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Home My WebLink AboutPW St. Resurfacing 2014-15 ProjectCITY OF Agenda Item No: 3 • g Meeting Date: August 3, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: &C,, /nom City Manager Approval: Acting Director of Public Works File No.: 16.06.83 TOPIC: AWARD A CONTRACT FOR THE STREET RESURFACING 2014-2015 PROJECT, CITY PROJECT NO. 11248. SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2014-2015 PROJECT, CITY PROJECT NO. 11248, TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF $1,183,000.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Ghilotti Brothers, Inc. in the amount of $1,183,000.00. BACKGROUND: Resurfacing of City streets is a vital program that improves a portion of the City's 175 miles of roadways each year. Experience has shown that resurfacing projects offer significant benefits, among them reduced maintenance costs and increased property values. The Department of Public Works utilizes the Pavement Condition Index (PCI) to identify streets in need of resurfacing and then conducts a field investigation to further analyze data. Available funding dictates the scope of the resurfacing project. The proposed project includes surface treatments of micro seal or pavement overlay, which are based on the Engineering Division analysis of the roads initially identified by the PCI process. This year staff recommends resurfacing 6.0 miles of roadways, on the following thirty-eight local streets: Roadway Sem Surface Treatment 1. Alasdair Court between Esmeyer Drive and End Micro Surface 2. Amalfi Place between Canal Street and End AC Overlay 3. Anchorage Court between Devon Drive and End Micro Surface 4. Bolanos Drive between Serra Way and End AC Overlay 5. Cabrillo Court between Duran Drive and End AC Overlay 6. Calafia Court between Serra Way and End Micro Surface 7. Canal Street between Kerner Boulevard and Bahia Way AC Overlay 8. Capri Court between Canal Street and End AC Overlay FOR CITY CLERK ONLY: File No.: 4-1-669 Council Meeting: 08/03/2015 Disposition: Resolution 13982 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Roadway Segment 9. Corte Pacheco 10. Deer Park Avenue 11. Deer Park Avenue 12. Devon Drive 13. Dianne Way 14. Dias Way 15. Diego Drive 16. Duran Drive 17. Edgewood Way 18. Embarcadero Way 19. Fairhills Drive 20. Galleon Way 21. Gold Hill Grade 22. Highland Avenue 23. Highland Avenue 24. Malone Lane 25. Oakmont Avenue 26. Patricia Way 27. Patricia Way 28. Pepper Way 29. Rustic Way 30. Sao Augustine Way 31. Serra Way 32a. Tarragon Drive 32b. Tarragon Drive 33. Terra Linda Drive 34. Vallejo Way 35. Wakerobin Lane 36. Wildwood Way 37. Wisteria Way 38. Woodbine Drive Surface Treatment between Nova Albion Way and End AC Overlay between Highland Avenue and Sea View Avenue Micro Surface between Highland Avenue and Locust Avenue AC Overlay between Esmeyer Drive and Golden Hinde Blvd Micro Surface between La Loma Court and End AC Overlay between Devon Drive and End Micro Surface between Duran Drive and End AC Overlay between Del Ganado Road and Patricia Way Micro Surface between Fairhills Drive and End Micro Surface between Third Street and Mission Avenue AC Overlay between Oakmont Avenue and End Micro Surface between De La Guerra Rd. and Vallejo Way AC Overlay between Locust Avenue and East End AC Overlay between Jewell Street and Deer Park Avenue Micro Surface between Deer Park Avenue and Deer Park Avenue Micro Surface between Devon Drive and End Micro Surface between Fairhills Drive and End Micro Surface between Las Collindas and East End AC Overlay between West End and Las Collindas Micro Surface between Fairhills Drive and End Micro Surface between Fairhills Drive and End Micro Surface between Nova Albion Way and End Micro Surface between Del Ganado Road and Montecillo Road Micro Surface between 600 Tarragon Dr and Tamarack Drive AC Overlay between Montecillo Road and 600 Tarragon Drive Micro Surface between Esmeyer Drive and End AC Overlay between Duran Drive and End AC Overlay between Woodbine Drive and Whitewood Drive AC Overlay between Oakmont Avenue and End Micro Surface between Wakerobin Lane and Whitewood Drive AC Overlay between Las Raposas Rd. and Whitewood Drive AC Overlay Applicable Americans with Disabilities Act (ADA) law requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public right-of-way. Under ADA law, when a street, roadway or highway is altered, curb ramps must be provided where pedestrian walkways intersect the altered street. A roadway alteration includes, but is not limited to, the addition of a new layer of asphalt or micro -surfacing. The Public Works Department has identified locations where eighteen new curb ramps could be installed based on a strict interpretation of the ADA. However, many of these ramps are located on steep hillsides and installing accessible ramps in these areas would exacerbate the steep areas of the sidewalk and essentially make the area more dangerous than the current condition. As pedestrian safety is paramount, Public Works, in conjunction with the City Attorney's office, recommends foregoing curb ramp installation at six of the originally identified eighteen locations, because doing so will make the ramps themselves a potential hazard. This project will therefore focus on the construction of the twelve remaining ADA compliant curb ramps and storm drainage improvements. In addition, in August of 2004 the City of San Rafael entered into a Settlement Agreement with the Federal Department of Justice (DOJ) to address a lack of compliance with the Americans with Disabilities Act (ADA) and related accessibility issues in City -owned facilities and the public right-of-way. A section of the Agreement calls for the City of San Rafael to construct curb ramps or sloped areas at any SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 intersection to provide access for pedestrians. In 2004, Public Works identified a backlog of 797 curb ramps. Of the twelve ADA curb ramp locations proposed for this project, six are specifically included in the backlog of 797 ramps required by the DOJ Settlement Agreement. A study of the project area was conducted to ensure that the most reasonable facilities for all modes of travel were included in the project design. The study was completed July 17, 2015. The Street Resurfacing 2014/2015 project has been determined to have no significant effect on the environment and is therefore categorically exempt from environmental documents. The Notice of Exemption was filed at the Marin County Clerk's Office on July 1, 2015. The project was advertised in accordance with San Rafael's Municipal Code on June 29, 2015, and sealed bids were publicly opened and read aloud on July 22, 2015 at 10:30 AM. The engineer's estimate was $1,365,000. Contractors submitted the following bids: NAME OF BIDDER AMOUNT Ghilotti Brothers, Inc. $1,183,000.00 Ghilotti Construction Company $1,383,022.00 Team Ghilotti, Inc. $1,353,531.00 PUBLIC OUTREACH: In December 2014, upon analysis and development of a draft list of roadways to be resurfaced, staff contacted all utility companies notifying them of the project. The original resurfacing list was refined in order to accommodate utilities performing work on roads to be resurfaced. This coordination and outreach effort will minimize the need for repairs within the limits of the newly resurfaced roadways following project completion. In March 2015, letters were sent to the fronting property owners and residents of each of the roadways proposed for resurfacing notifying them of the upcoming project. The letter also provided a link to the project website and suggested that the property owners evaluate the condition of their sewer laterals and to make any necessary repairs prior to the resurfacing of the road. The purpose of this coordination effort is to minimize sewer repairs within the roadway after resurfacing is complete, as well as to minimize the cost of the repairs for property owners. In response to the City's letter, 62 property owners repaired their sewer laterals, thereby reducing potential street cuts in the roadway. ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from Ghilotti Brothers., Inc. in the amount of $1,183,000.00 falls within the allocated project budget. FISCAL IMPACT: To date, $32,087.05 has been charged to this project for document reproduction, public outreach notification, topographic surveying, and recordation of the environmental document. The remaining project expenditures include construction by Ghilotti Brothers, Inc., a recommended contingency of approximately 11%, and consultant provided construction inspection services, bringing the total project budget to $1,370,000.00. This project combines the Street Resurfacing 2014-2015 and the Street Resurfacing 2014-2015 Curb Ramp projects which are listed in the FY 14/15 Capital Improvement Program (CIP) document. Bidding the work as one complete project reduces the staff time to manage the project. In addition, the total construction impact time to residents is reduced. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 The following tables summarize funding sources and expenses: FUNDING SOURCES Pro'ect Funding Sources Allocation Notes Gas Tax Fund (Fund #206) $1,500,000 Listed in 2014/2015 CIP as "Street Resurfacing 2014-2015" Gas Tax Fund (Fund #206) $150,000 Listed in 2014/2015 CIP as "Street Resurfacing Curb Ramps 2014-2015" Total Available Funds $1,650,000 Base Bid Contract Amount EXPENSES Category Amount Notes Already Charged Expenses Subtotal $32,087.05 Document reproduction, public outreach notifications, environmental document and topographic survey Remaining Expenses Construction Contract $1,183,000.00 Base Bid Contract Amount Supplies and Services $20,000.00 Materials Testing and Sampling (anticipated) Construction Contingency $133,785.00 Contingency (approx. 11%) Construction Inspection Services $75,000.00 Consultant provided Anticipated Reimbursements -$41,785.00 From various utility com anies Total Project Cost $1,370,000.00 We anticipated that the remaining $280,000 ($1,650,000-$1,370,000=$280,000) will be utilized to resurface additional streets in spring 2016. The streets to be resurfaced with this current allocation will include only those roadways for which utility work is presently needed. OPTIONS: 1. Adopt the resolution awarding the contract to Ghilotti Brothers, Inc., the lowest responsive and responsible bidder, in the amount of $1,183,000.00. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until summer 2016. 3. Do not award the contract and direct staff to stop work on the project. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Ghilotti Brothers, Inc. in the amount of $1,183,000.00. Enclosures: Resolution Agreement RESOLUTION NO. 13982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2014-2015 PROJECT, CITY PROJECT NO. 11248, TO GHILOTTI BROTHERS., INC. IN THE AMOUNT OF $1,183,000.00 WHEREAS, on the 22nd day of July, 2015, 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: "Street Resurfacing 2014-2015" City Project No. 11248 In accordance with the plans and specifications on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Brothers, 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; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Ghilotti Brothers, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Ghilotti Brothers, Inc. at the unit prices mentioned in said bid. 2. The Acting Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Ghilotti Brothers, Inc. in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. Funds totaling $ 1,370,000.00 will be appropriated from Gas Tax for City Project No. 11248 4. The Acting Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, 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 City Council of said City held on the Monday, the 3rd day of August, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.06.83 City of San Rafael ♦ California Form of Contract Agreement for Street Resurfacing 2014/ 2015 City Proiect No, 11248 This Agreement is made and entered into this day of ..._ fl ";%�L � .. , 2015 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinaer called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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 described in the plans and specifications for the project entitled: Street Resurfacing 2014/2015, City Project No. 11248, 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. The required additional insured coverage for City under contractor's liability insurance policy shall be primary with respect to any insurance or coverage maintained by City and shall not call upon city's insurance or self-insurance for any contribution. II- 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 shall be completed, including all punchlist work, within FIFTY (50) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - 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 $1,900 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. 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 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 ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Mobilization (Not to exceed 3% of Bid) 1 LS @ $35,000.60 = $35,000.60 2. Signs and Traffic Control 1 LS @ $105,725.0 $105,725.00 3. Clearing and Grubbing 1 LS @ $50,000.00 $50,000.00 4. Minor Concrete — Minor Structures a. Type A Curb and Gutter 425 LF @ $35.00 = $14,875.00 b. Four Inch Thick PCC Sidewalk" 593 SF @ $17.00 = $10,081.00 c. Case `C' Curb Ramp 12 EA @ $2,500.00 = $30,000.00 d. Type D Catch Basin I EA @ $3,500.00 = $3,500.00 Sd - s,, 0 L(1k ITEM DESCRIPTION ESTINIATED QUANTITY UNIT UNIT PRICE TOTAL PRICE e. Modified Type D Catch Basin I EA @ $3,500.00 $3,500.00 f. Modified Type B Manhole 2 EA @ $4,500.00 $9,000.00 g. 6" PCC Valley Gutter** 356 SF @ $31.00 $11,036.00 5. Storm Drain Pipe 14 LF @ $350.00 $4,900.00 6. Full Width Grinding** 80,166 SF @ $0.40 $32,066.40 7. Cold Planing a. 6' Edge Grind 15,515 LF @ $1.80 $27,927.00 b. 15' Conform Grind 805 LF @ $13.00 $10,465.00 8. Hot Mix Asphalt a. Full Depth Asphalt Concrete Pavement 69 TON @ $320.00 $22,080.00 b. Deep Lift Patching 138 TON @ $370.00 m $51.,060.00 c. Asphalt Concrete Overlay 5,615 TON @ $109.00 $612.035.00 9. Mirco-Surfacing* * 50,346 SY @ $2.00 - $100,692.00 10. Adjust Existing Facility to Grade a. Adjust Manhole Castings to Grade 47 EA @ $600.00 $28,200.00 b. Adjust Water Valve Cover to Grade 37 EA @ $65.00 $2,405.00 c. Adjust Gas Valve Cover to Grade 1 EA @ $500.00 - $500.00 d. Adjust Monument to Grade 11 EA @ $500.00 $5,500.00 e. Adjust Rodhole to Grade 9 EA @ $500.00 $4,500.00 f. Adjust PG&E Vault to Grade 1 EA @ $700.00 $700.00 g. Adjust Cable TV Box to Grade 1 EA @ $400.00 $400.00 11. Traffic Stripes and Pavement Markings a. Install Detail 22 Striping 130 LF @ $2.00 mm $260.00 b. Pavement Markings 1,648 SF @ $4.00 $6,592.00 "Final Pay Item GRAND TOTAL BID $ 1.183.000.00 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) 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) 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 Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (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) 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: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.06.83 CITY OF SAN RAFAEL: Kevin McGowan Acting Public Works Director GILOTTI BROS., INC.: d 4y Printed Name: Title: Thomas G. Barr, P.E. Vice President I General Engineering Contractors — Excavating, Paving, Grading, Concrete 525 Jacoby Street • San Rafael, CA 94901 • State Contractors License # 132128 GptATRACTo,eS '-Ince 191d• Transmittal Attn: Stephanie Project: Street Resurfacing 2014-2015 To: City Of San Rafael 111 Morphew Street San Rafael, CA GBI Job No.: 15415 Date: 8/19/2015 Attached please find: X Contract - Signature X Contract Bonds X Certificate of Insurance Executed Purchase Order Plans/Drawings Specifications Other - See Description Below Copies Date Pages Description of Attached 3 Master Construction Agreement 2 Payment and Performance Bond 1 Certificate of Insurance The attached are transmitted as indicated below: For Your Approval For Your Review and Comment X For Your Signature & Return X For Your Records X For Your Information Remarks: Respectfully, Tori JCawkins Returned as Requested Returned, Signed as Requested Tori Hawkins, Contract Administrator Phone: 415-256-2239 E-mail: torih@ghilottibros.com i / Ghilotti Bros., Inc. ER 100 YEgR 525 JACOBY STREET • SAN RAFAEL, CA 94901 OV S P 415.454.7011 • F 415.454.8376 STATE CONTRACTORS LICENSE # 132128 CORPORATE RESOLUTION I, Michael M. Ghilotti, President/Treasurer of Ghilotti Bros., Inc., a corporation organized under the laws of the State of California, do hereby certify that the following resolution is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly and regularly adopted by the Board of Directors in conformance with applicable law and by-laws of said corporation on the 3`d day of June 2015. RESOLVED, that Thomas G. Barr is hereby authorized to sign all bid and contract documents for Ghilotti Bros., Inc. IN WITNESS WHEREOF, we the Board of Directors set forth our names and affix the seal of said corporation, this 3`d day of June, 2015. Michael M. Ghilotti President/Treasurer � V, Dante W. Ghilotti CEO/Secretary Bond Executed in Duplicate FAITHFUL PERFORMANCE BOND Bond No 09191818 PUBLIC WORK (The premium charged on this bond is $ 6,869.00 , being at the rate of % First $100,000 @ $7.94 per thousand of the contract price) Next $400,000 @ 6.00 per thousand; Next $683,000 @ 5.38 per thousand KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the p City of San Rafael State of California, entered into a contract dated August 3rd 2015 with Ghilotti Bros., Inc. hereinafter designated as the "Principal," for the work described as follows: Street Resurfacing 2014-2015, Project No. 11248 ; and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of San Rafael in the penal sum of One Million One Hundred Eighty Three Thousand & 00/100 --- Dollars ($ 1,183,000.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the City of San Rafael its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 3rd day of August , 2015 PRF71001 CA0201 f Ghilotti Bros., Inc. Principal By G Michael M. Ghilotti, President/Treasurer Fidelity yand Deposit Company of Maryland By vL['L C !�'_' Kelly Hol emarm Attorncy-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Marin On August 13. 2015 before me, Date personally appeared Renee Powers, Notary Public Here Insert Name and Title of the Officer Michael M. Ghilotti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/#ger/th& authorized capacity(ies), and that by his/tte4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. dRENEE POWERS d W �.y COMM. #2119041 z 0 �' w Notary Public - California o Z . Marin County m M Comm. Expires AdX 11, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and I seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. w Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): U Partner — 0 Limited I -:I Gener IIndividual Attorney act I Trustee I I w df" ian or Conservator IOther: Signer.Representing: Signer's Name: 0 Corporate Officer — Title(s): Partner — Limited 0 General Individual LJ Attorney in Fact Trustee [I Guardian or Conservator J Other: ...-.mm Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 °.c,:cz:c,4r,�rcc�rcc;�r�c6.r.�r�r,�rcr�c,,�r�rcr.�s�,er.�rrd:car�r�:r.�r,,rr�r�.�c�r,;s�:c�r•�cc�r,�rs,� 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 „ _ Marin 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/#" executed the same in hWher/their authorized capacity(ies), and that by his/her/theif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,-J. DELUCA S oCOMM.#1993570 >ijNOTARYPUB!IC CALIFORNIA<MARIN COUNTYy Cann. Expires October 24, 201G, 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 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Number of Pages: , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:.......... LJ Corporate Officer — Title(s): ___,a,., 1"J Partner — Limited 1':1 General F1 Individual C:::I Attorne act 1 Trustee I Tan or Conservator 0 Other:.. Signer I presenting,- 02014 resenting: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond Executed in Duplicate PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas City of San Rafael has awarded to Ghilotti Bros., Inc. Bond No. Premium: 09191818 Included as Principal, a contract for the work described as follows: Street Resurfacing 2014-2015, Project No. 11248 AND WHEREAS, said Principal is required ad 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 Principal and Surety are held and firmly bound unto the City of San Rafael in the amount required by law, the sum of One Million One Hundred Eighty Three Thousand & 00/100 --- Dollars ($ 1,183,000.00 ) for which payment well and truly 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 Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. P'AY71001 CA0202f In witness Whereof, We have hereunto set our hand and seals this 3rd day of August 2015 Ghilotti Bros., Inc. Principal By: Michael M. Ghilotti, President Treasurer Fidelity and Deposit Company of Maryland By:�wG� Kelly Holte Cann Attorney -In -Pact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Marin ) On August 13, 2015 before me, Date Renee Powers. Notary Public Here Insert Name and Title of the Officer personally appeared Michael M. Ghilotti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisAiw/th& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RENEE POWERS COMM. #2119041 z o Notary Public - California o I. Z �'.. Marin County Ln My Comm. Ex ires JuIX 11,_2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and o ' ' seal. Ir Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: I I Corporate Officer — Title(s): LJ Partner — I 1 Limited I mm Gperat El Individual I I Ajpm6yin Fact Trusteeuardian or Conservator I 1 Other: Representing: Signer's Name: Corporate Officer — Title(s): Partner — Limited I I General 0 Individual 1 :1 Attorney in Fact I::I Trustee I.:.] Guardian or Conservator I Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Marin who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ar� subscribed to the within instrument and acknowledged to me that he/she/t+yey executed the same in his/her/their authorized capacity(ies), and that by his/her/#ieif 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 fficial seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ... _ Document Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,_,_„ 1...,.1 Corporate Officer — Title(s): . L� Partner — l I Limited F1 General 0 Individual El Attorne ' act ..... Trustee tan or Conservator Other: SignerI presenting: ©2014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 J. DI LUCA > 0 Comm #1993570 J u NO rARY PUBLIC -CALIFORNIA 0 k MARW COUNTY b " Icy Comm. mrm. Expires Octabet 24, 20161 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 fficial seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ... _ Document Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,_,_„ 1...,.1 Corporate Officer — Title(s): . L� Partner — l I Limited F1 General 0 Individual El Attorne ' act ..... Trustee tan or Conservator Other: SignerI presenting: ©2014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kelly HOLTEMANN and Joan DELUCA, both of San Francisco, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of May, A.D. 2012. ATTEST: 4,-, '2), 41�11� Secr•etar v Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ��/ wo ocror, •`Gr,��tns�gya ,;SAL ` 55TT i Sol. AO ~...Iu.....••. —�Z wo 4✓ Vice President Thomas O. McClellan State of Maryland County of Baltimore On this 14th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 016-0949H ACOR 7 a CC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 8/12/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Woodruff -Sawyer & Co. 50 California Street, Floor 12 San Francisco CA 94111 CONTANAME: CT Valerie Porter -Browne PHONE 415-391-2141 FAX 415-989-9923 E-MAIL v orter-Browne wsandco.com p INSURERS AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY INSURER A: Hartford Fire Insurance Company 19682 INSURED GHILBRO-01 INSURERB:TWIn City Fire Insurance Company 29459 Ghilotti Bros, Inc. 525 Jacoby Street San Rafael CA 94901 INSURER C : INSURER D: CLAIMS -MADE X OCCUR INSURER E: INSURER F: COVERAGES CERTIFICATE NIIMRER- 1849564671 RFVISION NIIMRFR- THIS IS TO CERTIFY THAT 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 WHICH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _LTR TYPE OF INSURANCE INSD POLICY NUMBER MMIDDY/YYW -POLICY DDIYYXYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 57UENQT9730 10/1/2014 10/1/2015 EACH OCCURRENCE 52,000,000 CLAIMS -MADE X OCCUR DAMAGES ( RENTED PREMISES Ea occurrence $300,000 X MED EXP (Any one erson) $10,000 BI/PD DED: x,10,000 PERSONAL & ADV INJURY 52,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMITAPPLIESPER: POLICY U JET LOC PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y 57UENQT9729 10/1/2014 10/1/2015 Eaaccident I $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ XIXHIRED IXAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE Per acc dent $ Comp: $1,000 DED $Coll: $1,000 DED Phy. Damage- Hired Auto UMBRELLA LAB OCCUR Id EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION S $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 57VVEQT9728 10/1/2014 10/1/2015 X PERTl1TE ETH STA ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If I DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) GBI Job #15415; Street Resurfacing. City of San Rafael, its officers, employees, agents and volunteers are named additional insured on GL and Auto coverage per endorsements HG 00 01 06 05 10 and HA 99 16 03 12 attached. Coverage is primary and non-contributory per endorsement HIS 00 01 06 05 14 attached. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. Lya:an City of San Rafael, its officers, employees, agents and volunteers 111 Morphew Street San Rafael CA 94915 ►c».ren�c�r�a��za��za�"��arr�riu�a ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Named Insured: Ghilotti Bros., Inc. Policy No. 57UENQT9730 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured,does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organizations) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 Named Insured: Ghilotti Bros., Inc. Policy No. 57UENQT9729 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1, - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suitor Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a, of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. B. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 Named Insured: Ghilotti Bros., Inc. Policy No. 57UENQT9730 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the 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. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve fonn of agreement; _ bonds and insurance cer 1c,at endorsements. 5 City Manager / Mayor / or Agreement executed by ouncil authorized Department Head official. 6. City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the 1�� contracting department. To be completed by Contracting Department: Pro ' ect Manager: " Project Name: A endized for Ci i Council Meetin � � p � i�M� �� _� � r� g City g of (if necessary) If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. XtN ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) —> CITY COUNCIL AGENDA ITEMS -> YEAR —> MEETING DATE 4 TOPIC Agenda Item # 3 . Date of Meeting: 8/3/2015 From: Kevin McGowan Department: Public Works Date: 7/22/2015 Topic: Award a Contract for the Street Resurfacing 2014-2015 Project; City Project No. 11248 Subject: A Resolution of the City Council of the City of San Rafael Awarding a Contract for the Street Resurfacing 2014-2015 Project, City Project No. 11248, to Ghilotti Brothers, Inc. in the Amount of $1,183,000.00 Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Department Director Remarks: ® Finance Director Remarks: Mark approved (no fiscal impact) ® City Attorney Remarks: LG approved 7/27/15 -see changes City Manager City of San Rafael ♦ California Form of Contract Agreement for Street Resurfacing 2014/ 2015 City Pro*ect No. 11248 This Agreement is made and entered into this day of , 2015 by and between the City of San Rafael (hereinafter called City) and Ghilotti Brothers, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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 described in the plans and specifications for the project entitled: Street Resurfacing 2014/2015, City Project No. 11248, 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. The required additional insured coverage for City under contractor's liability insurance policy shall be primary with respect to any insurance or coverage maintained by City and shall not call upon city's insurance or self-insurance for any contribution. H- 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 shall be completed, including all punchlist work, within FIFTY (50) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - 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 $1,900 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. 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 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 ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Mobilization (Not to exceed 3% of Bid) 1 LS @ $35,000.60 = $35,000.60 2. Signs and Traffic Control 1 LS @ $105,725.0 = $105,725.00 3. Clearing and Grubbing 1 LS @ $50,000.00 = $50,000.00 4. Minor Concrete — Minor Structures a. Type A Curb and Gutter 425 LF @ $35.00 = $14,875.00 b. Four Inch Thick PCC Sidewalk" 593 SF @ $17.00 = $10,081.00 c. Case `C' Curb Ramp 12 EA @ $2,500.00 = $30,000.00 d. Type D Catch Basin 1 EA @ $3,500.00 = $3,500.00 ITEM DESCRIPTION e. Modified Type D Catch Basin f. Modified Type B Manhole g. 6" PCC Valley Gutter** 5. Storm Drain Pipe 6. Full Width Grinding** 7. Cold Planing a. 6' Edge Grind b. 15' Conform Grind 8. Hot Mix Asphalt a. Full Depth Asphalt Concrete Pavement b. Deep Lift Patching c. Asphalt Concrete Overlay 9. Mirco-Surfacing** 10. Adjust Existing Facility to Grade a. Adjust Manhole Castings to Grade b. Adjust Water Valve Cover to Grade c. Adjust Gas Valve Cover to Grade d. Adjust Monument to Grade e. Adjust Rodhole to Grade f. Adjust PG&E Vault to Grade g. Adjust Cable TV Box to Grade 11. Traffic Stripes and Pavement Markings a. Install Detail 22 Striping b. Pavement Markings **Final Pay Item ESTIMATED UNIT QUANTITY $1.80 1 EA 2 EA 356 SF 14 LF 80,166 SF UNIT PRICE TOTAL PRICE @ $3,500.00 @ $4,500.00 @ $31.00 @ $350.00 @ $0.40 = $3,500.00 = $9,000.00 = $11,036.00 = $4,900.00 = $32,066.40 15,515 LF @ $1.80 = $27,927.00 805 LF @ $13.00 = $10,465.00 69 TON @ $320.00 = $22,080.00 138 TON @ $370.00 = $51,060.00 5,615 TON @ $109.00 = $612.035.00 50,346 SY @ $2.00 = $100,692.00 47 EA @ $600.00 = $28,200.00 37 EA @ $65.00 = $2,405.00 1 EA @ $500.00 = $500.00 11 EA @ $500.00 = $5,500.00 9 EA @ $500.00 = $4,500.00 1 EA @ $700.00 = $700.00 1 EA @ $400.00 = $400.00 130 LF @ $2.00 = $260.00 1,648 SF @ $4.00 = $6,592.00 GRAND TOTAL BID $ 1,183,000.00 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) 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) 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 Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (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) 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: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.06.83 CITY OF SAN RAFAEL: Kevin McGowan Acting Public Works Director GILOTTI BROTHERS, INC.: Printed Name: Title: CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS _---- __--- _ Notice is hereby given that the City of San Rafael Department of Public Works will receive bids for furnishing all labor, materials, equipment and services for Street Resurfacing 2014-2015 City Project No. 11248 Project Description: This project consists of all the associated work described in the attached specifications and plans and the provisions of this document for excavation, removal of existing concrete sidewalk, curb, gutter and catch basin and construction of new sidewalk, curb, gutter, curb ramps, storm drain improvements, resurfacing of various roadways, including asphalt overlays, microsurfacing, grinding, adjustment of various utility covers and roadway markings all located in the City of San Rafael, California. Each bid shall be in accordance with the plans and specifications, and other contract documents, now on file with the City Clerk, City Hall, San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, San Rafael, CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. Each bid shall be made out on the form to be obtained at the Department of Public Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before July 22, 2015 at 10:30 am. The City reserves the right to reject any or all bids or to waive any informality in a bid. The contractor shall have a "Class A" contractor's license in good standing registered in the State of California at the time of award of contract. No contractor or subcontractor shall be qualified to bid on, or be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015), and no contractor or subcontractor may engage in the performance of public works contract, unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ESTHER C. BEIRNE City Clerk Dated: June 29, 2015