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HomeMy WebLinkAboutCC Resolution 10923 (Sidewalk Replacement; Ghilotti Bros)RESOLUTION NO. 10923 RESOLUTION AWARDING CONTRACT TO GHILOTTI BROS., INC., IN THE AMOUNT OF $119,360.00 FOR "CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT" WHEREAS, on the 30`h day of August, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine and declare all sealed bids or proposals for doing the following work in said City, to wit: "CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT" PROJECT NO. 110-4421-723-8000 in accordance with the plans and specifications therefor 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; and WHEREAS, the contract for this year's work should be approximately $100,000.00. However, no guarantee can be given for the final contract amount, which may be increased or decreased depending on funding; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Bros., Inc., and the same is hereby accepted at said unit prices and that the U UAL 0��3 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. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. for said work and to return the bidder's 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, 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 17h day of September, 2001, 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. 16.01.212 m § § §k § k k � & k ; ; ; j j } I / § §�5 � , § /)� s e q G a ; � ■ E= ( § )2 - , §0k \ 2 § § § \ k 2 2 \ 2 | §E §/< La §�` | ® § | m @ m § �kk�|k ; ; ; ; : ; ■ ; ; ; ( U s ,2 k k k 7 # § § ! @ - § ® k� � . k§} k k _ I ! ; } 2 2 - e - �k - - - 'a'a k | - k § k | |f|f§)§ §!Ir § § § §r �§_§_.93 ! M ,!£,C:W ! o §. City of San Rafael • California Form of Contract Agreement for CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT This Agreement is made and entered into this 17th day of September 2001 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: City of San Rafael Sidewalk Replacement Contract, 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 seven (7) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 365 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. (c) The Contractor must notify City if unable to comply with schedules. Contractor must notify City when onsite. Illi - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. 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 PROJECT NUMBER:110-4421-723-8000 PROJECT NAME: City of San Rafael Sidewalk Replacement Contract ITEM :DESCRIPTION 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 l Install 12" Root Barrier IHOURLY RATE 1 I Remove roots in excess of 3 inches in diameter ITOTAL 1 GHILOTTI BROS., INC. 525 JACOBY STREET SAN RAFAEL, CA 94901 ;QUANTITY UNITS UNIT PRICE TOTAL 10,000 SF $5.86 $58,600.00 1,000 LF $28.00 $28,000.00 1,000 I SF $14.00 $14,000.00 10 each $1,100.00 $11,000.00 10 I each $165.00 $1,650.00 10 I each $208.00 $2,080.00 10 I each $215.00 $2,150.00 100 LF $7.80 1$780.00 20 I hour $55.00 ($1,100.00 1$119,360.00 V - Progress Payments 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. 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 AGREEMENT • 2 the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Je�.Leonnn.i\Y . City Clerk I,- /- Al CITY OF?S RAFAEL: f, Ae o Mayor APPR R CONTRACTOR: Gary T. Ragg City Attorney for _ �DamL AGREEMENT • 3 CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE Bond Executed in Triplicate KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY ANL jURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 103686951 Premium: $704.00 That we,Ghilotti Bros., Inc. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto the City of San Rafael 1400 Fifth Avenue San Rafael, California 94915 as Obligee, in the full and just sum of One Hundred Nineteen Thousand Three Hundred Sixty and No/100ths---------- Dollars, ($ 119,360.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 25th day of September 2001 . THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract or is about to enter into a contract with the said Obligee City of San Rafael Sidewalk Replacement as is more specifically set forth in said contract, to which contract reference is hereby made. NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. Ghilot-tii �Brros., Inc. i�� _ By: 1/lLI SGL ,hdG�t.G&_ Michael M. Ghil ti, C Owner TRAVELERS CASUAL AND SURETY COMPANY OF AMERICA �ti� h � Kelly Holtem4nn, Attorney -in -Fact S-2359-1 (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ri%r:•:��,�;� �-'/:'-f : : riiirirrrir•rrirrrr'��r State of CALIFORNIA County of SONOMA l No. 5907 - . sirr.�rr.••i.-.r�.�rrrr rrrrr� -. 1 l l \ \ \ \ On 9-25-01 before me, BONNIE K. SIT , NOTARY PUBLIC \ DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC - \1 =Y HOLTEMANN------------------` personally appeared ` NAME(S) OF SIGNER(S) i x❑ personally known to me - OR - ❑ proved to me on ------------------- the basis of satisfactory evidence L to be the person(a) whose nameCA ism i subscribed to the within instrument and ac- i knowledged. to me that tglshe&M''executed the same in M=her/0W= authorized capacityj, and that byKW- her/t�W signature(N) on the instrument the person(, i or the entity upon behalf of which the \ person(; acted, executed the instrument. I r� OFF -I( !W SEAL - 1217287 1 EQNNIF K. FRYMIRE z WETNESS my hand and official seal. Z? 1m NOTARY PUBLIC.. CALIF. 0 a �COUNTY OF 50NQMA My ComtelorninExp ApIiI _+d, 200311 �/f•�) �� SIGNATURE OF NOTARY / OPTIONAL L Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. l l CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT j ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND 1 TITLE OR TYPE OF DOCUMENT ` TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE \ X ATTORNEY-IN-FACT NUMBER OF PAGES 1 ❑ TRUSTEE(S) �( ❑ GUARDIAN/CONSERVATOR 1 \ ❑OTHER: SEPTEMBER 25TH, 2001 t DATE OF DOCUMENT i l \ 1 \ SIGNER IS REPRESENTING: NIS iNAME OF PERSON(S) OR ENnTY(IES) \ TRAYFT,FRR 17ART7AT.TY ANT) RT7RF.1PV SIGNER(S) OTHER THAN NAMED ABOVE iCOMPANY OF AMERICA tr.��.�r.►r,rrir�rrirr.arrir.rr.�.�irrs��.r..��`�-�f1t'..�/iC''.,rr ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmat Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPO ACi NOWLEDGNIENT No. ssw State of O° -LIF' MA County of ' SONONL9 On 9-25-01 before me, BO= K. FRD=, NOTARY F=C DATE NAME, Ti11t OF OFFICER . E.G., VANE DOE. NOTARY PUBLIC- personally UBLICpersonally appeared MICBAHL M. GHILOTTI NAME(S) OF SIGNER(p) Fgpersonally known to me - OR - .0 proved to me on'the basis of satisfactory evidence to be the person() whose name is/mm subscribed to the within instrument and ac- knowledoed to me that he/tMbt= executed the same in his/JmYdk& a. authorized capacity( , and that by his/Jj=WjWI& i s1gn-ature%.). on. the instrument the p.erson.(K); or the entity upon behalf of which the 1 i' OFFICIAL SEAL - 1217287 I person( acted, executed the instrument. C �BONNIE K, FRYMME Z Y NOTARY PUALIC • CALIF. 0 1 COUNTY OF SONOMA l f MtCOMM,Exp,AvIllgo, gm.1 AWITNESS mand official seal. SIGNATURE OF NOTARY O 1 TONAL Though the data below is not required bylaw, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ' ' CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑" CORPORATE OFFICER TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 13AT ❑ TRUSTEE(S) Q GUARDIAN/CONSERVATOR OTHER: CO-OWNER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENrf, (IES) G=OTTI EROS., INC. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES SEPTEMBER 25TH, 2001 DATE OF DOCUMENT NIS SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIA T )ON -8236 Remme( Ave.. P.O. Bax 71134 • Canoga PaeK, CA 91309-7184 PAYMENT BOND - PUBLIC WORK SECTIONS 3247 - 3252, CIVIL CODE (CALIFORNIA) Bond Executed in Triplicate KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 103686951 Premium: Included in Performance Bond THAT WHEREAS, The State of California, acting by and through the City of San Rafael 1400 Fifth Avenue San Rafael, California 94915 has awarded to Ghilotti Bros., Inc. as Contractor, a contract for the work described as follows: City of San Rafael Sidewalk Replacement 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 State of California in the amount required by law, the sum of One Hundred Nineteen Thousand Three Hundred Sixty and No/100ths------- ($ 119,360.00 ) Dollars, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 25th day of September, 2001 Ghilotti Bros., Inc. Michael M. Ghilo i, Co- wner TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA b4zlKelly Holtem nn, Attorney -in -Fact S -2061-B (07-97) CALIFORNIA ALL•PURPOSk ACKNOWLEDGMENT No. 5907 Ltir.•-rri,�'r'r iiir ' •riirririrr,Gl1_lr�tr�.•����.�.ir�rrr�r.►.�rr.YrG. � t State of CALIFORNIA 1 County of SONOMA t l � i On 9-25-01 before me, BONNIE K. FRY . NOTARY =IC � DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC 1 personally appeared KE= HOLTEMANN NAME(S) OF SIGNER(S) M personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose nameNg ism subscribed to the within instrument and ac- knowledged.:to me thatsheAWW-executed the same in xf /her/TJM authorized capacity( j, and that by M- her/N%�T, signature(N) on the instrument the person(, or the entity upon behalf of which the �I OFFICIALSEAL-121728 person(, acted' executed the instrument. T BONNIE K FRYMIRE Z U NOTARY PUBLIC - CALIF. Z COUNTY OF SONOMA I My Comm. Exp. April 28, 2003 i (, WITNESS my hand and official seal. SIGNATURE OF NO AY T OPTIONALa .,A,. I-11. ..uL ill, l,ll, .Y1ii4lll. .L 64,n,1d Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNEFI(S) ❑ LIMITED ❑ GENERAL DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ONE ti I M ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SEPTF'V= 25TH, 2001 DATE OF DOCUMENT ti SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NIS TRASIFT.F.RR ('A.C;TTAT.TV ANP CTTAP1I1y SIGNER(S) OTHER THAN NAMED ABOVE COMPANY OF AMERICA I. 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Paris, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLE130MENT No, 5907 f/.•rrrrrr rrrr �ir�'rr�� �rrrrrr�r rrr rrr irrr.�.+.�rrr, �rrrrirrrrrrrrrr rr�rri State of GALIFORnA County of ' SONOMA On 9-75-01 before me, BCO= Z- Wit, NOTARY P=C DATE NAME, Tm_° OF OFFICER - F -G., -JANE DOEE, NOTARY PUBLIC personally appeared MICHAEL M. GHZOTTI ; NAME(S) OF SIGNER(q) Expersonally known to me - OR - proved to me on *the basis of satisfactory evidence to be the personm whose named is/Em subscribed to the within instrument and ac- knowledged to me that he/�= executed the same in his/lkudA Lal authorized capacity([, and that by his/j7vvLdutAk sign.a.ture%). on. the i-nertru-mant the. p.erson.(r)r or the entity upon behalf of which the person( acted, executed the instrument. 1 „'• L ' `OFFICIAL SEAL -12172871 T BONNIE K. FRYMIRE 0 �/�/ TNESS my hand and official seal. U ii NOTARY PUBLIC - CALIF. :0 ` Z COUNTY OF SONOMA /1 I My Comm. Exp. April 28, 2003 louj SIGNATURE OF NOTARY iiJiJ.4 9..•i. i.i i.��i�lll Xil� It,I�X..I,..t,t.JYOPTIONAL ,,,:,II�..:I,III, .. .l,ll.l,.,.,1.:.,lll..I � .�: •i1.11l.11id lllil.�iiltltl�li it I. il.. dlY�WlII II,i11Y.IIliJS, Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: CO-OWNER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ms) . G== EROS., INC. DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES SEPTEMBER 25TH, 2001 DATE OF DOCUMENT NIS SIGNER(S) OTHER THAN NAMED ABOVE 01933 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 1N W1TNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of December 2000. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD t lk� J*�TY ANp s t,►,6Ci,< pN E�.c� ur L'D �Os�OI�T �1 � r HARTFOAO ��` a HARTFORD, d 19 & 2 o COM, o CONN. r UI! TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARNIINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 11th day of December, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. C. My commission expires June 3� 2001 NotaryPublic E Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut, Dated this 25TH day of SEPTEMBER , 20 01 . �r 1210AUREr` �J11 yAf(I t GHS,�r HARTFORD, t e 19 8 2 o COAY�. g CONN. c c + r By Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARM lNGTON CASUALTY COMPANY Hartford, Connecticut 06153-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Lawrence J Coyne, Goran G. E. Ryn, Kelly Holtemann, Bonnie K Frymire, Thomas Hughes, of Petaluma, California, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARNIINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof; and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. AC RD CERTIFIC.6-E OF LIABILITY INSUr- FkNCCSR SD I DATE(MWDD/YY) HILO-1 09/25/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 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 INSURED I INSURER A: Evanston Insurance Co. INSURER B: Nationwide Mutual Insurance Co Ghilotti Bros., Inc. I+INSURERC: National Union Fire Ins. of PA 525 Jacoby Street INSURER D: San Rafael CA 94901 I I 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION LIMITS DATE (MM/DD/YYI GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1004993 10/01/00 10/01/01 FIRE DAMAGE (Any one fire) $ 50,000 1 CLAIMS MADE F_X] OCCUR I MED EXP (Any one person) $ 5,000 X GL Ded. $5,000 I PERSONAL& ADV INJURY S1,000,000 X X, C, U Included I GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $1,000,000 POLICY LOC I I JECT I I AUTOMOBILE LIABILITY B ANY AUTO ACP7800621590 10/01/00 COMBINED SINGLE LIMIT $1,000,000 10/01/01 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY $ (Per accident) X Ded. $1000 APD PROPERTY DAMAGE $ I(Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I $ ANY AUTO EA ACC 1$ I OTHER THAN AUTO ONLY: AGG I S EXCESS LIABILITY I EACH OCCURRENCE 1$10,000,000 C X] OCCUR D CLAIMSMADE BE7403562 10/01/00 10/01/01 AGGREGATE I $ 10, 000, 000 Is I I $ X1DEDUCTIBLE RETENTION $ None I I $ WORKERS COMPENSATION AND X I TORY ILIM TS I OI E EMPLOYERS'LIABILITY 315129300 10/01/00 -ER 10/01/01 I E.L. EACH ACCIDENT 1$1,000,000 E.L. DISEASE - EAEMPLOYEEI $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT I $ 1, 0 0 0, 0 0 0 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder **its officers, agents & employees JOB: City of San Rafael Sidewalk Replacement Contract, GBI #01426 Project #110-4421-723-8000 30XCG201OLF 11/85 -NOTEPAD CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLS MAIL 30X DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,4Hff-F1MLL&'2 :... _. .,,,.�1__ City of San Rafael** Dept. pf Public Works -41hipesr! NS SoM-1 !""....... �' 1-11111 11, VI U11111L 111Jt!^�^, IIJ HVCIYIJ IIM1 P.O. Box 151560 :. 1. 1"... Rafael, CA 94915-1560 Aur PRESENT I ACORD 25-S (7/97) RAM SLACWp ORPORATION 1938 GHILa=1: }}�����PAD: /� ..... HOLDER.-00DE::..... S(AXRAF$ PAGE.-:2- 'E _ IY� p I�� INSURSDSNAM G?� 14 t:� $xOS�?�c:-: R SD D .TS .... I..../. "It is hereby understood and agreed that the City of San Rafael, its officers, agents & employees, are additional insureds hereunder but only as respects liablity arising out of the land and/or property and/or work described in the Public Worls contract for the project entitled, City of San Rafael Sidwalk Replacement Contract between the City of San Rafael and Ghilotti Bros., Inc. for the work & the improvements described therein." Policy Number: OOGLP1004993 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE City of San Rafael, its officers, agents & employees Dept of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 JOB: City of San Rafael Sidewalk Replacement Contract, GBI #01426, Project #110-4421-723-8000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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" for that insured by or for you. The insurance provided herein is primary coverage to the certificate holder with respects to any insurance or self insurance programs maintained by the certificate holder, and no insurance held or owned by the certificate holder shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against anotther insured and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the Company's Liability. INSURED: Marin Storage & Trucking Inc. - DBA: Reliable Crane & Rigging CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 VVI UE U1 JUL U1-JU I'll 1111111711U1 1IND rHA IYU. IUIItlCU3UU r, UC/14 ACORD,Y C E RTI F I CA M O F LIABILITY I N S U r<AN C FG csR SD DATE (MNUDDIYYI xlLo-1 10/02/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF 1 FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Rama tici Insurance, Inc. HOLDER. THIS CERTIFICATE IDOLS NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES 13CLOW. Petaluma CA 94953 Phono:707-782-9200 Fax:707-782-9300 IL`6��1.�q:bY_\y�r7:lr]CC�IZe]�fU7�ci� INSUHL•KA: Evanston Insurance. Co. INsuREReJ_Nationw_ide Mutual Insurance Co Ghilotti BroS., Inc. INSURER C; Amer.Internatll Special t Limes 525 LT&cQhy Street � INSURER D; San Rafael CA, 94901 _—__— I �INSURERE: State Conmensation Ins. Fund COVERAGES --- 1 HE POLICIES Ole INSURANCE LISTED BELOW HAVE BEEN ISSUDD TO n1C INSURED NAMED ADOVF FOR THE POLICY PERIOD INDICATED. NOIWITHS rANOING ANY riFOUIRFMFNT, TFRM OR CONDITION OF ANY CON TRACT ON 01 HER OOCUMEN r WITH RESPECT TO WHICH THIS CERTIrr-ATE MAY DE ISSUED OR MAY PERTAIN, TI IC IIJSURANC6 AFFORDED OY THE POUCIFS OFSC,RIRED HEREIN IS SUHJEC f 10 ALL rHE 1 FRMS, EXCLUSIONS AND CONDITIONS Of SUCI I POLICIL-S. AGGREGATE LIMI I'S SHOWN MAY HAVE BEEN REDUCED OY PAID CLAIMS, INSR - '" . '-_ POLICY EFP�Ci1Vi: "OLIGY EXPIRATION LTR TYPE OF INSURANCE -:POLICY NUMBER DATE (MMMIONYI DATE IMMIOD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMCRGIAI, GFNFRAL I IAMLITY CLAIMS MADE [A–] OCCUR X GL Ded. $5, 000 X_ X, C, U Included (;rN'L AC.,I;RFGATE LIMIT APPLIES PER; POLICYFX X I JF T _I I LOC AVrOMOIIILF. LIARILITY }3 ANY AUTO NIL r)WNFDAUTOS ::CH000LCD AUTOS X HIREDAUTOS X NON OWNrD AUTOS X Ded. $1000 APD GARAGE LIA13IL17Y ANYAuro EXCESS LIABILITY _ C X] OCCUR I _J Cl AIMS MA171E DEDUCTInI.r tir_wrION s None T WORK[ -.'RS COMPENSATION AND E EMPLOYERS' LIAUILIIY OTI ICR OIOLP1004993 10/01/01 10/01/02 FIRE-DAMAGE(Anyoncfirc) S 50,000 _MEL) EXP (Any one persnn) S 5,000 PERSONA AOVINJUKY S 1_,_000,000 GENERAL AGGREGATE 5 2, 0 0 0, 0 0 0 PRODUCTS - COMNOPAGG ......... 11,000,000 COMBINED SINGLE LIMIT ACP7810621590 10/01/01 10/01/02 (ra S 1,000,000 BODILY INJURY S (Per Pr:r,On) 130DILY INJURY S (Por acGdonl) - PROPERTY DAMAGE S (Per amdunl) BE7413100 10/01/01 315129301 10/01/01 AUTO ONLY- EA ACCIDENT S OTHERTHAN rAACC S AUTO ONLY: AGG S EACI I OCCURRENCE Is 1,0, 000, 000 10/01/02 1 ACCRECA'IE r� S 10, 000, 000 X I TORYLIM'TSI IOER 10/01/02 _E.L.E_ACHAG_CIDeNT $1,000,000 E,L.DISEASE-EA EMPLOYE $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT S T, 0 0 0, 0 0 0 DCSCRIP'fION OF OPE— IONS/LOCATIONS/VEHICLESIEXCLUS IONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Operationg of the Named Insured for the Certificate Holder **its officers, agents & employees JOB: City of San 'Rafael Sidewalk Replacement Contract, GBI *01426 Project #[:110-4421-723-8000 30XCQ2010LF 11/85 -NOTEPAD -CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER= _ _ CANCELLATION T^ SHOULD ANY OF THE ABOVE DESCRIBED D POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL -.,...- . --MAIL MAIL ,.�, Q_„J DAYS WRITTEN City of Sari Rafael** NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - .. . , _ , _ . , �•_� Dept. of Public Works- P.O. orksP.O. Box 151560 got Saiz Rafael, CA 94915-1560 nuT�Rl2£9i2�PResE yY ACORII 25-S (7/97)_ — —7C3 U'AXOLkM `i!OkPORATION 1988 .vi UL- vi I" Ui -,,U 1 ii nniini ivi lira MA NU, IUI It3LZJJUU t', UJI i4 .: Nol.p�R C.al7� S PAGE 2 ADIRA,@:;::''', NOTEPAD:. . JN�OkWSXAME: 'S 3!. t' t:B7Co :i•: 2�1C. L'SFt:Si .,: pAT�:a0%02/QI: "It is hereby understood and agreed that the City of San Rafael, its officers, agents & employees, are additional insureds hereunder but only as respecto liablity arising out of the land and/or property and/or work described, in the Public Worls contract for the project entitled, City of San Rafael Sidwalk Replacement Contract between the City of San Rafael and Ghilotti Bros., Inc. for the work sc the improvemeuta described therein," I-- ,Li uiuuiiivi I11� 1*t1A 11U, IUII0Ld3UU r, U4/14 Policy Number: 01 GLP1004993 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided tinder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization City of San Rafael, its officers, agents & employees Dept. of Public Works P.O. Box 151560 San Rafael, CA 949151560 Joh: City of San Rafael Sidewalk Replacement Contract, GBI #01426, Project #110-4421723-8000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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" for that insured by or for you. The insurance provided herein is primary coverage to the certificate holder with respects to any insurance or self insurance prograins maintained by the certificate holder, and no insurance held or owned by the certificate holder shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the Company's Liability. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 OCT -05-01 FRI 01:40 PM RA 'ICI INS Don Ramatici Insurance, Inc. P.0, Box 551 Petalumi, CA 94953 Plimie: 707-782-9200 City of San Rafael Public Works Depl. Attn: Steve Zieger FAX NO. '1 ('829300 P. 02 MEMO .... ....... ti rE ........... GHT110-1 SP 10/05/01 ''Vfcy. -00AMwt ACP7810621590 ............. PCX(-,, 10/01/01 10/01/02 ... ............ ii 5 .......... .. .... xlo . . . . . . . . . . Please be advised that the deductible on the certificate of insurance is paid by the insured Ghilotti Bros., Inc,