personally appeared Jenny Hagemann
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.
MARY DAVERIN
�I 44 Commission # 2053517
WITNESS my hand and official seal. Notary Public - California z
Sonoma County
M. Comm Expires Jan 22, 2018
Signature // (Seal)
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: Department of Public Works
Project Manager: Hunter Young
Extension: x3408
Project Name: 56 Esmeyer Storm Drain Improvements
Contractor Name: Maggiora & Ghilotti
Contractor's Contact: Matt Petray
Contact's Email: matt@maggiora-ghilotti.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to
enter It 11111[l. ® HY
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org 1/23/2017
2 City Attorney a. Review, revise, and comment on draft agreement 1/24/2017 ® LAG
and return to Project Manager
b. Confirm insurance requirements, create Job on 1/24/2017 ® LAG
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to 1/24/2017 ® HY
contractor for their signature
4 Project Manager When necessary, * contractor-siened agreement ® N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or Or Z HY
Public Works Contract > $125,000
Click here to
Date of Council approval enter a date.
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 2/15/17 ® HY
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed 2)l4//7
agreement
7 City Attorney Review and approve insurance in PINS, and bonds )1-7 D
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official ,�I 2A I
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager % '�3 �� �Jp2-