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HomeMy WebLinkAboutCC Resolution 10880 (Watt Ave. Reconstruction)RESOLUTION NO. 10880 RESOLUTION AWARDING CONTRACT FOR WATT AVENUE RECONSTRUCTION TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $184,011.00. WHEREAS, on the 10`h day of July, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "WATT AVENUE RECONSTRUCTION" PROJECT NO. 006-4069-606-8000 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Construction Company at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Construction Company and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Construction Company at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor of said City be authorized and directed to execute a contract with Ghilotti Construction Company for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works 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, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 16`h day of July, 2001, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phi 11 i ps & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEAN M. 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En O<OUFULU mU U 0❑ o N i w > w k _< 0°° w t > a w a< a a T m z zcn - J > w w w waw c� Baa GL)XC)ZU) LU zLLzz LU -i0 o n < Zi d > LL LL z iLL H a _D N O p z z w< J<<< z<¢ U O J C U J U J C U J C U J C U O C J J U N J U N 2 2 U LL w U L,) F> U =0 F' F o •� ~ ~ o ~ o {<- o r y o H E<-• > c c N c w W Z Z Y Z Z W Z s W< e cUto0MU.-CDU.-W U - W < -UU W --w U) >Qw❑<❑Ux>wC6wX uLL < u 6 G? LO : z LOz LO .O z l9 Z f9 LO z z L/7 lfl U z L9 LL LL F LL m LL < LL m LL LO f/) W 0 G O - N M C v1 v'J r 00 O• C- N m 7 n �R 3=a �z r City of San Rafael • California Form of Contract Agreement For Watt Avenue Reconstruction This Agreement is made and entered into this 16th day of July, 2001 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II — Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Watt Avenue Reconstruction, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within fourty-five (45) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the 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. AGREEMENT • 1 ����iA��i�� EST UNIT INO. I ITEM I UNIT I QTY I PRICE, $ PART A CITY OF SAN RAFAEL 1 Mobilization L.S. 1 8,000.00 2 Class 2 Aggregate Base C.Y. 270 43.00 3 Adjust Manholes to Grade E.A. 2 335.00 4 Type "A" Concrete Curb and L.F. 670 21.00 Gutter and 3 200.00 600.00 Modified Type "F" Curb 2 125.00 250.00 5 Concrete Driveway and Sidewalk S.F. 4,330 4.50 6 12" PVC C900 Pipe L.F. 127 55.00 7 Type "C" Catch Basin & 24"x24" EA. 3 1,800.00 Grated Drop Inlet 1 3500.00 3500.00 8 Removal and Installation of E.A. 7 210.00 Street Signs 9 Traffic Stripping L.S. 1 1,000.00 10 Mulch L.S. 1 1,300.00 11 Traffic Control L.S. 1 4,500.00 12 Construction Staking L.S. 1 2,000.00 13 Chain Link Gate and Fence L.F. 102 33.00 14 Asphalt Concrete TONS 390 60.00 15 Trees E.A. 5 400.00 16 Excavation C.Y. 950 26.00 PART A SUBTOTAL BID PART B MARIN MUNICIPAL WATER DISTRICT 1 INSTALL WELDED STEEL PIPE a) 10 -inch b) 6 -inch 2 INSTALL POLYVINYL CHLORIDE (PVC) PIPE a) 6 -inch 3 INSTALL VALVES - WELDED a) 10 -inch b) 6 -inch 4 INSTALL PIPE FITTINGS - WELDED a) 10 -inch b) 6 -inch 5 INSTALL PIPE FITTINGS - NOW WELDED a) 10 -inch b) 6 -inch 6 MAKE CONNECTIONS TO EXISTING PIPELINES a) 10 -inch 7 INSTALL FIRE HYDRANTS 8 INSTALL TAPS AND CONNECTIONS FOR SERVICE LATERALS a) Insulate 1 -inch or less b) Insulate 1-1/2 to 2 -inch c) Renew 1 -inch or less ITEM TOTAL, $ 8,000.00 11,610.00 670.00 14,070.00 19,485.00 6,985.00 5,400.00 1,470.00 1,000.00 1,300.00 4,500.00 2,000.00 3,366.00 23,400.00 2,000.00 24,700.00 $129,956.00 LF 10 90.00 900.00 LF 40 85.00 3400.00 LF 460 50.00 23000.00 EA 1 210.00 210.00 EA 3 200.00 600.00 EA 2 125.00 250.00 EA 1 100.00 100.00 EA 3 50.00 150.00 EA 3 40.00 120.00 EA 1 3500.00 3500.00 EA 2 900.00 1800.00 EA 4 200.00 800.00 EA 1 300.00 300.00 EA 1 250.00 250.00 AGREEMENT • 2 ITEM NO. ITEM 9 INSTALL COPPER SERVICE PIPE a) 1 -inch b) 1-1/2 to 2 -inch 10 PAVEMENT CUTTING 11 PAVEMENT REMOVAL 12 TRENCH EXCAVATION 13 FURNISH AND PLACE IMPORTED BACKFILL - SELECT SAND 14 FURNISH AND PLACE CLASS 2 AGGREGATE BASE BACKFILL 15 FURNISH AND PLACE TEMPORARY PAVEMENT 16 FURNISH AND PLACE PERMANENT PAVEMENT a) 8 -inch AC Plug 17 SHEETING AND SHORING 18 EXCAVATION AND DISPOSAL OF ROCK SF 50 30.00 1500.00 LF 25 10.00 250.00 CY 5 100.00 500.00 PART B SUBTOTAL BID $54,055.00 PART B MARIN MUNICIPAL WATER DISTRICT SUBTOTAL BID 54,055.00 GRAND TOTAL BID (PART A & PART B) $184,011.00 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) On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (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 AGREEMENT • 3 EST UNIT ITEM UNIT QTY PRICE, $ TOTAL, $ LF 30 110.00 3300.00 LF 30 50.00 1500.00 LF 1000 1.50 1500.00 SF 750 4.00 3000.00 CY 100 15.00 1500.00 CY 30 50.00 1500.00 CY 75 45.00 3375.00 SF 750 1.00 750.00 SF 50 30.00 1500.00 LF 25 10.00 250.00 CY 5 100.00 500.00 PART B SUBTOTAL BID $54,055.00 PART B MARIN MUNICIPAL WATER DISTRICT SUBTOTAL BID 54,055.00 GRAND TOTAL BID (PART A & PART B) $184,011.00 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) On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (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 AGREEMENT • 3 the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The 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. (d) 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: - . '. anne M. Leona i City Clerk APP OVED FORM: 7a T. Ragghianti City Attorney CITY OF SAN RAFAEL: "'Alb;t t Boro Mayor Coactor: Richard W. Ghilotti 41) President for �\�U�o4iCIA'is-+t`l Gh'G)'. c , 1 Iris. File No: 16.01.200 Stacy L Magill Secretary AGREEMENT • 4 Client#• 15856 ^-HILOCON ACORDT- CERTIFICA , E OF LIABILITY INSURANCE o�il9io� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2199 S. McDowell Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 4409 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma, CA 94955-4409 INSURERS AFFORDING COVERAGE INSURED INSURER Travelers Ghilotti Construction Company, Inc. INSURER State Compensation Insurance Fund 246 Ghilotti Avenue INSURER C Santa Rosa, CA 95404 INSURERD INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS $ INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE LTR DATE (MM/DD/YYI POLICY EXPIRATION DATE (MM/DD/YYI LIMITS AUTO ONLY AGG A GENERAL LIABILITY CO3 31 K9 9 0 8 T I L 01 02/01/01 02/01/02 EACH OCCURRENCE S1 , 0 0 0, 0 0 0 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one tire) S5 0 , 0 0 0 CLAIMS MADE X OCCUR MED EXP (Any one person) S5, 000 X PD Ded : 5, 0 0 0 PERSONAL 8 ADV INJURY , 0 0 0, 0 0 0 X OCP 'S1 GENERAL AGGREGATE s2, 000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP!OP AGG s21, 000,000 POLICY X PRO- LOC JECT S A AUTOMOBILE LIABILITY 810 3 31 K9 9 0 8 T I L 01 02/01/01 02/01/02 COMBINED SINGLE LIMIT S1, 000, 000 X ANY AUTO (Ea accident) TH- X TORY LIMITS ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per acc dent) S X Drive Other Car E -L. DISEASE - POLICY LIMIT $1,000,000 PROPERTY DAMAGE $ (Per acc dent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG S A EXCESS LIABILITY CUP331K9908TILO1 02/01/01'02/01/02 EACH OCCURRENCE $4, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $4 , 000, 000 S DEDUCTIBLE S X RETENTION SO $ B WORKERS COMPENSATION AND 64161700 10/01/00 10/01/01 TH- X TORY LIMITS EMPLOYERS' LIABILITY ,OER E L. EACH ACCIDENT - S1, 000, 000 E -L. DISEASE - EA EMPLOYEE S1, 000, 000 E -L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Cancellation: Except for ten day notice for non-payment of premium. RE: Job ##4350, Watt Avenue Reconstruction Additional Insured named per the attached GL endorsement. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURERLETTER: City of San Rafael Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 3Z[•j N_NMXWAAIL 3 0 DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT,LVEK&[DqXQ3MDLX )aacQaieptoaxoEpQ asa>�aswxxs�eeixsosi ORIZED REPRESENTATIV L ACORD 25-S (7/97) 1 of 2 #S41282/M41281 R9S 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S41282/M41281 Insured: Gbilotti Construction Co., Inc. COMMERCIAL GENERAL LIABILITY Policy: C0331K9908TIL01 _ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to Include any person or organization you are re- quired to include as an additional insured on this policy by a .written contract or written agreement in effect during this policy period and executed prior to the occurrence of any loss. 2 The insurance provided to the additional Insured is limited as follows: a) The person or organization is only an addi- tional insured with respect to liability arising out of "your work" for that additional Insured. b) In the event that the limits of liability stated In the policy exceed -the limits of liability re- quired by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the limits of liability required by the written contract. This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. c) The insurance provided to the additional in- sured does not apply to "bodily injury", "property damage", "personal Injury" or "advertising Injury" arising out of an archi- tect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- cations; and It. Supervisory or Inspection activities per- formed as part of any related architec- tural or engineering activities. d) Except when required by written contract or written agreement, the coverage provided to the additional Insured by this endorsement does not apply to "bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connec- tion with the general supervision of "your work". e) This insurance does not apply to "bodily in- jury" or "property damage" arising out of "your work" included in the "products - completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the contract and in no event beyond the expiration date of the policy. f) This Insurance does not apply to any person or organization for whom you have procured separate liability insurance while such insur- ance is in effect, regardless of whether the scope or limits of insurance in this policy ex- ceed those of such other insurance or whether such other insurance is valid or col- lectable. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I — Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. d. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the addltlona; insured whether primary, excess, con- tingent or on any other basis unless a written contract or agreement specifically requires that this insurance apply on a primary or contributory basis. S. As soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward a'i legal pa- pers to us, cooperate in the defense of any ac- tions, and otherwise comply with policy condi- tions. CG D2 09 07 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 City of San Rafael, its elective, and appointive boards, cpmmissions, officers, agents and employees The City of San Rafael, i-ts officers, agents and emnlpyees, are i3ddiitignal i ns„reds hereunder but only as respects liability arising out of the land and/or nronerty and/or work described in the,-mlublic Works Contract for the project, entitled Watt kvenue Reconstruction between the City of San Rafael and (21110tti Construction Company. SAFECO` CONTRACT BOND - CALIFORNIA FAITHFUL PERFORMANCE - PUBLIC WORK EXECUTED IN DUPLICATE KNOW ALL BY THESE PRESENTS That GHILOTTI CONSTRUCTION COMPANY MILLENNIUM CORPORATE PARK BLDG C 18400 NE UNION HILL ROAD REDMOND, WA 98052 Bond #6117596 Initial premium charged for this bond is $1325.00 subject to adjustment upon completion of contract at applicable rate on final contract price. of 246 CHI LOTTl AVENUE, SANTA ROSA, CA 95407 as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL P. 0. BOX 151560 SAN RAFAEL, CA 94915-1560 in the sum of ONE HUNDRED EIGHTY FOUR THOUSAND ELEVEN b NO/100 ONLY►����������: :.�� �;. .n���.��:. Dollars ($ $784,011.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That entered into a Contract, dated JULY 16, 2001 , with the CITY OF SAN RAFAEL to do and perform the following work, to -wit: MATT AVENUE RECONSTRUCTION WHEREAS, the above -bounden Principal has NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 15th day of JULY 1 2001 GHILOTTI CTION COMPANY Pri4cipal �. hard W. Ghilottl BY: President SAFECO INSURANCE CO NY OF AMERICA Y J �. PILCARD Attorney -in -Fact S-0815/SAEF 10/99 0 Registered trademark of SAFE�PO Corporation STATE OF CALIFORNIA} COUNTY OF SACRAMENTO} ALL-PURPOSE CERTIFICATE ss On _ JUL 1 6_=_ , before me, Kathy Rangel, a notary public; personally appeared Jana B. Pilgard, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. KATHY RANG! COMM. # 1290841 3 NOTARY PUBLIC • CALIFORNIA SACRAMENTO COU «< Comm. Exp. JAN. 14,:2j5 SAFECO' EXECUTED IN DUPLICATE CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 Bond #6117596 PREMIUM INCLUDED CHILOTTI CONSTRUCTION COMPANY and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL P. 0. BOX 151560 ' SAN RAFAEL. CA 94915-1560 , as Obligee, in the sum of ONE HUNDRED E1CNTY FOUR THOUSAND ELEVEN & NO/]DO ONLY Dollars ($ $184.011.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 16th day of JULY 2001 , with the Obligee to do and perform the following work, to -wit: MATT AVENUE RECONSTRUCTION NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to thein or their assigns in any suit brought upon this bond. Signed, sealed and dated this 16th No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. day of JULY , 2001 CHILOTT CTION COMPANY Principal BY: ichard W. Ghilotti p President SAFECO INSURANCE COMPANY OF AMERICA By _ C' JA PILCARD, Attorney -in -Fact S-0816/SAEF 10199 0 Registered trademark of SAFECO Corporation. STATE OF CALIFORNIA} COUNTY OF SACRAMENTO} ALL-PURPOSE CERTIFICATE ss On JUL 16 2001 , before me, Kathy Rangel, a notary public; personally appeared Jana B. Pilgard, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. KATHY RANGEL COMM. # 1290841 ` NOTARY PUBLIC • CALIFORNIA SACRAMENTO COUNTY Comm. Exp. JAN. 14, 200 A F E C O" POWER Sl,, -)INSURANCE COMPANY OF AMERICA GENLRAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOMEOFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 9829 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint +rtrrrr+►+ra+►r+tr►+rtrrr»►++rr+�ar�++ar►rt+t+t•+r►rrr++JANA B. PH CARD: Sacramento, Gailomiar++rr++trrr+r++r+•rrrrrrrr+r++►t►+trrrt++r+++rr+++►►►rtwt►r• Its true and lawful attorney(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of March , 1999 _10? k� 44&96&19 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.,. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, n The provisions of Article V, Section 13 of the By -Laws, and (it) A copy of the power-of-attorney appointment, executed pursuant thereto, and (i) Certifying that said power -0f -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set rrry hand and affixed the facsimile seal of said corporation this 16th day of .m , SEAL X i JULY , 2001 R.A. PIERSON, SECRETARY S-09741SAEF 7/98 ® Registered trademark of SAFECO Corporation. 324199 PDF