HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-119 C,
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 26, 2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: Mone
ABSTAIN: None
RESOLUTION NO. 2002/119
SUBJECT: Approval of 3-Year Warranty Agreement for Cummings Skyway Overlay,as part of
the 2001 Overlays - State Funded (Project No. 0662-684242-01) constructed by
Ghilotti Bros.,Inc., Crockett area(District II).
The following document was presented for Board approval for 3-Year Warranty for
Cummings Skyway Overlay,Project No.0662-684242-01 located in the Crockett area,Supervisorial
District H.
A 3 Year Warranty Agreement with Ghilotti Bros., Inc., principal,whereby said principal
agrees to warrant paving improvements completed on August 13, 16, and 17,2001, on Cummings
Skyway as required in said 3-Year Warranty agreement, within three years from the date of said
agreement. Improvements generally consist of replacing any pavement which shows rutting
measured after August 20, 2004.
Said document was accompanied by security to guarantee the completion of road
improvements, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
originator: Public Forks(const) on the date shown.
Contact: Bob Faraone(313-2390)
RVF:tb
G:iGrpDataiConst\Contracts120021.3yrWarrantyBo-3 yrwarronty.docFEBRUARY 26, 2002
cc: Pubic Warks- R.Bruno,Construction A=
�iTEI�:,
_. C.Raynolds,Accounting JOAN SWEETEN, Clerk of the Board of Supervisors and
J.Florin,M&T Lab
Ghilotti,Bros.,Inc. County Administrator
By fz�— ,Deputy
1 '011
RESOLUTION NO.2002/,j g
SUBJECT: 3-Year Warranty Agreement
DATE: February 26, 2002
PACE: 2
I. Surety Bond
Financial Institution/Bond Number and Date: Travelers Casualty and Surety
Company of America,Band No. 103619476,Dated: January 30,2002
Performance Amount: $340,000.00
Principal: Chilotti Bros., Inc.
NOW, THEREFORE, IT IS RESOLVED that said 3 Year Warranty Agreement is
APPROVED and the Public Warks Director, or designee, is AUTHORIZED to execute the
Agreement.
RkSOLUTION N0. 2002/119
Bond No. 103619476
PREMIUM: 80.00
Proj ect.No: 0662-684242-01
"BOND ISSUED IN DUPLICATE« (Cummings Skyway RAC)
gMPR0 VZMMNT SECURITY BOND
FOP.3 YEAR WARRANTY AGRrEmKT
(.Performance and Guarantee)
1. Mau op 3 YEAR WARRANTil AGREEMENT: G bilott't Bras., Ino (GBI), agrees to replace all Rubber
Asphalt Concrete(RAC)placed mn Cummixgs Skyway on the days of August 13, 16 and 17,2001,which
shows Rutting 3/8 inch or greater Z and/or l~lushin g)to be measured after August 20,2004.The RAC did not
meet County minimum stability standards on those three paving days. All work shall be done in
conformance to the Plans, Specincations and Special, Provisions for the 2001 Overlays- State Funded,
Project No. 0662-684242-01, and be completed by October 1,.2004.
TRAVELS CASUALTY AND SUE]TY
2. OBLIGAnON.- Ghilotti Bros.,Ind. as Principal and Cts RAM OF AMERICA,a corporation organized under
the laws of the State of CONNECTICUT . and authorized to transact surety business in Califofnia, as
Surety, hereby jointly and severid1v bind ourselves, our heirs, executors, administrators, successors and
assigns to the County of Contra Qosta,California to pay as follows.
A. Performance., 2bme Hundred Forty'l'fiousand Dollars (S 34b.OM)for itself under
the above County 3 Year Wrranty Agreement.
3. C OND7. ON:
The Condition of this obligation to Section (2.A.) above is such that if the above bonded Principal, or
principal's heirs, executors, admiWs'trators, successors or assigns,shall in all things stand to and abide oy
and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any
alteration thereof trade as there5in provided on it or its part,to be kept and performed at the tuns and in.the
rnalger therein specified and in all respects according to their true intent and ineanitz,g and shall irzdemnifky
and save harrxr less the County of Contra Costa,its of icvrs,agwnts and employees, as therein stipulated,them
this obligation shall become null;an.d voids otherwise it shall be and remain in full farce and effect. As part
of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of
Contra Costa, in successfully et►forcing such obligation, all to be taxed as costs and included in' any
judgement rendered.
Should the work under the condit ons ofthis bond be fullyperfonned,+.hey this obligation shall become null
and void; otherwise it shall be and remain in full ford andaflrect
No alteration of said 3 Year WarrAnty Agreement or anyplan or specification of said work agreed to by GBI
and the County shall relieve'tbo Suety f7 m liability on this bond and consent is hereby given to mala such
alteration without further notice td)or consent by the Susety and the Surety hareby waives the provisions of
California Civil Carie Section 281.19 and holds itselfbound without regard to and independently of aayaction
against GBI whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this doti,i ment on JANUARY 30th., 2002
TRAVELERS CASUALTY AND SURETY
Principal: Ghilotti Bros.,Inc: SURETY: (IONPaN V nP AMRRTCA
address: X25 JACOBY STREET Address: 225 LEMON LANE, SUITE 200
City: SAN RAFAI�L, CA. 94901 City: WALNUT CA. 945 8
Print Name: MI GHIL0'I'TI Print Name: M LY HOLTE ANN
Title: Title: Attorney-in-Fact
0: t7sadCoast�Cantaabl�Oti213}s W:Yrcnty BarsQ.dac
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.8907
Stateof CALIF0�-LA
County of S011TOMA
On 1-30-02 before me, BONNIE K. FR�RE, NOTARY PUBLIC
DATE 7 []/y (/*�p NAME,TITLE.OF OFFICER-E.G.,-JANE DOE,NCUTAFPY PUBLiC-
personally appeared
i1.j,:1.6�JY .0 OLTE1'121L'TlV --...—.s.,..------...------.o—...---...---..------
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(x.) whose name is
subscribed to the within instrument and ac-
knowledged. to me that /she ;executed
the same.' in )WsVher/DMM authorized
capacity and that by /her/
OFFICIAL SEAL-1217287 signature(Y.) on the instrument the person(,
ri BONNIE K.FRYMIRE n or the entity upon behalf of which the
• NOTARY PUBLIC-CALIF
Z COUNTY OFSONOMA 2- person(,acted, executed the instrument.
€ My Comm.Exp,April 28,2403
WITNESS my hand and official seal.
SIGNATURE OF NOTAAY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying ort the document and could prevent
fraudulent reattachment of this farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER MAD=ANCE BOND
TITLE OR TYPE OF DOCUMENT
n7LE(S)
El PARTNER(S) El LIMrTED
® GENERAL TWO
ATTORNEYAN-FACT NUMBER OF PAGES
® TRUSTEE(S)
L� GUARDIAN/CONSERVATOR
OTHER: JANUARY 30th, 2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OFF PERSON(S)OR ENTITY(1E3) NIS
TRAVE111 CASUALTY.11711-TY COMPANY OF AM RI SIGNER(s) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Ramme!Ave.,P Sox 7184•Carc�ga Pari.,CA 913029-7154
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
LEDGMENT
I I
Mate of California
County of
SONQMA ss.
On 1-30-02 before me, BONNIE K. FPM=, NOT= PUMIC ,
Date Name and Title of ofFicar(e.g.,"Jane Doe,Notary Public)
personally appeared MICHAEL M. GI3ILOTTT
Name(s)of Signer(s)
f` gR personally known to me
0 proved to me on the basis of satisfactory 1
evidence
3
to be the person.(jl) whose named lstwm
subscribed to the within instrument and 1
acknowledged to me that he,,(g� executed
OFFICIAL SEAL•1217287 the same in hisbmntbmdx authorized
BONNiE K.FRYMiRE z capaclty ' and that by histoodbab,
NClrAFIY PUBLIC CALIF. M ssignatur On the instrument the person, Or
Z COUNTY OFSONOMA -• the entity upon behalf of which the person(a)j My Comm.Exp.April 28,2003#
—u--------- acted, executed the instrument.
I
W ESS my hand and official seal.
Place Notary Seal Above Signature of Notary PtatrTic�' 1
OPTIONAL
7'hough the information below is not required by law,it may prove valuable to persons relying on the documeant
.and could prevent fraudulent removal-and reattachment of this form to another document.
Description of Attached Document i
Title or Type of Document: MAINTENANCE BOND
Document Date. JANUARY 30th. 2002 Number of Pages-, TWO
Signer(s),Cather Than Named Above. N/S
Capaicity(ies) Claimed by Signer
Signer's Name: MICRAEL M. GHII= _
0 individual
55 Corporate Officer---Title(s): PR -=l TF?Eh>= Top of thumb here
0 Partner--0 Limited d General
0 Attorney.in Fact
n Trustee
Ci Guardian or Conservator
0 Cather.
+ Signer is Representing: GHILOTTI :SROS., INC. F
C".geS National Notary Association-92M De Sato Ave..PC,Box 2402-CnaiswoRr,--A 819 S>2402-w .netirrtainoarr.org Prod.No.590= Feortlar'ail Tots-Free;-SDOr576.5827
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this I lth day of December 2000.
STATE OF CON'NMCTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
}SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FARAIINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
offid"k.
,,Na syAd Jyt,'tY ANp rASU„L
IfAM R e HARTFORD, � +a 1982 o By-
caN�v.�f y1 CONN. brob��at George W. Thompson
1' �;�''' �. Baa r� + �� Senior Vice President
On this I Ith day of December, 2000 before me personally carne GEORGE W. THOMPSON to me known, who, being by me duty
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
* ,•quo * ��
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 30th day of
JANUARY , 2002
p.iY ANO �
A. �
m .,
HARTFORD, o 2 1982 gY
Kori M. Johanson C!
Assistant
Secretary,ecrety B
ary, ond
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
,Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTMCATE OF AUTHORITY OF ATTORNEY(S)-IN'-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY ANIS 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. Prymire, Thomas
Hughes,of Petaluma,California,their true and lawful Attorney(s)-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 mature 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 Attorney(s)-in-Fact, pursuant tc
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 fall force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,an)
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 sof authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognlxances,contracts of indemnity,and other writings obligatory ir
the nature of c.bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any suck:
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 Presiden'
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 i;
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or w7iting obligatory in the nature of a bond, recognizance, or conditiona:
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,an}
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or an;
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,is
required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their.certificates of authority a
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 b}
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETI
COMPANY-OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTI
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 ani
Power of,attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact fo
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorne,
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed an(*
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond o:
undertaking to which it is attached.
(11.00 Standard)