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HomeMy WebLinkAboutCC Resolution 11549 (East SR Improvement Project - Phase III)RESOLUTION NO. 11549 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT TO GHILOTTI BROS., INC. IN THE AMOUNT OF $677,407.00 FOR EAST SAN RAFAEL IMPROVEMENT PROJECT - PHASE III, PROJECT NO. 10755 WHEREAS, on the 4`h day of May, 2004, 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: "EAST SAN RAFAEL IMPROVEMENT PROJECT — PHASE III" PROJECT NO. 10755 in accordance with the plans and specifications therefore 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, IT IS HEREBY ORDERED AND 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. " 'IPJA L �tvA IT IS FURTHER ORDERED AND RESOLVED that the Mayor 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, 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 17th day of May, 2004, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, f1i11er, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None JEANA M LEONCINI, City Clerk File No.: 18.01.54 City of San Rafael ♦ California Form of Contract Agreement for EAST SAN RAFAEL IMPROVEMENT PROJECT -PHASE III CITY PROJECT NO: 10755 This Agreement is made and entered into this 17th day of May 2004 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 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: East San Rafael Improvement Project - Phase III, 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 fifteen (15) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 100 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. [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 $1,000 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 COPY ITEM NO. ITEM 1 Traffic Control 2 Mobilization 3 Construction Staking 4 Prepare Water Pollution Control Program (WPCP) 5 Temporary Railing (Type K) 6 Remove Chain Link Fence 7 Remove Pipe 8 Remove Inlet 9 Remove Concrete (Curb, Gutter, Sidewalk, etc) 10 Clear & Grubbing 11 Keycut Asphalt Concrete Pavement 12 Roadway Excavation (Including Removal of AC) 13 Aggregate Subbase - Class 4 14 Aggregate Base - Class 2 15 Asphalt Concrete (Type A) 16 Asphalt Concrete (Swale) 17 Asphalt Concrete Dike (Type E) 18 Reinforced Concrete Pipe (375 mm) 19 Reinforced Concrete Pipes (600 mm) 20 Drainage Inlet (Type A, UCS # 220) 21 Drainage Inlet (Modify) 22 Drainage Inlet (GDO) 23 Minor Concrete (Curb & Gutter) 24 Minor Concrete (Sidewalk) 25 Minor Concrete (Type Al -150) 26 Minor Concrete (Median Curb) 27 Minor Concrete (Median Island) 28 Minor Concrete (Wheelchair Ramp) 29 Chain Link Fence (Type CL -1.83) 30 Traffic Signal and Lighting Modification 31 Striping and Pavement Marking 32 Roadside Sign 33 Relocate Road Sign 34 Install New Sign Panel 35 Salvage Roadside Sign 36 Relocate Street Name Sign to New Pole 37 Erosion Control 38 Lead Compliance Plan 39 State Furnished Equipments per Encroachment Permit Total Construction Cost 677,407.00 AGREEMENT • 2 UNIT ITEM UNITS I QTY I PRICE, $ I TOTAL, $ LS 1 10,000.00 10,000.00 LS 1 53,475.00 53,475.00 LS 1 15,000.00 15,000.00 LS 1 1,350.00 1,350.00 LS 1 35,000.00 35,000.00 M 130 12.50 1,625.00 LS 1 5,000.00 5,000.00 EA 2 1,250.00 2,500.00 LS 1 5,000.00 5,000.00 LS 1 60,000.00 60,000.00 M 340 0.50 170.00 M3 945 50.00 47,250.00 M3 440 65.00 28,600.00 M3 290 110.00 31,900.00 Tonne 500 125.00 62,500.00 LS 1 1,700.00 1,700.00 M 160 28.00 4,480.00 M 11 900.00 9,900.00 M 5 1,000.00 5,000.00 EA 3 1,600.00 4,800.00 EA 2 3,500.00 7,000.00 EA 1 6,100.00 6,100.00 M 240 105.00 25,200.00 M2 69 100.00 6,900.00 M 190 70.00 13,300.00 M 65 125.00 8,125.00 M2 90 110.00 9,900.00 EA 4 1,500.00 6,000.00 M 51 88.00 4,488.00 LS 1 139,000.00 139,000.00 LS 1 36,000.00 36,000.00 EA 10 550.00 5,500.00 EA 6 350.00 2,100.00 EA 6 200.00 1,200.00 EA 4 100.00 400.00 EA 2 350.00 700.00 LS 1 2,000.00 2,000.00 LS 1 2,500.00 2,500.00 LS 1 15,744.00 15,744.00 677,407.00 AGREEMENT • 2 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 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 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 AGREEMENT • 3 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. Leoncini City Clerk APF I I L,Gai City CITY OF SAN RAFAEL: -/- --2 Ae tBo Mayor GHILOTTI BROS., INC: �' �� pees i D Enl T'j=61�u�LE-ft for AGREEMENT • 4 CNA For All the Commitments You Make (BOND ISSUED IN DUPLICATE) BOND NO. 929258661 PREMIUM: $ 5,564.00 PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we GHILOTTI BROS. , INC. Principal, and WFS'T'FRN STIRFTTY rnMPANY Surety, 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 r.Trr'V nR CAN RAPAP7. Obligee, in the sum of SIX HUNDRED SEVENTY—SEVEN THOUSAND FOUR HUNDRED NINE AND NO/100THS ----- ---------------------------------------------------------------- . Dollars ($ 677,409.00 I for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. for WHEREAS, Principal has entered into a contract with Obligee, dated MAY 17, 2004 EAST SAN RAFAEL IMPROVEMENT PROJECT — PHASE III PROJECT NO. 10755 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnity 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 ful! 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 MAY 18, 2004 GHILOTTI BROS., INC. (Seal) ,? i Principal By ?2�i MICHAEL GfI 0 TI, P IDENT/TREA,STTRER WESTERN SURETY C MPANY r KELLY HOLTEMW AiTornc•l in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Marin J On 5119'0-1 before me, Patricia Wilson, Notary Public Date Name and The of Officer (e.g., "Jane Doe, Notary Public*) personally appeared Michael M. Ghilotti --------------------- Name(s) of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence PATRICIA WILSON _ Commission C 1355339 Z Not ory Public - Catt[glrnia Z Marin County My Camra. Expit s Jul 19, 2M to be the personal whose nameK) isNM subscribed to the within instrument and acknowledged to me that heAMKey executed the same in his/br authorized capacity(jgjid, and that by hisjNt&e{r signaturefo) on the instrument the personjl§), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ��UL4�� Signature of Notary Public 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: �QlTY rr�a Document Date: �, 8 I Number of Pages: _Dy,� o Signer(s) Other Than Named Above: NIS Capacity(les) Claimed by Signer Signer's Name: Michael M. Ghilotti ❑ Individual -V Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: President/Treasurer Ghilotti Bros., Inc. AW -W, f Holm Top of thumb here 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationainotaryorg Prod. No. 5907 Reorder. Call Toll -Free 1-B00-876.6027 CALIFORNIA ALL�PURPOSE ACKNOWLEDGMENT State of California County of SONOMA ss. On 5/18/04 before me, LAWRENCE J. COYI`TE, NOTARY PUBLIC Date Name end Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ---------EFLLY HOLTEMANN------------ ----------- Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence P!.?i:r'y PU!ihi. l.UlifrnTtlC7 � inl lUn IO fount, 4 N%/- ­GT lim.B-n.vesOCtZ),AjW4 Place Notary Seal Above to be the person(x) whose name(s) is/mm subscribed to the within instrument and acknowledged to me thatAm�shefttq� executed the same in �iherLtimxk authorized capacity(fes�, and -that by Mher/lbaix signature(a) on the instrument the person(.), or the entity upon behalf of which the person;( acted,' executed the instrument. WITNESS my hand and official seal. L 7l✓.�vl�'tcGe' t -- Signature df NotPublic OPTIONAL Though the information below is not required by law, if 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: Document Date: MAY 18, 2004 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer--Title(s): ❑ Partner — ❑ Limited ❑ General EX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 024 I- A C• N/A Signer Is Representing: WESTERN SURETY COMPANY Number of Pages: ONE -.I •li ',t_ - -1 Top of thumb here 0 1999 National Notary Association • 9350 De Solo Ave.. P.D. Box 24112 " Chatsworth, CA 91313-2402 • vnrw.nationalnotery.org Prod. No. 5907 Reorder. Cali 7o l-Froe 1.8DD-978.8827 N�'/estern Su ety 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 Bonnie K Erymire, Lawrence J Coyne, Kelly Holtemann, Goran G. E. Ryn, 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 Whereof, 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 29th day of April, 2003. "Errs WESTERN SURETY CO.MPANY aw�4�po��^oy` i�Sfgv;p--- �rh OPMd� Paul �!Bruflat, =nw,ice President State of South Dakota ss County of Minnehaha On this 29th day of April, 2003, 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 be 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 +~''""""'""''''''''"`"''"'''''`''' + f D. KRELL i November 30, 2006f NOTARY PUBLIC s�LII rsE SOUTH DAKOTA r +•,b4Sh•r•,�tiYtih•+htitiY544.s+ti + 1 D. Y.rell, 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 I have hereunto subscribed my name and affixed the seal of the said corporation this_ 8� rel _ day of ______HAY _P00A tea: WESTERN SURETY COMPANY ?��aroAgsf jam=: rhea � D�l1VL 1�JiJ111i 11`I 1J�i'LlllrilL J CNA For All the Commitments You Make' BOND NO. 929258661 PREN=: INCLUDED PAYMENT BOND CALIFORNIA PUBLIC WORK KNOWN ALL MEN BY THESE PRESENTS, That we, GEILOTTI BROS. , INC. and WESTERN SURETY COMPANY as Principal, 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, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL sum of SIX HUNDRED SEVENTY—SEVEN THOUSAND FOUR HUNDRED NINE AND NO/ 100THS Obligee — the ----------------------------------------------------------------- Oollars(S 677.409.00 1, 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 MAY 17, 2004 with the obligee for EAST SAN RAFAEL IMPROVEMENT PROJECT — PHASE III PROJECT NO. 10755 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 corp oratio nsentitled 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 18TH G-23261 -A day of MAY GHILOTTI BROS., INC. Principal By MICHAEL M JGHAOTTI, PRESIDENT/TREAB WESTERN SURETY COMPANY Surety yKELLY TWANN Attorney. in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Marin On 511PIW before me, Patricia Wilson, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Michael M. Ghilotti--------------------- . Name(s) of S gner(s) N personally known to me ❑ proved to me on the basis of satisfactory evidence PATRIciA. wiL soN Commission 01365369 ZfdOtOry Public - Calltomigi , QMYCW.EY0msjulj 9, 20D8 to be the personal whose name() isKiM subscribed to the within instrument and acknowledged to me that heli sit ey executed the same in his/uci1abc authorized capacity&§&, and that by hisAN_ ter signaturek) on the instrument the personfg), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature cI Notary Public 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:►_ Document Date: MC"i�� 1 �-� { Number of Pages: b\_9 Signer(s) Other Than Named Above: NIS Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual �Z] Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Michael M. Ghilotti President/Treasurer Ghilotti Bros., Inc. 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 1-900-676-6627 CALIFORNIA ALL�PURPOSE ACKNOWLEDGMENT State of California ss. County of SONOMA On 5/18/04before me, LAVRENCE J. COM, NOTARY PUBLIC Date Name end Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared -------KELLY HOLTEMANN--- ---------- ----------------- r Name(s) of Signers) ! AWRENCE J. COYNr tc'�_ WMrn1ss1an # 128114:, t�fw*m =_ Wkwy tl, - Cu . £ w; Sortom Ccurdj Q{_ h*Car fi 50esOct2f1,M14 Piece Notary Seat Above ®personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name(m) is/mm subscribed to the within instrument and acknowledged to me thathe executed the same in Avisdherf#mix authorized capacity, and that bykkdher/jbEAx signature(;) an the instrument the person(iR), or the entity upon behalf of which the person acted,' executed the instrument. WITNESS my hand and official seal. Sighature of otary Public OPTIONAL Though the information below is not required by law, if 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: PAYMENT BOND Document Date: MAY 18, 2004 Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: KELLY HOLTHMANN Number of Pages: ONE Top of thumb here 01999 National Notary Association • 9350 De Soto Ave.. P.O. Boz 202 • Chatsworth, CA 91313.2402 • v~.nationalnotary.org Prod. No. 5907 Rearden: Call Toll•Free 1-800.875.8927 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.Am.erica, Continental Casualty Company, National Fire Insurance Company of Hartford; American Casualty Company of Reading, PA, The Firements 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 PAYMEINT -OF TFR]31 ORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable sure -b- /insurer deductible_ Form F7310 ` `lectern Surety Coi.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 Bonnie K Frymire, Lawrence J Coyne, Kelly Holtemann, Goran G. E. Ryn, 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 bands, 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 Whereof, 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 29th day of April, 2003. qp.vxrr WESTERN SURETY C O.MPANY wW�4avoRq°�9. _ 3 *4N CA 4'rMo�fi Paul eBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 29th day of April, 2003, 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 i'•~~~~""~`'~~~~~"~`'«"~~'~ r TT1 r D. KRELL r November 30, 2006i SE L NOTARY PUBLIC SEALi r SOUTH DAKOTA r +ti..tititititi�rtititi.,..titititi•,a..ati + J D�,N, 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 I have hereunto subscribed my name and affixed the seal of the said corporation this _ 18TH _ day of MAY 2nOA "roe WESTERN SURETY COMPANY _��; at•oRq���6 Z VO f Tk ` CERTIFICATE LIABILITY INSURANC CSRSD DATE (MMIDD/YYYY) ACORP _)F GHILO-1 05/19/04 P: _Or UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF I FORMATION 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 NAIC# INSURED INSURER A: American Safety Indemnity Cc. INSURER B: Nationwide Mutual Insurance Co Ghilotti Bros., Inc. INSURER C: Amer.Internat'l SpecialtyLi es 525 Jacoby StreetINSURER 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. I AUU'L LTRINSRC TYPE OF INSURANCE POLICY NUMBER DATMM/��)POLICY E(DEPDEYWDfYN LIMITS GENERAL LIABILITY EACH OCCURRENCE I s 1,000,000 A X X COMMERCIAL GENERAL LIABILITY XGI034822001 10/01/03 10/01/04 UHMHUC 1U KI -N I CU PREMISES(Eaoccurence) I $ 50, 000 CLAIMS MADE OCCUR MED EXP (Any one person) $ Exc luded X SIR $25,000 I PERSONAL&ADV INJURY 5 1, 000, 000 X XCU Included I GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $1,000,000 POLICY PE0 n LOC IX I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO ACP7830621590 10/01/03 10/01/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X Ded . $1000 APD PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN EA ACC AUTO ONLY: AGG 15 S EXCESSIUMBRELLA LIABILITY I EACH OCCURRENCE $ 6,000,000 C XI OCCUR CLAIMSMADE BE7414752 10/01/03 10/01/04 AGGREGATE $ 6,000,000 $ DEDUCTIBLE I $ X RETENTION $10,000 I 5 WORKERS COMPENSATION AND WGSIAIU- H-1 X ITORY LIMITS I 101 EMPLOYERS' LIABILITY E 315129303 10/01/03 10/01/04 I E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under 15 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. *Ten day notice would be sent on non payment. JOB: East San Rafael Improvement Project, Phase III, GBI #04406, Proj #10755 30*XES98138(02/03)SPECIAL CERTIFICATE HOLDER City of San Rafael, its agents officers & employees Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25 (2001/08) CANCELLATION SANRAI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EN96WQR TF MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, E:.T //LI►1.1111 T8-8959 So !Al! AU'yHQ�EO RESE E, ���� ����� (\ �v1 Uk A*L.5RD CORPORATION 1988 Insured: Ghilotti Bros., Inc. Policy: XGI034822001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASIC — ES 98 138 02 03 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS Non -Contributory (MODIFIED FORM B) This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. Name of Person or Organization: City of San Rafael, its agents, officers & employees Name of Project: East San Rafael Improvements Project, Phase III, Project #10755, GBI #04406 Effective Date: 05/19/04 In consideration of the payment of premiums, it is hereby agreed that the following changes are incorporated into the policy: 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" which is performed at the project designated above. This Endorsement applies only to ongoing operations performed by the Named Insured on or after the effective date of this Endorsement. Coverage under this Endorsement applies only as respects a legally enforceable written contract with the Named Insured and only for liability arising out of or relating to the Named Insured and only for bodily injury or property damage caused by an occurrence under coverage A not otherwise excluded in the policy to which this Endorsement applies. It is further understood and agreed that irrespective of the number of entities named as insureds under this policy in no event shall the Company's limits of liability exceed the limits of liability designated in the Declarations. All other, terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged Copyright 2003 American Safety Indemnity Company CERI rOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-19-2004 GROUP: 000315 POLICY NUMBER: 1293-2003 CERTIFICATE ID: 696 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF SAN RAFAEL P.O. BOX 151560 SAN RAFAEL CA 94915-1560 JOB: JOB: EAST SAN RAFAEL IMPROVEMENT PROJECT, PHASE III, GBI #04406, PROJ. #10755 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE A�� e - A,. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MICHAEL GHILOTTI, VP, S - EXCLUDED. ENDORSEMENT #1600 - DANTE GHILLOTTI, T - EXCLUDED. ENDORSEMENT #1700 - DANTE GHILOTTI - EXCLUDED. ENDORSEMENT #1700 - MICHAEL GHILOTTI - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER GHILOTTI BROS, INC AND/OR GHILOTTI, DANTE PTN AND/OR GHILOTTI, MICHAEL PTN 525 JACOBY ST SAN RAFAEL CA 94901 PPRIQC4 ED: 4ED: 05-19-2004 SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1