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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: �L 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 nr+ FAcioc01M. r. TR1CiA4PtIL - Commissfnn O 13WW9 z Notary Public - California Z Msarin County 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 WMIUM Top of thumb here LinerlsRepresenting: Ghilotti Bros., . y .r .r y r y y y Inc.y 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: . [0-155015015k, N/A 4110101 ►` `[ Y Ul: 1 1 Signer Is Representing: WESTERN SURETY COMPANY Number of Pages: ONE :a•u Top of thumb here, 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 3 ,: ,:.: j•+-r,ir u nl;i:drr:; • .:CaGflsm!;;: f•Jf'}r(_;.:`r1Tf.E:ir ,+1' GCIh'.-A.{!<i!• - - 's:` r7svr: r a . 7t i 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: . [0-155015015k, N/A 4110101 ►` `[ Y Ul: 1 1 Signer Is Representing: WESTERN SURETY COMPANY Number of Pages: ONE :a•u Top of thumb here, 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 Top of thumb here 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� gra%17 :1e , Tap of thumb here. 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.