Loading...
HomeMy WebLinkAboutCC Resolution 10909 (N. San Pedro - Civic Center Dr. Impr.)RESOLUTION NO. 10909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR N. SAN PEDRO RD. AND CIVIC CENTER DR. IMPROVEMENTS TO GHILOTTI BROS., INC. IN THE AMOUNT OF $858,888.20 WHEREAS, on the 14`h day of August, 2001, 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: "N. SAN PEDRO RD. AND CIVIC CENTER DR. IMPROVEMENTS" PROJECT NO. 047-4710-660-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Bros., Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, BE IT RESOLVED that the bid of Ghilotti Bros., Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Bros., Inc. at the unit prices mentioned in said bid. BE IT FURTHER RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. 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, 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 on Monday, the 201h day of August, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JEAIMNE M. LEON�City File No.: 16.01.205 m 4- 0 A, 0 0 o c c o 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o c O C C C C= 00606r1o0ovio000�o6-zrcc6000'Do6vlo W)o60000CD000 O '� O O O CD C M 00 r N 7 OMO O r4 N 7 r-� Cr vii, � o 0 0 o vvi �! o0 0 o c c In In o 0 o v_' 0 0 U r C71 Vl N C M— 00 W) 00 M '7 — C\ V1 r C\ O N — 7 00 [� O— N00 0 7N— — N - M — > L+ U O O O O O O O O H O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0— O O O O n O C Vl O O O O O In O O O O O O C C O O O O O O O O U o F v CD c:, �0000Inc1lr`oir "o Ino�o�ooc,'D V10000�=c=, g. 0Inr-r- z U_ O C O 7 r C. 10 r+'1 17 N— M O O In — M Ul M C\ In Vl 7 Vl M O M M M— — Irl C. O CV 7 !` O � cL 7 �n V' M 7 N — — — •--• rl V N Cn C O O O O O C O O O O O O C O O O O O o O O O O O O O O O O O O O O O O O o O C 69 C O O O O C O C In O O O O C O O O O O C C O O O O O C C C C O O O O O O O C O 1!: t; C O O O O o -7 V vl O o 0 0 00 vl O O O O O 'S C O O O O O O O C C O Wn O O O O O C M O C O O O M O V r• O O O CT N-- rl O O O o0 0 0 0 0 0 0 0 -7 0 0 0 0 0 0 In O n 7 C 00 0 0 0 00 rl 00 M �o C4 '7 r N N In C-1 In O M C 00 O o C, O N N In 00 r M O N T Q V' •- rl 7 00 In r! - rl N N rl rl — rl rl 00 CT F — r'l - U rn U 0 ( 0 0 0 0 0 0 Vl O O O In O O C O O O O O C C O O O O O O O C C O O O O O O C od .N 69 0 0 0 0 0 0 0'— C O O rl O O C O O O O O C C O O O O O O O C C O O O O O O C n �O •"J0 F, V O O O O O 00 CV M— O O O V'1 — —— In O O O -r O— O O O O O O o o O— C. 0 0 0 In O O 3 z O O O O O rl r ul vl O— rl N— O O O V o rI O O O O O 00 o C C— 0 0 4n Vl I- V n U O O O O 00 — M �o 7 M vl vl — C, vl O O O— D 'V In — O �n 7 CA CG _ ce 00 — fV r — M M M 'D C\ O N Irl M — C.3 In C G N N N— N N G tr) IS W) L) O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 69 In O o O O O O Vl C O O O O O O O O O O O O O O O O O O O O O O C O O O O O O o C L; -j � O O O O N O 1- 7 O? 0 0 0 0 0 rl O O O O C O C O O O O O O o Vl O O O O O 00 O 00 _ ¢ In C; O O O N rl CN 't O 7 O O o M N V O O O In 0 0 0 0 0 0 V r 00 C 7 M 0 0 0 0 0 rl r — 0 0 0 0— O oo N N 7 I N M In 00 V' 11: 7 N C. — 0 C 0 0 0 V N O C > N C.— W-1 O 7 ul �' fl) r — M N — N � 7 — 7 N — 00 r- rl r1l ^ 7 — V' C _ _ N o0 C .` 00 O r M In 7 CT M Irl N rl N 'S M -- — n Q C F N — U N y Q C U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C3 69 in 0 0 0 0 0 0 In rl 0 0 0 0 0 0 0 Vl O C O O O O O O O C O O O O O O o 0 0 0 0 0 O C Ems' (.„7 vl 0 0 0 0 00 M— O el OC Cc1l O Ci N O O Oc. N O r 0 CCD 0 0 0 as r- O M CCD = O W) 00 00 m O z U ^ 0 0 0 0 M N r -'V CV N r'1 O O O C O— N O M O O C 7 rV C— Irl O — N N (11 N— 7 'V 3 W) U G r M In 7 7 M— -- n d - i2 C C O o O o O C C O o o O O C o 0 0 o O O C C O o o 0 0 0 C C O o o O O C o 0 0 69 C O O O O O O r1: O O O O O o O O O O O O o O O O O O O O O O O O O O O o O O N O O O O In'V o— 0 0 0 0 0 10 O O 'O O O O C C V' O O In O O C C 0 0 0 0 0 0 0 0 00 -�O O O O In C In 0 0 0 It" O 7 �n O rl M O o 0— C C 0 0 C. D 0 7 0 C 0 vl 0 0 0 0 0 0 00 us <O O O O O f� oo O -, M N O 0o N M L 7 -n O rl o O �c a, O N N= 0 00 00 0= c 7 O 000 Q 00 — — — 'S � rl rl N rl — rl rl rl — rl rl tr, N L 00 v _ 0 rn U O O O C O O O O — O o O O O O O o O O O O O O O O O O O O O O O o O O O O O o 69 O O O O O O O CT — O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O OO O C Ul 00 oo — Vl ul O [� O N 7 C C O 'O O O 'O O O In O O vl 0 0 0 0 0 0 0 0 0 O` O O O C In InIn I- I- C-- N— O C O rel O eV CD 0 CD D O 00 r O O— C C O In O In 0 0 0 0^ C`I r1 1' O R V' r M C O In — rl O M O O— 7 N rl O "ro L V'l O C:) C:) C= N '7 N rl o CT O N In 0o C , — V M V] G 00 -- 7 N N-- N rl r1l C3 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 6A O O O O O O O O ul O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 rl O O O O o In O rl O O O O o C C 0 0 0 0 0 0 0 0 Vl 0 0 0 0 0 0 0 Qo C O o o �o rl r- — 0 0 0 0 C\ n! In C- O O O O O C O 0 0 0 0 vl C C O rl o o O 0 o O 00 O O O In O C 13 Ci N In r O O 7 r• R 00 vl O In C` 0 0 In M 0 0 0 0 In �c Ir: v, O O M M 00 N Ul — 7 raj — Q` M — '7 In M �O N O Ul O In In O M 00 M rl -r — — M Ir: u Q — C\ c'l M N N N M — N M f4 N -- — aLi n [- r! — 00u c c CIO LL] "4 0 o 0 0 0 C C O vl O O o C C o 0 o O O C C O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L...l O O o O O o O o r! o O O C O o o O O O O O O o o O O o o C o 0 o O O o O O O O Lj 6 0 0 0 0 0 0 rl — Ino C -n rl v'f �n 00 O O O O O n 0 0 0 0 0 0 In O O �n 0 0 0 0 6 0 oOOCC00�c I-VlCrlrl -- oCDCD OO OCCvlrnloO-CCoCD I W1 Z U O O O O Nm O In O vl — O O O O Vl N N Vl W) O O O Ul N^ C O O M In 00 — M M N O M C 00 4 7 O F E- CnCncn�lnzz> «Q _ _^_CELL CnCnuuu .J-J-J�nuuL�L�� W En -J -j -j -3 �<�<Cn-1-3 wuu W L U .+ N N W Or C 00 O -r O v VF] F — — — — M .I N •- O 7 — N 'V CT O — — — •- V' M 7 — C-1 N 7 E V d L0 J u G E U O c➢ 00- o F- 00 c V U N L ur L u C � O u O C P .L v c= n y G Z __ C CU £ G C c11 O T T n _C i7 P n Ln •_ - �_ V N OL 3 U — p i,• C1 n r _ L G U .�- .�- ci 'O N 113, L j •y M. V O > r= u u u i 0 d V n G ?; F G� n 0^L n 3 u i Cn O y .fl a u ti U -6 C C u T •D T vl u U C U Z LL] u n u u c U u [�' FvT •� v n.._ -o o rn > ? Ca J u ^� o -o o v0 U v a> u Cur L F o o o en G D> rn L CS h U U n O L n L•1 L •D C, L U ci - n O 'D CO O n o c o o o � n >> u u n o o c o y� 12 J u c eiz cu, �rQ O n�UUU u m 307 V >G>c1 0 n u crn > u clln_°d u u� at, u J U cu u 3 - u n u > o C', -a ;n 00 N �•i o o EG,°� n�iodE F >->�= o� u��� _fin > i� y- y y n o e " n E c n. a. - c- o o 0 o 0 0. c D`. a n 3 o f eni! ? a o Z '2 o °� u u N N o 'U 'o � u 3 3 3 3 n O cs L u o -L u -u o o e c �''rUG"r_' 4 <uceC ��UUUU n�U�21- V] n��<U.�Z t -j CCL-' N M 'S Vl V r oo CT O— N M 7 ul 'V t� oo O O N M r ul �o I, 00 C% O^ N M 7 V' l� 00 C` O — — — ^ — — — — — — N C4 N N N N N N rl rl M M re) M rel In M M rrl '7 z�n [_-z City of San Rafael ♦ California Form of Contract Agreement AUG For e �•;��_t v,.•,; irc:� r� r. N. SAN PEDRO AND CIVIC CENTER DRIVE IMPROVEMENT§'" This Agreement is made and entered into this 20th day of August, 2001 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: lI - 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: N. San Pedro and Civic Center Drive Improvements, 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 5 calendar days after the date of written notice by the City to the Contractor to proceed. However, no field construction shall occur until all traffic signal hardware, including poles, mast arms, signal heads, and controller are within the possession of the contractor. (b) The work shall be completed within 90 working days after the date of such notice, and after 20 week lead time for acquisition of materials, and with such extensions of time as are provided for in the General Conditions. 111I - 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 $500.00 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. 1V - 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 'COPS ITEM EST UNIT UNIT ITEM NO. ITEM QTY PRICE, $ TOTAL, $ 1 Mobilization 1 LS 85,000.00 85,000.00 2 Traffic Control System 1 LS 10,000.00 10,000.00 3 Clearing and Grubbing 1 LS 10,000.00 10,000.00 4 Remove Miscellaneous Items 1 LS 10,000.00 10,000.00 5 Remove Concrete 1 LS 40,755.00 40,755.00 6 Asphalt Concrete 1,162 TON 58.00 67,396.00 7 Asphalt Concrete Overlay 3,932 TON 58.00 228,056.00 8 Cold Plane Asphalt 15,685 SY 1.90 29,801.50 9 Reinforced Pavement Fabric 19,370 SY 1.11 21,500.70 10 Raise Manhole Casting to Grade 12 EA 275.00 3,300.00 11 Adjust Water Meter to Grade 2 EA 275.00 550.00 12 Relocate Water Meter 1 EA 2,400.00 2,400.00 13 Curb & Gutter (Type A) 1,160 LF 19.00 22,040.00 14 Curb & Gutter (Type B) 1,068 LF 17.00 18,156.00 15 Curb (Type E) 115 LF 20.00 2,300.00 16 Curb (Type F) 310 LF 12.00 3,720.00 17 Sidewalk and Driveway 4,484 SF 4.00 17,936.00 18 Modify Drop Inlet to Type B Top 1 EA 4,000.00 4,000.00 19 Catch Basin (Type B) 2 EA 2,600.00 5,200.00 20 Drop Inlet (Modify Grate) 1 EA 2,600.00 2,600.00 21 Reinforced Concrete Pipe - 18" 6 LF 36.00 216.00 22 Curb Ramp 9 EA 700.00 6,300.00 23 Cobble Stone Median 1,000 SF 20.00 20,000.00 24 Signal System Modification 1 LS 126,306.00 126,306.00 25 Video Detection System 1 LS 29,000.00 29,000.00 26 Street Lighting System 1 LS 10,000.00 10,000.00 27 Striping and Pavement Marking 1 LS 12,565.00 12,565.00 28 Median Island End Treatment 6 EA 100.00 600.00 29 Remove & Salvage Rd Sign & Post 3 EA 80.00 240.00 30 Adjust Monument Casting to Grade 4 EA 275.00 1,100.00 31 Construction Staking 1 LS 5,000.00 5,000.00 32 Loop Detector Replacement 27 EA 300.00 8,100.00 33 Narrow Median 155 SF 10.00 1,550.00 34 Irrigation 1 LS 28,000.00 28,000.00 36 Landscaping 1 LS 20,000.00 20,000.00 37 Install Removable Curb Plate Cover 1 EA 1,100.00 1,100.00 38 Roadside Sign on New Post 6 EA 450.00 2,700.00 39 Roadside Sign to Existing Post 2 EA 200.00 400.00 40 Relocate Roadside Sign to New 4 EA 250.00 1,000.00 Post Grand Total $858,888.20 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. AGREEMENT • 2 (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 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: Je ne M. Leoncini City Clerk CITY OF S FAEL: i ert oro pl, Mayor APPVED1: GHILOTTI BROS., INC.: �G7 Gayy T. Ra gg/ at i City Attorn for AGREEMENT • 3 CONTRACTOR'S BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR FAITHFUL PERFORMANCE Hartford, Connecticut 06163 BOND EXECUTED IN TRIPLICATE BOND NO. 005SB103619509BCM PREMIUM: $5,067.00 KNOW ALL MEN BY THESE PRESENTS: That we, GHILOTTI BROS . , INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94915-1560 as Obligee, in the full and just sum of EIGHT HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY EIGHT AND 20/100THS ----------------------------------------------------- Dollars, ($ 858,888.20 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 28TH day of AUGUST , 2001 THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contractor is about to enter into a contract with the said Obligee for NORTH SAN PEDRO ROAD AND CIVIC CENTER DRIVE IMPROVEMENTS, CITY PROJECT NO. 047-4710-660-8000 FEDERAL PROJECT NO. STPL 5043—(012) as is more specifically set forth in said contract, to which contract reference is hereby made. NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. GHILOTTI BROS., INC. BY: `v/ MICHAEL M./GHIFLOTTI, CO—OWNER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA t• By KELLY H04EMANN Attorney -in -Fact S-2359-1 (07-97) CALIFORNIA BALL-PURPOS ACKNOWLEDGMENT No. 5907 l State of CALIFORNIA k t County of SONOMA On AUGUST 28TH, 2001 before me, BONNIE K. FRYMnT7F;, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBUC- ipersonally appeared KELLY HOLTEMANN 1 NAME(S) OF SIGNER(S) It © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence i to be the person(a) whose name() ism subscribed to the within instrument and ac- knowledged. to me that lshe/ , executed the same in )/her/WWqK authorized capacityj, and that by I/her/gW signature(A) on the instrument the personM, . °,,; �• OFFICIAL SEAL -1217287 I •' BONNIEK.FRY.MIRE z Or the entity upon behalf of which the NOTARYPUBLIC- CALIF. person( acted, executed the instrument. Z COUNTY OF SONOMA k i l My Comm. Exp. April 28, 2003 ! F WITNESS my hand and official seal. t ` SIGNATURE OF NOTA 1 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TME(S) ❑ PARTNERS) ❑ LIMITED ❑ GENERAL j D ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 1 ❑ OTHER: 1 1 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA C DESCRIPTION OF ATTACHED DOCUMENT FAITHFUL PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES AUGUST 28TH, 2001 DATE OF DOCUMENT NIS SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8235 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 vsxK-w.7G *k%omm%jva ".L-JE3ii1f ENT N6.507 �r�ri rrr�-rrir rr rr�r irrrii irrrrri..rr rr iii ii ii�i�'.'�'r�ri�,�r�� 1 State of cALL�OAi�T? A i County of SONOMP • 1 AUGUST 28TH, 2001 t BOMT-1 g. �- E, NOT FIr FOBLT-C On be,ore rne, DATE NAME, TnLE OF OFFICER-F_C,.-JANE DOE NCFrARY PURL]. personally. appeared MICB-A-M M. GFLZ,O=1 NAME(3) OF SIGNER(3) '. personally known to me - OR -.11 proved to me on "the basis of satisfactory evidence to be the person( whose named is/Em subscribed to the within instrument and ac- knowledged to me that he/� executed the same in histl>r:l�� authorized capa.cl•ty-(, and that by h1s/1x sig-n-at-ur-s%)• Gn. the i'nstrum- snt the p.e,rson-(K)r I OFFICIAL SEAL - 1217287 or 6e entity upon behalf of which the _`• BONNIE K.FRYMIRE Zperson( acted, executed the instrument. U NOTARY PUBLIC - CALIF. � Z COUNTY OF SONOMA T I ° My Comm. Exp. April 28',2003 WITNESS my hand and official seal. SIGNATURE OF Norr OPTIONAL IONAL ii iiilY.F iI:ii.:JLnI¢H...u.iJdif .i. IiL.l 11 li 4.uiinciiiiYiumLnry ii:i:ii. AL4....laliill.l.11°� Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this -form. CAPACITY GLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Trn9s) ❑ PARTNER(S) ❑ L1Mn'ED ❑ GENERAL ❑ K,—j ❑ TRUSTEE(S) ❑ GUARDIANICONSEAVATOR OTHER: CO-OWM SIGNER IS "REPRESENTING: NAl+1E W PGF.r'150N(S) OR 94nTYpES) GaILOTTI BROS., INC. DESCRIPTION OF ATTACHED I)OCUMENTT FAITHFUL PERFORMANCE BOND TrrLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES 1 1 1 1 i t t 1 1 AUGUST 28TH, 2001 DATE OF DOCUMENT i 1 1 N/8 i SIGNER(S) OTHER THAN NAMED ABOVE 1 a m1993 NATIONAL NOTARY ASSOCIATION - a236 Remmel Ave.. P.Q. Box 7184 - CanC92 Park, CA 91309-718A -__ . ....�.�. S %JuL-w vvvKP*l SECTIONS 3247 - 3252, CIV" CODE (CALIFORNIA) . BOND EXECUTED IN TRIPLICATE KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 005SB1 0361 9509BCM Premium kINCLUDED IN PERFORMANCE BOND THAT WHEREAS, The State of California, acting by and through the CITY OF SAN -RAFAEL, 1 400 FIFTH STREET, SAN RAFAEL, CALIFORNIA 94915-1560 has awarded to GHILOTTI BROS . , INC. as Contractor, a contract for the work described as follows: NORTH SAN PEDRO ROAD AND CIVIC CENTER DRIVE IMPROVEMENTS, CITY PROJECT NO. 047-4710-660-8000 FEDERAL PROJECT NO. STPL 5043-(012) AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the State of California in the amount required bylaw, the sum of EIGHT HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED ** ($ 858, 888.20 ) Dollars, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. ** EIGHTY EIGHT AND 201100THS ------------------------------ THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2r amounts due under the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 28THday of AUGUST 2001 . GHILOTTIQ BROS., INC. i t MICHAEL M. GHILOTTI, CO-OWNER Contractor TRAVELERS CASUA TY AND SURETY COM PANY OF AMERICA .!` KELLY H�LTEMANN Attomey-in-Fact S-2061 -B (07-87) CALIFORNIA ALL -P€ RPOF ACKNOWLEDGMENT rrr✓rrrr�rr'rrrrr�r-r���r �rrr-rirr�rr��i� -� �.- rGC-ir—rrr---- L i State of CALIFORNIA I Country of SONOMA On AUGUST 28TH, 2001 before me, BONNIE Y. , NCT-°-Ey P=C DATE NAME, TrrLE OF OFFICER - E.G. JANE DOE. NOTARY PUBLIC' No. 5907 personally appeared I=y HOLTEMANN l NAME(S) OF SIGNER(S) ti® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence i to be the person(a) whose nameM is subscribed to the within instrument and ac- knowledged..to me that she executed 1 the same. in )=her/ftXM authorized l capacity j, and that by KW. her/ l , + OFFICIAL SEAL- 1217287 I j T BONNIE K.FRYMIRE z signature(E) on the instrument the personM, \ NOTARY PUBLIC - CALIF. n l v • T or the entity upon behalf of which the Z COUNTY OF SONOMA 1 �l My Comm. Exp. Apri128,20031�r persons acted, executed the instrument. l X I NESS•my hand and official seal. \ SIGNATUREOFN F!Y 1 OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION DP ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES AUGUST 28TH, 2001 DATE OF DOCUMENT 1 l SIGNER IS REPRESENTING: NIS NAME OF PERSONS) OR ENT1iYIeS) ITRAVELERS CASUALTY AND SURETY SIGNER(S) OTHER THAN NAMED ABOVE COMPANY OF AMERICA V993 NATIONAL NOTARY ASSOCIATION - 6235 Rernmet Ave., P.O. Sax 7184 - Canoga Park, CA 91309-7164 CALIFORNIA ALL-PURPOr— ACKNOWLIEDG TENT State of County of cA,z Rnk SONOMA • No. 5907 t t 1 On AUGUST 28TH, 2001 before me, BONN= &• T>=, NOTARY PUBLIC DATE NAME, -,M-.E OF OFFICER - E.G..-JANE DOE. NOTARY PUBLIC ` personally appeared MICHAEL M. GHILOTTI t NAME(S) OF SIGNER(q) i C personally known to me - OR - 0 proved to me on *the basis of satisfactory evidence to be the personm whose name*) is/Em subscribed to the within instrument and ac- i knowledged to me that he/xkm6t= executed the same in hisilI,�IWaA:� k authorized capacRyobco, and that by hisitl, �/ llr �/r i si•gnat-ure(N)• ©fl the instrument. th.e perso-n-(k); or the entity upon behalf of which the ,. • ,. OFFICIAL SEAL 1217287 i BONNIE K.FRYMIRE Z person* acted, executed the instrument. NOTARY PUBLIC CALIF. COUNTY OF SONOMA ?My Comm. EXP. APril28,2oos� WITNESS my hand and official seal. � SIGNATURE OF NOTjd(Y 1 ,,,,,., OP i I-ONAI_ Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM -9s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR E OTHER: CO -OW= SIGNER IS REPRESENTING: NAME Or PERSON(S) OR ENTnY(IES) . GATT nTTT ]mos., mc. ------------ DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES AUGUST 28TH, 2001 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Ramrnel Ave.. P.O. Box 7184 - Canoga Park, CA 91309.7184 IN WITNESS WB[EREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of December 2000. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD .. ��ti�,UA114146 '3 0y ANp �G �0�.r. U4, . 5 oato r�NOR°' f g w HARTFORD, < y 1982 0 CONN. �, • t 411,7A 4 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 11th day of December, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the .Standing Resolutions thereof. g�G•T� My commission expires June 30, 2001 Notary Public S Marie C. Tetreauit CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not.been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut, Dated this 2 8 TH day of AUGUST 2001. r 0 C JNy HARONN. , t t ,n +.......•'' It x`61 nam By Kori M. Johanson Assistant Secretary, Bond ACORp CERTIFICA..� OF CSR SD DATE (MM/DD/YY) LIABILITY INSUF.` :NCk HILO 1 08/28/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF 114FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Phone: 707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Co. INSURER B: Nationwide Mutual Insurance Co Ghilotti Bros., Inc. INSURER C: National Union Fire Ins. of PA 525 Jacoby Street INSURER D: San Rafael CA 94901 INSURER E: State Compensation Ins. Fund 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. ILTR TYPE OF INSURANCE POLICY NUMBER DATE (MNUDD� t DATE ( WD m) N LIMITS , GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1004993 10/01/00 10/01/01 FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE I X] OCCUR I MED EXP (Any one person) S 5,000 X GL Ded. $5,000 I PERSONAL& ADV INJURY $1,000,000 X X, C, U Included I GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG I $ 1,000,000 PRO - POLICYFX X I 7 n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO ACP7800621590 10/01/00 10/01/01 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS — (Per person) X HIRED AUTOS BODILY INJURY I $ X NON -OWNED AUTOS (Per accident) — X Ded . $1000 APD PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1$ ANY AUTO I OTHER THAN EA ACC 1$ AUTO ONLY: AGG S EXCESS LIABILITY I EACH OCCURRENCE S 10,000,000 I C X I OCCUR FICLAIMSMADE BE7403562 10/01/00 10/01/01 AGGREGATE 1$10,000,000 IS DEDUCTIBLE I $ X RETENTION S None I S WORKERS COMPENSATION AND I X I TORY ILIM TS I I ER AIU- I EMPLOYERS' LIABILITY 315129300 E 10/01/00 10/01/01 E.L. EACH ACCIDENT � 1S1.000,000 E.L. DISEASE - EA EMPLOYEE S 1, 000, 000 E.L. DISEASE -POLICY LIMIT S 1, 000, 000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. Job: N. San Pedro Road & Civic Center Drive Improvements, City Project No.04-4710-660-8000, Federal Project No.STPL5043-(012) GBI #01423 *Ten day notice would be sent on non payment. **See Addendum Attached 30*XCG201011/85LF CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENVEAVORTC MAIL 3 0 * DAYS WRITTEN City of San Rafael, its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 13Wr F4W "R& T^ D0 4^ 4 '"' L Officers, Agents & Employees IMFGISEunnm- ir_Q _....It.._..._..... r: '�T OR Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915 AUT 7ESENT I 7 ACORD 25-S (7/97) WM 6L ORP CORPORATION 1988 GHI - :: T . ',:;: HQWER ? CORE SANW. A :; :- :> ::'- PAGE•..2-,•. ! O �. ..PA ,;.: MUREp'S NAME: Cyki lgtt:i::: Brcj ::;. CSR SD RATE•. D.S/.28%Q 3'= It is hereby understood and agreed that the City of San Rafael and County of Marin, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, N.San Pedro Road and Civic Center Drive Improvements between the City of San Rafael and Ghilotti Bros., Inc. for the work and the improvements described therein. Policy Number: OOGLP1004993 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization City of San Rafael, Its officers, agents & employees Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915 Job: N. San Pedro Road & Civic Center Drive Improvements City Project No. 047-4710-660-8000, Federal Project No. STPL 5043-(012) GBI #01423 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The insurance provided herein is primary coverage to the certificate holder with respects to any insurance or self insurance programs maintained by the certificate holder, and no insurance held or owned by the certificate holder shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the Company's Liability. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984