HomeMy WebLinkAboutCC Resolution 11580 (Sidewalk Replacement)RESOLUTION NO. 11580
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE CONTRACT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL
AND GHILOTTI BROS., INC., FOR ANOTHER YEAR PURSUANT TO
THE CITY'S ELECTION TO SO PROCEED UNDER ITEM #9 OF THE
ORIGINAL PROJECT BID PROPOSAL FOR THE CITY OF SAN RAFAEL
SIDEWALK REPLACEMENT CONTRACT 2003-2004
WHEREAS, the construction firm of Ghilotti Bros., Inc. was selected on August
30, 2001 to be the firm to execute the City of San Rafael Sidewalk Replacement Contract for
2003-2004; and
WHEREAS, pursuant to Item #9 of the original project bid proposal, which reads
that at the discretion of the City, this contract can be renewed for up to five (5) years at the same
bid item price plus a 3% cost of living increase per annum; and
WHEREAS, the City requires these services to continue the sidewalk replacement
program for 2004-2005; and
$100,000;
WHEREAS, the contract for this year's work should be an amount not to exceed
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the
Council of the City of San Rafael that the Public Works Director and the City Clerk are hereby
authorized to execute, on behalf of the City of San Rafael, an Amendment to the Agreement
between the City of San Rafael and Ghilotti Bros., Inc. to provide construction services for the
City of San Rafael Sidewalk Replacement Contract.
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 215` day of June, 2004, 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. 16.01.221.03
AMENDMENT TO CONTRACT AGREEMENT
FOR CONSTRUCTION SERVICES FOR THE CITY OF SAN RAFAEL
SIDEWALK REPLACEMENT CONTRACT 2003-2004
This Amendment to the original Contract Agreement is made and entered
into this 21St day of June 2004, by and between the CITY OF SAN RAFAEL and
GHILOTTI BROS., INC.
This Amendment covers increasing the contract bid item amounts by 3%
for another year pursuant to the City of San Rafael's election to so proceed under Item #9
of the original project bid proposal. The revised unit prices for the bid items for 2004-
2005 are as follows:
PROJECT NAME: City of San
Rafael Sidewalk
Replacement Contract 2004-2005
Project Number: 10723
ITEM IDESCRIPTION
1 Remove and Replace P.C.C. sidewalk
2 Remove and Replace P.C.C. curb and
gutter
3 Remove and Replace P.C.C. driveway
4 Remove and Replace P.C.C. sidewalk
with P.C.C. wheelchair ramp
5 Remove/Replace/Reset to Grade City
owned Utility Boxes
6 Remove/Replace Sanitary Sewer
Cleanout
7 Remove/Replace/ Install Sidewalk Drain
8 Install 12" Root Barrier
GHILOTTI BROS. , INC
525 JACOBY STREET
SAN RAFAEL, CA 94901
UNIT PRICE
$6.18
$27.81
$20.60
$1,030.00
$169.95
HOURLY RATE
1 Remove roots in excess of 3 inches in
diameter
NOTE: Unit price reflects 3% COLA
CITY OF SAN RAFAEL
v
Director of Pub % Works
ATTEST:
y Clerk
2
$83.53
CONTRACTOR
Ghilotti Bros., Inc.
By:�r
Title: leer iJLI,� V -"ac u.r(,- r
APPl UE 'FORM:
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Cify Attorn
File No.: 16.01.221.03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
I ss.
Countyof Marin
On (_0l3 0,4 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 Signer(s)
N personally known to me
❑ proved to me on the basis of satisfactory
evidence
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My Corrin. liras tui 19, 2W8
to be the persoaW whose named) ism
subscribed to the within instrument and
acknowledged to me that he MKey executed
the same in his/bnc&xi c authorized
capacity(jo§o, and that by hisf¢,grr
signaturefg) on the instrument the personfg), or
the entity upon behalf of which the person(k)
acted, executed the instrument.
,,WU_NES S _my hand and official seal.
Signature at
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: "" l4t vl" t%L.!! dJ
Document Date: ,I 31 20C)I I Number of Pages: 0"'Vp
Signer(s) Other Than Named Above: N / S
Capacity(ies) Claimed by Signer
Signer's Name: Michael M. Ghilotti
❑ Individual
-J Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
President/Treasurer
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LinerlsRepresenting: Ghilotti Bros., .
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0 1999 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 - Chatsworth, CA 91313.2402 • www.naganWnotary.org Prod. No. 5907 Reorder. Call Tall -Free 1-80"76-6927
AE.6FORNEA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
SONOMA ss.
On 6/3/04 before me, LAWTMCE J. COYNE, NOTARY PUBLIC
Date Name and Title of Ci icer (e.g., 'Jane Doe, Notary Public")
personally appeared --KELLY. HOLTEMANN-----___--____—___–_____
Names) of Signer(s)
Place Notary Seal Above
® personally known to me
O proved to me on the basis of satisfactory
evidence
to be the person(x) whose name(m) is/x-t;E;
subscribed to the within instrument and
acknowledged to me that±xdshedhog executed
the same in her ' authorized
capacity, and -that by ,miter/ice
signature(a) on'the instrument the person(), or
the entity upon behalf of which the persor
acted,, executed the instrument. - r
WITNESS my hand and official seal.
Signature ✓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: JUNE 3, 2004
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—. Title(s):
❑ Partner — ❑ Limited '❑ General
LX Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: .
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4110101 ►` `[ Y Ul: 1 1
Signer Is Representing: WESTERN SURETY COMPANY
Number of Pages:
ONE
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0 1999 National Notary Association • 9350 De 6010 Ave., P.C. BOX -2402 • Chatsworth, CA 91318-2402 • vAymnationelnoteryorg Prod. No. 5907 Reorder. Car. Toll•Free 1 •B00.575 -6B27
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® personally known to me
O proved to me on the basis of satisfactory
evidence
to be the person(x) whose name(m) is/x-t;E;
subscribed to the within instrument and
acknowledged to me that±xdshedhog executed
the same in her ' authorized
capacity, and -that by ,miter/ice
signature(a) on'the instrument the person(), or
the entity upon behalf of which the persor
acted,, executed the instrument. - r
WITNESS my hand and official seal.
Signature ✓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: JUNE 3, 2004
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—. Title(s):
❑ Partner — ❑ Limited '❑ General
LX Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: .
[0-155015015k,
N/A
4110101 ►` `[ Y Ul: 1 1
Signer Is Representing: WESTERN SURETY COMPANY
Number of Pages:
ONE
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0 1999 National Notary Association • 9350 De 6010 Ave., P.C. BOX -2402 • Chatsworth, CA 91318-2402 • vAymnationelnoteryorg Prod. No. 5907 Reorder. Car. Toll•Free 1 •B00.575 -6B27
(BOND ISSUED IN DUPLICATE)
CNA
For All the Commitments You Make'
PAYMENT BOND
CALIFORNIA PUBLIC WORK
KNOWN ALL MEN BY THESE PRESENTS, That we, GHILOTTI BROS., INC.
BOND NO. 929258665
PREMIUM: (IMCUDED)
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
CTTY OF SAN RAFAEL
ONE HUNDRED THOUSAND AND NO/100THS —as Obligee, in the
sumof -------------------------------- -----
---------------------------------------
---------------- n o l l a rs ($ 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 MAY 19, 2004 with the obligee for
RMEWALK REPLACEMENT CONTRACT 2004-2005 PROJECT NO. 10723
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 3RD
G-23261 -A
day of JUNE
GHILOTTI BROS., INC.
1* 2004
' . Principal
BW
M. HICOTTI, PRESIDENT/TREASURE
WESTERN SURETY COMPANY Surety
By
KELLY HOL Attorney -in -Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
j ss.
Countyof Marin
On �ID-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 Slgner(s)
N personally known to me
❑ proved to me on the basis of satisfactory
evidence
Commiusion 0 1365369 Z
Notary Public - C21110mis �
Z Mann County
4 P.Ay Cortin. Ezpinaz 2 19, 2CM
to be the personal whose name%) isXM
subscribed to the within instrument and
acknowledged to me that hiet$ey executed
the same in his/fbc authorized
capacity(jo,t, and that by hisfaVr�t *
signaturefs) on the instrument the personfig), or
the entity upon behalf of which the person(R)
acted, executed the instrument.
WITNESS my hand and official seal.
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 Doc-u-ment:��.�
DocumentDate: 3. ZQ7�3� Number of Pages:9
Signer(s) Other Than Named Above: NIS
Capacity(les) Claimed by Signer
Signer's Name: Michael M. Ghilotti
❑ Individual
:k] Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
President/Treasurer
Ghilotti Bros., Inc.
Illitle MM
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0 1999 National Notary Association • 9350 De Salo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.naUonainotaryorg Prod. No. 5907 Reorder. Call Tali -Free 1-900.875-6827
?_ft&L1; ®RN1A ALLOP DE' POSE ACKNOWLEDGMENT
State of California
s5.
County of SONOMA
On 6/3/04 before me, LAWRENCE J. COiNE, NOTIARY PUBLIC
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared--------KELtLY. HOLTEM/iN--------------------'----
arne(s) of Signar(s)
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(x) whose name(m) is/�
subscribed to the within instrument and
acknowledged to me thath+ executed
the same in -bt9dher&a2dx authorized
_. .. capacity, and -that by Jdadler/ibaix
;^r ;, c�,a, . signature(%) on'the instrument the personO, or
t the entity upon behalf of which the erso
_ acted,' executed the instrument. .
WITNESS my hand and official seal.
Place Notary Seal Above Signature otActary Public
0PT101' AL
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 A.itached Document
Title or Type of Document:
Document Date: JUNE 3, 2004
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Ofcer—Title(s):
❑ Partner — ❑ Limited •❑ General
LX Attorney in Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other: .
I' r ISI C• �
N/A
71721 • YOU : ►!�I
Signer Is Representing: WESTERN SURETY COMPANY
Number of Pages:
C�
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0 1299 National Notary Association • 9350 Do Solo Ave., P.D. Box 24112 • Chatsworth, CA 91313.2402 • vmw.nationalnoteryorg Prod. No. 590, Reorder Call Toll -Free 1 •BOO.676.6827
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 certaininsurance policies written by any, one or
more of the following. companies (collectively the "Writing Companies") as.surety or
insurer: Western Surety Company, Uniyersal 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 -0F PREMIUM
The premium, attributable to coverage for terrorist acts certified under the Act was .Zero
Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTTCIPA'TION ]7q PAYMENTT-OF TERkQPUSM
LQssEs -
The United States will pay ninety percent (90%) of covered terrorism -losses exceeding the
applicable surety(irisurer deductible.
FOIm F7310
Western Surety Cc 'npany
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 3 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.
Tr WESTERN SURETY COMPANY
leiSEAV PYA
Paul . BmfI 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 swom, 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 s�ti''~''~`""`''~`'♦titiYti�+ti4..4ti4
r D. KRELL r
November 30, 2006 1 sE L NOTARY PUBLIC EAs r
r SOUTH DAKOTA r
4 tibtiti4Y 4ti 444.M ♦.stis�4+•rtiti } _
f D. Krell, No 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 3RD day ofE 2004
, 1CN
0 WESTERN SURETY COMPANY
_N�%aPOgq�a`
LW•,4 � 9
•s� EA-,rp=
�tM pPK{�
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corponite name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.