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CC Resolution 12355 (Medway/Canal Enhancement Proj.)
RESOLUTION NO. 12355 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR MEDWAY/CANAL ENHANCEMENT PROJECT, PROJECT NO. 10705, FEDERAL AID PROJECT NO. STPLPR 5043 (019), TO GHILOTTI BROS., INC., IN THE AMOUNT OF $1,191,198.00. WHEREAS, on the 6`h day of September, 2007, 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 Deputy 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: "MEDWAY/CANAL ENHANCEMENT PROJECT" CITY PROJECT NO. 10705 FEDERAL AID PROJECT NO. STPLPR 5043 (019) 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 therefore; 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. 35 5 RESOLVED FURTHER, that the Mayor and City Clerk of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, 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 September, 2007, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEAAE M. LEONCINI, City Clerk File No. 16.01.195 City of San Rafael ♦ California Form of Contract Agreement for Medway/Canal Enhancement Project in the City of San Rafael, Medway Road From Francisco Blvd. East to Canal Street Project No: 10705 Federal Aid Project No. STPLPR 5043 (019) This Agreement is made and entered into this 17`h day of September 2007 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: lI - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Medway/Canal Enhancement Project in the City of San Rafael Medway Road From Francisco Blvd. East to Canal Street, Project No: 10705, 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 ninety (90) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. 1V - 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. V - 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 NO. ITEM QTY. UNITS UNIT TOTAL PRICE PRICE 1. Mobilization 1 LS @ $94,000.00 = $94,000.00 2. Traffic Control 1 LS @ $16,250.00 = $16,250.00 3. Clearing, Grubbing and Demolition 1 LS @ $57,000.00 = $57,000.00 4. Pavement Removal 1,100 CY @ $45.00 = $49,500.00 5. Adjust Manholes/Vaults/Boxes to Grade in Pavement 8 EA @ $650.00 - $5,200.00 6. Removal of Existing Joint Poles 6 EA @ $250.00 = $1,500.00 7. Relocate Road Signs 1 LS @ $7,000.00 - $7,000.00 8. Class 2 Aggregate Base 525 CY @ $92.00 $48,300.00 9. Grind Pavement 3,100 SY @ $4.30 - $13,330.00 10. Asphalt Concrete Pavement 1,500 TON @ $98.00 = $147,000.00 11. Fabric Reinforcement 5,250 SY @ $1.50 = $7,875.00 12. Catch Basins 7 EA @ $2,500.00 = $17,500.00 13. Roadway Signs 1 LS @ $1,500.00 = $1,500.00 14. Thermoplastic Traffic Stripes 1,700 LF @ $3.00 = $5,100.00 15. Thermoplastic Pavement Markings 360 SF @ $8.00 = $2,880.00 16. PVC Pipe 150 LF @ $130.00 - $19,500.00 17. Concrete Curb and Gutter 2245 LF @ $23.00 = $51,635.00 18. Concrete Curb Painting 625 LF @ $2.00 = $1,250.00 19. Colored Concrete Scored Paving Integral Color A 9,500 SF @ $10.00 = $95,000.00 20. Colored Concrete Scored Paving Integral Color B 4,500 SF @ $9.50 = $42,750.00 21. Colored Concrete Driveway Pavement 4,800 SF @ $9.50 = $45,600.00 22. Colored Concrete Curb Ramp 1,800 SF @ $14.00 _ $25,200.00 23. Cast in Place Colored Concrete Seat Wall 58 LF @ $180.00 = $10,440.00 24. Under Sidewalk Drain 1 LS @ $6,000.00 _ $6,000.00 25. Planting 1 LS @ $25,000.00 = $25,000.00 26. Plant Establishment 1 LS @ $2,200.00 - $2,200.00 27. Shrub Planting 1 LS @ $4,560.00 $4,560.00 28. Structural Soil Mix 420 CY @ $190.00 - $79,800.00 29. Amended Topsoil Mix 11 CY @ $125.00 $1,375.00 30. Irrigation System 1 LS @ $95,000.00 = $95,000.00 AGREEMENT 2 31. Bench 6 EA @ $1,900.00 = $11,400.00 32. Trash Receptacle 7 EA @ $1,300.00 = $9,100.00 33. Tree Grate and Stakes 55 EA @ $1,400.00 = $77,000.00 34. Chain Link Fence 369 LF @ $57.00 = $21,033.00 35. Chain Link Gate 5 EA @ $964.00 = $4,820.00 36. Bike Bollard 2 EA @ $1,300.00 = $2,600.00 37. Leaning Rail 1 EA @ $6,500.00 = $6,500.00 38. Lighting and Electrical Systems 1 LS @ $75,000.00 = $75,000.00 39. Relocated Bus Shelter 1 EA @ $4,500.00 = $4,500.00 GRAND TOTAL BID $1,191,198.00 IN WORDS One Million, One hundred ninety one thousand, One hundred ninety eight and 00/100 VI - 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. VII - 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 AGREEMENT 3 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 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 APPROVED ArSfTO) FORM: �! /tel Ciaiy Ra ggl rq4 i City Attorney CITY OF SAN RAFAEL: 11belB0 1•0 Mayor GHILOTTI BROS., INC. AGREEMENT • 4 Bond executed in Duplicate A STOCK COMPANY —ESTABLISHED 1890 !: a Hal (0 paqy r HOME OFFICE OF M A R Y LA N D Faithful Performance Boni Public Fork BALTIMORE (: Bond No. 08395184 I' (The premium charged on this bond is $ 7, 6 05 _ 00 ------------ being at the rate of $ A.: 18 -------------- per thousand of the contract price); KNOW ALL MEN BY THESE PRESENTS: I THAT, WHEREAS, the_ City- of -San Rafael ------------------------------------------------------------ �. ---------------------------------------------------------------------------------------------- State of California, entered into a contract dated__ September_ 17 -____________________}1920-7 _, with Ghilotti_Bros_,_ Inc. ________________________________________________________hereinafter designated as the "Principal," for the work described as follows: __ Medway/Cana1 Enhancement Project_in the_ City_of ______ ----------- San Rafael, MedwayRoadFrom Francisco Blvd. East to Canal Street, Protect______ ----------- ------------------------------------------------------- No: -10705, -Federal -Aid- Project -No. --STPLPR 5043__(019)____________________________; and --------------------------------------- WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now, THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion organized and existing under the laws of the State of Maryland, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto_ City_ of -San -___-__- Rafael ---------------------- ------------------ One Million One Hundred Ninety—One Thousand ( 1 191 198.00) in the penal sum of__ Qz1p._R_uadre-d- _Xjnety_=Eight AQI1D11-------- Dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind our- selves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is SUCH, That. -if the above bounden Principal, his or its heirs, ACKNOWLEDGMENT State of California County of Marin on Oct 1, 2007 before me, Kathleen J. Frew-Eckhaus, Notary Public (here insert name and title of the officer) personally appeared Michael M. Ghilotti, President/Treasurer personally known to meo�yprQved lu ms ui i ll ic baw�, ul z atisfa,-te y-eviderrcuy to be the personW whose names' is/ttK subscribed to the within instrument and acknowledged to me that herd executed the same in his eir authorized capacity(ie-sl, and that by his1ReTttl-eiksignaturej4 on the instrument the person(a), or the entity upon behalf of which the persons'acted, executed the instrument. WITNESS my hand and official seal. KATHLEEN J. FREW ECKHAUS Commiiiion N 1704810 Signature � ��-,__. i Notary PubNc - Callforhia g > Morin County MVC0Mb5 itN0v 13, 20W (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Francisco On September 27, 2007before me, Rosemarie Guanill, Notary Public Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Nerissa S. Bartolome Name(s) of Signer(s) ® personally known to me proved to me on the basis of satisfactory evidence 4 _N_ -j ta��`:i'Ii17L rj to be the person(s) whose name(&) is/afe- �' subscribed to the within instrument and ,i,(;.;;�;.� ;:;0! ii••!!'t' -� acknowledged to me that Fie/she/trey executed N17 (:!,film. (� uir ., '.the same in Ftis/her/t efr authorized capacity(les), and that by his/her/#reit= 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 and official eal. Si Pace Nola Seal Above G nature of Not c n 9 ah 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: Faithful Performance Bond -Bond No. 08395184 Document Date: september 27, 2007 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ` ' Limited General IN Attorney in Fact ❑ Trustee fi❑ Guardian or Conservator fi ❑ Other: Number of Pages: Signer Is Representing: Fidelity and Deposit Company of Maryland - .�_-- 101111. Top of thumb here © 1997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313.2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, Oyare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e , COS by nominate, constitute and appoint Stanley D. LOAR, Charles R. SHOEMAKER, Mark M. ge CKINSON, Jeffrey W. PARKHURST, Nancy L. HAMILTON, Rosemarie GU a onne RONCYGLIOLO and Lawrence J. COYNE, all of -S, a I s e and lawful agent and Attorney -in -Fact, to make, execute, seal a li d on h s , and as its act and deed: an and all bonds and undertakings, and 11c' to). in pursuance of these presents, shall be as binding upon said C� d D and purposes, as if they had been duly executed and acknowledged by th a e r e Company at its office in Baltimore, Md., in their own proper persons. This power of attorn a th on behalf of Stanley D. LOAR, Charles R. SHOEMAKER, Mark M. MUNEKAWA, Rog r SON, Jeffrey W. PARKHURST, Nancy L. HAMILTON, Rosemarie GUANILL, Nerissa S. BARTOLOME, Yvonne RONCAGLIOLO, dated May 1, 2007. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of June, A.D. 2007. ATTEST: ,gyp DEPOP W w' State of Maryland1 City of Baltimore f ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: i William J. Mills Vice President On this 6th day of June, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written o�aal5 R• N�IyO�Z wroecwn+ wnWe FOA -F 016-0949E Dennis R. Hayden Notary• Public My Commission Expires: February 1, 2009 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the .paid Company this 27th dayof September , 2007 Assistant Secretary ind executed in-Du-olicate A STOCK COMPANY ESTABLISHED 1890 DA off aDepogn y HOME OFFICE OF MARYLAND BALTIMORE Bond No. 08395184 Premium: Included in Payment Bond Performance Bond (Section 3247, Civil Code) (Premium included in faithful performance bond) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS .... -,City ------of---San Rafael - -- ---------------------- =� --------------------------- -------------------------------------- ---------------- --------------------------------- ------------------------ ----------------------- ------------------------------------------------- --------- ------------------------------------------------------------------------------- has awarded to.-.-Ghilotti Bros. , Inc. - - - --------------------- --------------------------------------------- ------------------------------------ W ------------------------------------------------ ---------------- --------------------- ---------------------- ------------------------------------ -------------------------------------------------------------------------------------- as Contractor, a contract for the work described as follows:____ Medway/Canal Enchancement Project ject in ----------- Medway /Canal -------- ----------- the City of San Rafael, Medway From Francisco Blvd. East to Canal Street Fe d er a 1 Aid Project No ST PLP R 5043 (0 1 9 --- - ----- ---- ---- ---- ------ -- -- - ---- Project No: 10705, ------------------------- ----------------------------- ------------------ --------------- -------------------------------------------------------------------- ---------------- AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the .Qitv of San Rafael ----- - ---------------------------- ------- ---------------------- 0iie___'Mi1Ti6n ----- 0- - ne__Hundred R -1-n --- & 0 ------- T I 6_ _s a__ _cT ------------------- in the amount required by law, the sum of.,Qiqe Hundred Ninety -Eight and WcTIanr,s($ ----------------------------------- -------- for which payment well and truly to be made we bind ourselves, our heirs, e rs and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, We have hereunto set our hands and seals this -_27th-, ............. -------------------------- day of____Sep.t.em.ber ------- ------------------ t9-_200.7 Ghilotti Bros., Inc. ---------------------------------- ------------------------- -------------- B y �M. Ghil/ott --------- -------------------------- MichaelPresident/Treasurer ----------------------------------------------------------------------- ........................ - --------- ---- -----------------------------------------••--------- --- -- -- Contractor J.I FIDELITY AND DEPOSIT COMPANY OF MARYLAND --- ---------------------------------------------------------------------------- Nerissa S. Bartolome A ttorney-Vz- Fact CAL3177f-4M, 1-72 189776 ACKNOWLEDGMENT State of California County of Marin On Oct 1, 2007 before me, Kathleen J. Frew-Eckhaus, Notary Public (here insert name and title of the officer) personally appeared Michael M. Ghilotti, President/Treasurer personally known to meo�ypr-evea lu mc uii If it- bawl uf aatisfaeteiFy eviden�7 to be the person(,s'f whose name(Kis/�tKsubscribed to the within instrument and acknowledged to me that herstmAliey executed the same in histheqlheir authorized capacity(iosl, and that by his/HZr s.c signaturek4 on the instrument the person(s), or the entity upon behalf of which the persons-Yacted, executed the instrument. WITNESS my hand and official seal. Signature KATHLEEN J. PREW ECKHAUS Comm1e31on ate` 1704510 Notary Public - Coliforhia Z Mann County WCamnSOUN W13,2010 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _._ San Francisco On September 27, 2007 before me, Rosemarie Guanill, Notary Public Date Name and Title of Officer (e g , 'Jane Doe, Notary Public') personally appeared Nerissa S. Bartolome Name(s) of Signer(s) X personally known to me proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) is/ate subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in kris/her/t#etr authorized capacity(ies), and that by N&/her/lheif= signature(s) on the instrument the person(&), or the entity upon behalf of which the persons) acted, executed the instrument. WIT SZan�and official se I. Place Notary Seal Above '' 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: Payment Bond– Bond No. 08395184 Document Date:. September 27, 2007 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Limited General LN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: •L.1,M - Top of thumb here Signer Is Representing: Fidelity and De osit Company of Maryland, © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 il(,{-i1i;�;0 rl 'r c •j 'f.: vY tvly Name(s) of Signer(s) X personally known to me proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) is/ate subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in kris/her/t#etr authorized capacity(ies), and that by N&/her/lheif= signature(s) on the instrument the person(&), or the entity upon behalf of which the persons) acted, executed the instrument. WIT SZan�and official se I. Place Notary Seal Above '' 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: Payment Bond– Bond No. 08395184 Document Date:. September 27, 2007 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Limited General LN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: •L.1,M - Top of thumb here Signer Is Representing: Fidelity and De osit Company of Maryland, © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e , dens by nominate, constitute and appoint Stanley D. LOAR, Charles R. SHOEMAKER, Mark M. ge CKINSON, Jeffrey W. PARKHURST, Nancy L. HAMILTON, Rosemarie GU a onne RONC Y GLIOLO and Lawrence J. COYNE, all pf0 a � s e and lawful agent and Attorney -in -Fact, to make, execute, seal a i d on s h , and as its act and deed: an and all bonds and undertakings, and uch on m pursuance of these presents, shall be as binding upon said C�W—V D and purposes, as if they had been duly executed and acknowledged by th a ee Company at its office in Baltimore, Md., in their own proper persons. This power of attom e n behalf of Stanley D. LOAR, Charles R. SHOEMAKER, Mark M. MUNEKAWA, Rog r SON, Jeffrey W. PARKHURST, Nancy L. HAMILTON, Rosemarie GUANILL, Nerissa S. BARTOLOME, Yvonne RONCAGLIOLO, dated May 1, 2007. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of June, A.D. 2007. ATTEST: 'gyp DUOs'�i a State of Maryland City of Baltimore ss. I FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: i William J. Mills Vice President On this 6th day of June, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND; to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and yeaf first above written. 2ellSk POA -F 016-0949E Dennis R. Hayden Notary Public My Commission Expires. February 1, 2009 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of flit. said Company this 27th day olSertember ?007 Assistant Secretary AcIRt� ,CERTIFICAT- OF LIABILITY INSURAN� CSR GHILO-1 09/26107 DATE(MMIDD PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN OR ATIOI\ 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 INSURED Ghilotti Bros., Inc. 525 Jacoby Street San Rafael CA 94901 INSURERS AFFORDING COVERAGE NAIC # INSURER A Natl Fire Ins. Co. of Hartford 20478 INSURER B Transportation Ins. Co. 20494 INSURER C. Continental Casualty Company 20443 INSURER D. Zurich American Ins Cc of Ill MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. JOB: Medway/Canal Enhancement Project -Medway Road from Francisco Blvd. East to Canal St.,City Proj.#10705,Fed Aid Proj.#STPLPR 5043(019) GBI #07430 *Ten day notice would be sent on non-payment. **Boards & Commissions 30*XG140331A99 CERTIFICATE HOLDER City of San Rafael, its officers, agents, employees, its elective & appointive** P.O. Box 151560 San Rafael, CA 94915 ACORD 25 (2001/08) CANCELLATION SANPJ�F4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION! DATE THEREOF, THE ISSUING INSURER WILLTMDE*Y&R-FO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1110 I///_URS Till F f O J \ilk IMPOSE 118 8B titerrteaorrr.4iiME&+ AU7ED _7E RD CORPORATION 1 INSURER E 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. INSK nuU LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION LIMITS DATE (MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/07 uNm„iun 10/01/08 IPREMISEoeS(Eaneoccurenceieu E 100 ) ,000 = CLAIMS MADE FX] OCCUR I MED EXP (Any one person) $ 5,000 X Contrctl/Brd Frm $10,000 PD DED - PER OCC PERSONAL & ADV INJURY is 1,000,000 X XCU Incl. INDEP. CONTRACTORS INCL. I GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS- COMP/OP AGG s 2,000,000 7 POLICY jE n LOC IX AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000r 000 B X ANY AUTO BUA2087746336 10/01/07 (Ea accident) � 10/01/09 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 I $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG I $ EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE I $ 10,000,000 A 7 OCCUR EICLAIMSMADE L2098041315 10/01/07 10/01/08 AGGREGATE $ 10,000,000 $ DEDUCTIBLE I $ X RETENTION $10,000 I $ WORKERS COMPENSATION AND biAIU- U111-1 I X (TORY LIMITS I I ER EMPLOYERS' LIABILITY D WC 427761401 10/01/07 10/01/08 E.L EACH ACCIDENT I $1,000,000 ANY OFFICER/MEMBER EXCLUDED? I E.L DISEASE- EA EMPLOY $ 1, 000 , 000 If yes, describe under SPECIAL PROVISIONS below I E.L DISEASE -POLICY LIMIT I$ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. JOB: Medway/Canal Enhancement Project -Medway Road from Francisco Blvd. East to Canal St.,City Proj.#10705,Fed Aid Proj.#STPLPR 5043(019) GBI #07430 *Ten day notice would be sent on non-payment. **Boards & Commissions 30*XG140331A99 CERTIFICATE HOLDER City of San Rafael, its officers, agents, employees, its elective & appointive** P.O. Box 151560 San Rafael, CA 94915 ACORD 25 (2001/08) CANCELLATION SANPJ�F4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION! DATE THEREOF, THE ISSUING INSURER WILLTMDE*Y&R-FO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1110 I///_URS Till F f O J \ilk IMPOSE 118 8B titerrteaorrr.4iiME&+ AU7ED _7E RD CORPORATION 1 CNA Named Insured: Ghilotti Bros., Inc. For All Commitments You Mahe* G -140331-A99 (Ed. 10/1) Policy No. GL2098131032 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS — COMPLETED OPERATIONS COVERAGE 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, its elective & appointive Boards & Commissions Designated Project: Medway/Canal Enhancement Project — Medway Road from Francisco Blvd. East to Canal Street, City Project #10705, Federal Aid Project #STPLPR 5043 (019) GBI #07430 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section H) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: G -140331-A99 (Ed. 10/01) G -140331-A99 (Ed. 10/1) a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G -140331-A99 (Ed. 10/01)