Loading...
HomeMy WebLinkAboutCC Resolution 11813 (Sidewalk Replacement Project)RESOLUTION NO. 11813 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT TO GHILOTTI BROS., INC., IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR "CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2005-2006" AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE CONTRACT WHEREAS, on the 215 day of July, 2005, 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: "CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2005-2006" PROJECT NO. 11064 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of $166,888.80, 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; and WHEREAS, the contract for this year's work should be approximately $100,000.00. However, no guarantee can be given for the final contract amount, which may be increased or decreased depending on funding; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of $166,888.80, and the same is hereby accepted at said unit prices and that the contract for �� GOAL said work and improvements be and the same is hereby awarded to said Ghilotti Bros., Inc., at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. for said work in an amount not to exceed $100,000 and to return the bidder's bond upon the execution of said contract. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director is hereby authorized to extend the Contract as set forth in the Specifications and Contract Documents upon showing good cause by the Contractor and at the discretion of the City. 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 1" day of August, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk File No. 16.01.231 City of San Rafael ♦ California Form of Contract Agreement for CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2005-2006 This Agreement is made and entered into this 2nd day of August, 2005 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: II - Scope of the Work Subject to the written directions by the City Engineer or his designee as to the work to be done to stay within the not to exceed amount specified in Section IV below, 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: City of San Rafael Sidewalk Replacement Contract 2005-2006, 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 365 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, in an amount not to exceed $100,000.00 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 c �� (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) 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: CITY OF SAN RAFAEL: JeYnne M. Leoncini Andrew J. Presto City Clerk Public Works Director/City Engineer APPROVED AS TO FORM: CONTRACTOR: Ghillotti Bros. Inc. Gary T. Ragghianti City Attorney Title: AGREEMENT • 3 POLICY NUMBER: GL9333435 )MMERCIAL GENERAL LIABILITY NAMED INSURED: Ghilotti Bros., Inc. CG 20 to 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 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 JOB: City of San Rafael Sidewalk Replacement Contract 2005-2006, GBI #05421 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Section II - Who Is An Insured 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 ongoing operations performed for that insured B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 10 01 Page I of 1 ISO Properties, Inc, 2000 Policy Number: GL9333435 Commercial General Liability CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIITY COVERAGE PART SCHEDULE Named of Person or Organization: City of San Rafael, its officers, agents & employees Dept. of Public Works Location and Description of Completed Operations: JOB: City of San Rafael Sidewalk Replacement Contract 2005-2006, GBI #05421 Additional Premium: Included (If no Entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured 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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products - completed operations hazard". CG 20 37 10 01 Page 1 of 1 /NSNR.4NCE AROA, BOND EXECUTED IN DUPLICATE PERFORMANCE BOND CALIFORNIA PUBLIC WORK BOND NO. 929337065 PREMIUM: $goo.00 KNOW ALL MEN BY THESE PRESENTS: That we GHILOTTI BROS. , INC. Principal, and WESTERN ST '= COMPANY , Su rety, a corporation organized and existing under the laws of the State of SOUTH DAKOTA and authorized to transact surety business in the State of California, are held and firmly bound unto rTTY OF SAN RAF'A.FIE Obligee, in the sum of ONE HUNDRED THOUSAND AND NO/100THS ---------------------------------------- --------------------------------------------------------------- Dollars ($ 100,000.00 1 for the payment of which we bind ourselves, our legal representatives, succeessors and assigns, jointly and severally, firmly by these presents. for WHEREAS, Principal has entered into a contract with Obligee, dated AUGUST 2, 2005 CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2005-2006 PROJECT NO: 11064 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. Signed, sealed and dated AUGUST 5, 2005 GHILOTTI BROS., INC. BY: �- (Seal) MICHAEL M. G OTA, Principal PRESIDENT/TREASURER WESTERN SURETY COMPANY LAWRENCE J. COYNE / Attorney -in -Fact G -23260-A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I s. County of �i'�+� On (NJ Ci -J --'� . It—r`— - before me, !'//}T yzJ l'rr"Tk 9:!j /l.(,ywyi 19,10, L Date Name and Title of Officer (e ., 'Jane Doe, Notary P blic") personally appeared r c i&14.1 4> th. /o7T"r Name(s) of Signer(s) rsonally known to me ❑ proved to me on the basis of satisfactory evidence MATTHEW PETRAY COMM. #1425111 = NOTARY PUBLIC - CALIFORNIA >t • MARIN COUNTY F a"' My Comm. Expires July 15, 2007 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 an 'cial seal. �Slgnatureblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ?rxrjp-, v—r4j- C_ - ki , Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: I Top of thumb here 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 C 4LIFORNIA ALL-PURPOSE ACKNO'PFTLEDGMENT State of CALIFORNIA County of SONONIA On 8/5/05 before me, J. DE LUCA, NOTARY PUBLIC, personally appeared LAWRENCE J. COYNE, ❑ personally known to me -OR- ® proved to me on the basis of satisfactory evidence to be the personEsj whose name* Ware- subscribed to the within instrument and aclmowledged to me that hehhe/the-f executed the same in his&efMaek authorized capacity(4es), and that by his/ --'e;i—signature( on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. J. DE LUCA W COMM. #1521691 Z— NOTARYPUBLIC-CALIFORNIA n SONOMA COUNTMy Comm. Expires Oct. 24, 2008 WITNESS my hand and official seal. \A- Signature of Notary IT •,yep, s� i'4 `v. to '',�xZ /s'.}' 'i� f �.'Ya'nc'F€ F SC tT •�'R"� .+ ,e+ 4 oSk kxm f.;::'M`�-r"fi�„qk���L�:c�'s,..x,Y�Hr-vxf•x:;�,u9.{,t€+3`�!�:�r�,u'•,,:s`4'•�.. �'±.stat5..ylG .©�„,�'1.a,1�K,�I,�'�.''r!f«,. _.i;...i?.. ., .�.ar+�,�:t�,,.,.?''t, t",���:.��.�r:"wE,. ..„�.,.. 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 ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTBER-, SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) WESTERN SURETY COMPANY CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND i)ocument ONE Niznber of Pages AUGUST 5, 2005 Date CNA For All the Commitments You Make' BOND EXECUTED IN DUPLICATE PAYMENT BOND BOND NO. 929337065 CALIFORNIA PUBLIC WORK PREMIUM. (INCLUDED) KNOWN ALL MEN BY THESE PRESENTS, That we, GHILOTTI BROS. , INC. as Principal, and WESTERN SURELY COMPANY a corporation organized and existing under the laws of the State of 907111 DAKOTA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of ONE HUNDRED THOUSAND ANP NO/1 nmws -------------------------------------------------- Dollars (S 100,000.00 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. WHEREAS, the above -bounded Principal has entered into a contract, a copy of which contract is by reference made a part hereof, dated AUGUST 2. 2005 with the obligee for CITY OF SAN RAFAEL SIDEWALK REPLACE= CONTRACT 2005-2006 PROJECT NO: 11064 NOW, THEREFORE, if the above -bounded Principal or his subcontractors shall 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 by any such claimant, 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 sub -contractors 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 agreeable 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 them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 5TH G -23261-A Hay of AUGUST , ?Q� 2005 GHILOTTI BROS., INC. Principal �p1. MICHAEL M. GHILOT`EI, PRESIDENT/TREASUREF WESTERN SURETY COMPANY Surety B �) CZZO cz4 LA�IRENCE J. COYNE Attorney -in -Fact NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 I liestern Surety Cor pany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lawrence J Coyne, Kelly Holtemann, Goran G E Ryn, Joan Deluca, Individually of Petaluma, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereor, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 21 st day of March, 2005. yiaerro WESTERN SURETY COMPANY 49L Paul. Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 21st day of March, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. + My commission expires X D. KRELL f November 30, 2006 NOTARY PUBLIC ,t. 1 z SOUTH DAKOTA 'Ftibbti M4444. ,4 +bbti M4titi6, •, D. Krell, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force, in testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 5T2i day of AUGUST 1 2005 WESTERN SURETY COMPANY s ao�3'z >4 ,iFc / �Is..,Secretary Form F4280-01-02