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HomeMy WebLinkAboutCC Resolution 10695 (Street Resurfacing 1999/2000)RESOLUTION NO. 10695 RESOLUTION OF AWARD OF CONTRACT FOR STREET RESURFACING 1999/2000 TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF $ 1,047,776.65 WHEREAS, on the 15'x' day of August, 2000, 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: "STREET RESURFACING 1999/2000" PROJECT NO. 006-4069-640-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Brothers, Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Brothers, 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 Brothers, 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 Brothers, Inc. for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and snake 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 2151 day of August, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Qoro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen KAMA, M. 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Crescent Viox Wy Elford St STREET 1 Alexander Ave 2 Alvina Av 3 Antonette Av 4 Arguello Ci 5 Bahia Wy 6 Balboa Av 7 Bayo Vista Wy 8 Belloreid Av 9 Carroll Ct 10 Charlotte Dr 11 Circle Dr 12 Clyde Av 13 E Crescent Dr 14 East St 15 Elaine Wy 16 Elda Dr 17 Elford St 18 Esmeyer Dr 19 Fairfax St 20 First St 21 Fowler Ct 22 Glen Park Av 23 Hayes St 24 Jessup St 25 Junipero Serra Av 26 Lagoon PI 27 Lagoon Rd 28 Las Casas Dr 29 Lea Dr 30 Lenglen Av 31 Manuel T Freitas Py Wb 32 Merrydale Road 33 Myrtle Av 34 Neame Av 35 Peacock Ln 36 Pleasant Ln 37 Rafael Dr 38 Regina Wy 39 San Marcos PI 40 San Mateo Ct 41 Santa Clara Ct 42 Second St 43 Shaver St 44 Sonoma St 45 Sunset Wy 46 Tamal Vista Dr 47 Terradillo Av 48 W Crescent Dr 49 West St 50 Willow St FROM Fourth St C St D St Balboa Av Kerner Blvd Pt San Pedro Rd E Crescent Dr W Crescent Dr Lenglen Ave Fairfax St Tama[ Vista Belle Av Fourth St Second St Fairfax St Esmeyer Dr C St Elda Dr Kerner Blvd A St Lea Dr Corte Mesa Dr First St West St Balboa Av Riviera Dr Peacock Dr Balboa Av San Mateo Ct Trellis Dr Las Gallinas Av Merrydale Overcrossing Villa Av Santa Margarita Dr Peacock Dr Oak Av Belle Av Elda Dr Riviera Dr Fowler Ct Regina Wy Shaver St Fourth St Kerner Blvd Santa Margarita Dr Santa Margarita Dr Grand Av Fourth St Second St Taylor St TO End Oak Av Pleasant Ln Balboa Av Canal St Las Casas Dr E Crescent Dr End End Sonoma St End Elm St Scenic Ave Jessup St Sonoma St Tamarack Dr Willow St End Canal St B St 19 Fowler Ct End Second St East St Las Casas Av End Riviera Dr Junipero Serra Av Esmeyer Dr Tamarack Dr Montecillo Rd End Glen Park Av W Crescent Dr End End Belle Av Lea Dr End End End E St First St Canal St W Crescent Dr City limits Marinita Av E. Crescent Viox Wy Elford St City of San Rafael • California Form of Contract Agreement for Street Resurfacing 1999/2000 This Agreement is made and entered into this 21st day of August, 2000 by and between the City of San Rafael (hereinafter called City) and Ghilloti Brothers, 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: Street Resurfacing 1999/2000, 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 forty-five (45) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - 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 C� I NO. PRICES OF ITEMS NOTE: In the event of error or conflict in the prices set forth below, the "Unit Price" will govern. In the event that the "Unit Price" is illegible or indistinguishible it shall be established by dividing the "TotalPrice" by the "Number of Units." ITEM 1. Mobilization 2. Asphalt Overlay 3. Cold Planing 4. Fabric Reinforcement 5. Thermoplastic Traffic Stripes & Pavement Markings 6. Miscellaneous Pavement Patching 7. A.C. Berm/Dike 8. Install Curb and Gutter 9. Raised Reflective Roadway Markers 10. Adjust Manhole Casting to Grade 11. Adjust Rodhole & Monument Casting 12. Traffic Loops 13. Traffic Control 14. Drainage Repair on Willow St, includes installation of 2 grated drop inlets and 125 LF of 12" PVC GRAND TOTAL QUANTITY UNITS @ UNIT PRICE 1 LS @ 33,662.00 = 16,866 TON @ 46.25 = 45,088 SY @ 1.70 = 18,789 SY @ 0.95 = 1 LS @ 24,628.00 = 381 SY @ 30.00 = 995 LF @ 5.00 = 352 LF @ 25.00 = TOTAL PRICE 33,662.00 780,052.50 76,649.60 17,849.55 24,628.00 11,430.00 4,975.00 8,800.00 200 Ea @ 25.00 = 5,000.00 129 Ea @ 225.00 = 29,025.00 120 Ea @ 210.00 = 25,200.00 3 Ea @ 835.00 = 2,505.00 1 LS @ 16,000.00 = 16,000.00 1 LS @ 12,000.00 12,000.00 $ 1,047,776.65 AGREEMENT • 2 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The 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. AGREEMENT • 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF, N RAFAEL: J nne M. Leoncini lbert oro City Clerk Mayor APPR �� A FOR f (dry T. Raggtanti City Attorney' , CONTRACTOR: GHILOTrI BROS. , INC. BY: MICHAEL M. IL011TI/ DAVM W. GHILO'iTI for File No: 16.06.52 AGREEMENT 9 4 CONTRACTOR'S BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR FAITHFUL PERFORMANCE Hartford, Connecticut 06183 "BOND ISSUED IN DUPLICATE" BOND N0. 005SB103370425BCM KNOW ALL MEN BY THESE PRESENTS: PREMIUM: $6,182.00 That we, GHILOTTI BROS., INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the full and just sum of ONE MIT,T,ION FORTY SEVEN THOUSAND SEVEN HUNDRED SEVENTY SIX DOLLARS XXX Dollars, ($ 1,047,776.65 ), 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. XNX AND 65/100ths--- Sealed with our seals and dated this 21 st day of AUGUST J9 2000 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 STREET ttr;-sumACING 1999/2000 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. GAILOTTI BROS., INC. BY:IM44AM- MICHAEL M. GMOTTI, EXECUTIVE VICE PRESIDENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By Y HOLTkV= Attorney -in -Fact S-2359-1 (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of i • t County of On '� before me, TL r Date /� n Name %Tifia;�=r (ag'Jne Dae. NotaryPubr personally appeared Namefs) of Signer(s) ❑ personally known to me – OR p oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), "` or the entity upon behalf of which the person(s) acted, TERRY FRASER executed the instrument. ''.. " COMM. 11170427 ,^ iVI NOTARY PUBLIC -CALIFORNIA Mann Comm WITNESS m and official seal. MY Comm. Ezpkee Jin. 18, 2002 Signature of NotaTPubUe OPTIONJL Though the information below is not required bylaw, it may prove valuable to persons re ' g on flue document and could prevent fraudulent removal and reattachment of this form to anath document Description of Attached Document Title or Type of Document: . / Document Date: Signer(s) Other Capacity(ie Signer's me: Above: Claimed by Signer(s) ❑ In idual ❑ 0brDorate Officer Title(s): Partner — ❑ Limited ❑ ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservata ❑ Other. / Signer Is Repre enting: Top of thumb here Number of Pages: / i Signer's Name: t ❑ Individual 1 ❑ Corporate Officer Title(s): i ❑ Partner — ❑ Lied ❑General ❑ Attomey-in-Fa ❑ Trustee ❑ Guardian Conservator , t ❑ Other Top of thumb here , epresenting: 1 l l 1 1 1 CALLMRIVIA AI L -PURPOSE ACKNOWLEDGEr State of- CALIFORNIA County of SONOMA On B-21-00 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC , DATE NA►IE, TITLE OF OFFICER • E.G.. JANE DOE, NOTARY PUBLIC personally appeared KELLY HOLTEMAN -------------------- ---------------------- N"W45) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(* whose name( is/mc subscribed to the within instrument and acknowledged to me that Wshe/tom executed the same in hdaffierAbidr authorized capacit(fy, and that by /her/c signatureW on the instrument the person( or the entity upon behalf of which the I OFFICIAL SEAL • 1217287 I [ personW acted, executed the instrument. BONNIE K. FRYMIRE n NOTARY PUBLIC - CALIF. 0 Z COUNTY OF SONOMA WI my hand and official seal j My Comm. Exp. April 28, 20031 t SIGNATURE OF NOTARY f - - yr IONA1 Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE mu(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAUE OF PERSONS) OR EUMESnf TRAVFFIIEiRS CASUALTY AND OF AMERICA SURETY COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES AUGUST 21st, 2000 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE 1 -1 1-1y i oVIVU - HUBLIC: WORK SECTIONS 3247 - 3252, CIVIL CODE (CALIFORNIA) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 "BOND ISSUED IN DUPLICATE" KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, The State of Califomia, acting by and through the has awarded to GHILOTTI BROS., INC. as Contractor, a contract for the work described as follows: STREET RESURFACING 1999/2000 Bond No. 005SB103370425BCM Premium $ INCLUDED CITY OF SAN RAFAEL AND WHEREAS, Said Contractor is required to fumish 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 MILLION FORTY SEVEN THOUSAND SEVEN tium&&u avjVta,.vt SIX ($1,047,776.65 ) 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, DOLLARS AND 65/100ths------ That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (21 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 Califomia 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 this2l st day of AUGUST , 2000 . S -2061-B (07-97) Contractor TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By Y HOLTEMANN Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT irrrrrrrr��- �,F �rrrrr� . .-i. ��is .."J,�i T ,f y� 'nrl-^^r—s2ii,,^. irr State of t • t t Coun �r-� i /��/� before me, 7 V56 ° 1 On t Data ' Name Title of Officer (e.g., -Jane oo�e. N/otuy PuCUe-) 1 personally appeared N—e(s) at 5gner(s) ❑ personally known to me - OR -Z p oved to me on the basis of satisfactory evidence to be the person(s) i whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the i same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), TERRY FRAS R or the entity upon behalf of which the person(s) acted, Comm. IF 1170427 'A executed the instrument. � UI �� NOTARY PUBLIC • CALIFORNIA Mvin County WITNESS my hand d official seal. My Comm. Erpifes Jon. 18, 2002 4 ', slg�aue of ;70ubk OPT10N4L Though the information below is not required bylaw, it mai' prove valuable to persons g on the document and could prevent + fraudulent removal and.reaftachment of this form to anoth document 'r Description of Attached Document Title or Type of Document: Document Date: / Number of Pages: Signers) Other Tha amed Above: t Capacity(ie Claimed ;by Signer(/signer's t I Signer's me: Name: t ❑ In ' idual 1 ❑ orporate Officer i Title(s): t Partner — ❑ Limited ❑ Gen ral ❑ Attorney -in -Fact ❑ 'Trustee ❑ Guardian or Conserva ❑ Other. Top of thumb here Signer Is R7"'ting: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner— ❑ Li led ❑ Attorney -in -Fa ❑ Trustee ❑ General ❑ Guardian Conservator ❑ Other. Sig r Is Representing: M "IN A .- Top of thumb here 1 1 1 1 1 CALOR 7A ALL-PURPOSE ACKNOWLEDGEMEN'T' State of CALIFORNIA County of S O N O M A On 8-21-00 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - EG.. JANE DOE. NOTARY PUBUC personally appeared KELLY HOLTEMANN ------------------------------------------ NAME(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personW whose name( is/mw subscribed to the within went and acknowledged to me that Iw/she/> executed the same in (her authorized capacit(i y, and that by/her/tke o= r OFFICIAL SEAL .1217287 t signatureW on the instrument the personal ' BONNIE K. FRYMIRE n or the entity upon behalf of which the Z ® NOTARY PUBLIC - CAUF. 0 COUNTY OF SONOMA�erson" acted, executed the instrument ' My Comm. Exp. APru 28, 2003 p WI my hand and official, seaL SIGNATURE OF NOTARY / OPTIONAI C Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE PAYMENT BOND (LABOR AND MATERIALS BOND) nnxts) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER 13 REPRESENTING: NAME OF PERSONS) OR E"TOES)Y TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES AUGUST 21st, 2000 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 3rd day of December, 1999. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA } SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARAIINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS +'Mq SWlirr �J'LSYro AlyOs pA6p�nl,p��p _"^YQ]. O � � a HARTFORD, O A►r► CONN. c Z 1 *8 2 o 97 L 1971 9 m BV George W. Thompson Senior Vice President On this 3rd day of December, 1999 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, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, 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. �G.TEr My commission expires June 30, 2001 Notary Public 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, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, 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 21 St day of AUGUST , 2000. r g 7.� �• -01 moo? *og" uoProrr�r�'W HARTFORD, < 0 1982 0 am I By GDW ` CONN' • �� 1971 a Kori M. Johanson '`�� - �� bj . '�+ bey • " s Assistant Secretary, Bond Client# 15858 %ILOBRO CERTIFICA) E OF LIABILITY INSMANCEI 08/25/00 PRPDU4ER THIS CERTIFICATE IS ISSUED AS A MATTER 0* INFORMATION USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2199 S. McDowell B 1 Vd . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 4409 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma, CA 94955-4409 1 INSURERS AFFORDING COVERAGE INSURED Ghilotti Brothers Construction, Inc. 525 Jacoby Street San Rafael, CA 94901 INSURERA: Indian Harbor Ins. Co/ECS INSURERB: CGU/General Accident INSURERC: AIU Ins. Co- Tri -City INSURER D: I I 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. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER SATE (IIAMIDD/YYI DATE IMM/DD/YYt V MITS A GENERAL LIABILITY PEC 0 0 0 4 6 8 5 08/01/00 10 / 01 / 0 0 1 EACH OCCURRENCE $1,000,000 B C X COMM ERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $50,000 1 CLAIMS MADE FRI OCCUR MED EXP (Any one person) $ XLB I/ PD De d: 1, 0 0 0 I PERSONAL & ADV INJURY $1,000,000 X OCP I GENERAL AGGREGATE 52 , 0 0 0. O O O GENT AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG $1,000,000 7 POLICY I I iECT LOC AUTOMOBILE LIABILITY BA 0 17 6 2 71 10/01/99 10/01/00 COMBINED SINGLE LIMIT $1000000 ANY AUTO (Ea accident) i i X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AFIi EXCESS LIABILITY BE 7 01718 5 10/01/99 10/01/0 0 EACH OCCURRENCE s4,000,000 J OCCUR FICLAIMS MADE I AGGREGATE s4,000,000 DEDUCTIBLE I $ $ RETENTION $ $ WORKERS COMPENSATION AND WC STATS I IOE kElEACH EMPLOYERS' LIABILITY ACCIDENT $ E.L. DISEASE -EAEMPLOYEE S E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Cancellation: Except for ten days notice for non-payment of premium. RE: Project No. 006-4069-640-8000 STREET RESURFACING 1999/2000 Additional Insured named per the attached GL endorsement. CERTIFICATE HOLDER I I ADD mONALINSURED; INSURER LETTER, City of San Rafael/ Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 I ACORD 25-S (7/97)1 of 2 #S34096/M34095 IMANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL AWAIL 30_ DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEOTOTHELEFT AUTHORIZED REPRESENTATIVE �h n JEH 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC0R1)25S(7/97)2 of 2 #S34096/M34095 Non -Premium Endorsement USI Northern California — Holtemaim, Ord & Smith Division Issued by IK Indian Harbor Insurance Company IPolicy No. Named Insured PEC0004685 Ghilotti Brothers Construction Company, Inc. Inception (Month -Day -Year) Expiration (Month -Day -Year) Effective Date of Endorsement Policy Period: 08-01-00 10-1-00 08-01-00 It Is agreed that this policy -is hereby amended as Indicated. All other terns and conditions of this policy remain unchanged. BLANKET - ADDIITOr1AL INSURED ENDORSEMENT "Any Person or organization that you are requirez in a written contract or agreement to include as an additional insured, provided the "bodily injury", 'property damage" occurs subsequent to the execution of the written contract or agreement, but only to the extent that the "bodily injury ", 'property damage " arises out of 'your work" or "Contracting Services"for that additional insured by orfor you. " P IMA Y INSURANCE "This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.- Then, we will share with all that other insurance by the method described in a below. b, chis insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. Any other primary insurance available to you covering liabilityfor damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under any Coverage part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that 'suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those insurers. When this insurance is excess over 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 se f insured amounts under all that other insurance. We will share the remaining loss, tf 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 policy. c If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, Whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. ADDITIONAL INSURED: CITY OF SAN RAFAEL, its officers, agents and employees P328CP (12-98) Indian Harbor Insurance Company RDI; -3U -MU WtU U6 U I vM UUN ' "lR I 1 U 1 INS I NU HX NU, 1 U I IN TUU V. UL ACOR.p_ CERTIFICATE OF LIABILITY INSURANC�i��l ' ""08/30/00 -d6suc[R THIS CERTIFICATE IS ISSUED AS A MATTER OF I FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don kam:a ti ci Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENT) OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Phone:107-782-9200 Fax:707-782-9300 INSURERbAFFORDINGCOVERAGF IN::unin' wsuk_Ek_A_—State Compensation In:. Fund INfd1RCR D' Ghilotti Brother, Inc. INSOREkC, 525 Jacoby Street _. San Rafael CA 94901 I INIIkrN E COVERAGES THE PCR.ICIES OF INSURANCE LISTED BELOW I (AVE PEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITI ISTANDINO ANY REOUIREMCNT. 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 CONDITIUNS OF SUCH PUL ICIES. AGGRECIATt I WITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IW -ft ` "• .. " -"--"" — ' -- " LIN TYPE OF INSURANCE I - NUMBER ---POLICYEFFECnVE POLICYFXPIiiAT10N�'--'-- —�POLICY DATE (MMIDDIYY) GATE (MMID!WVYI LIMITS_ GhNFHAI•LIAUILITY I EACHOW:01thliNGE S y - I I I:I IMIAf,NI.1AL GCNCRAL LIALNLII { FIRE DAM"t;E (Any ant dre) 3- I I CLAIMq MAO;: L.J OCCUR MFD F.XP (Any ana p&wn) 1 I PER,IINAI. k AUV W.IURY S _� .. _.. .._.. ._�_..... .. .. .. _ .. GCNCfiALAGGRCGATE S — --- — A .,;RC.t,A1L' LIMI1 APIA IF PER PRCInV4TA . COMP/D? AGG S _ , 1•UI ICY I I Jf'CT Lot. AUTOMOHILE l,lA[tILITY •. COME+INFh SINGLE LIMIT It 1ANY AUTO (Ea SOClafAlj `-•- - -•.--_. {ALL UWNF.I I AU105 BODILY INJURY : [IILLIIILt11ALITIIi, I (Pfrprran) I HU [I! AUTO•; j BODILY INJURY NON•UWtihiI All 03 I I (Pel aeeidnn+) _..._ i .._.. .._ I . _ .. _ III PROPCRTv DAMAGE S � -.'�� (FCI . cLidenl) • dAftACC LIAp1U7Y E - AUTO ONLY- FA ACCIfIENT S _. .., . ANY AIITq O'fHFR THAN CA ACC S AUTO ONLY- AVG S FXCWO; LIABILITY CACII OCCI,IRPEIvGE ...... _ ' III I I CLAIMCMADE ARCRFGATF -`__ __.S•_ --. .... RETENTION WL,IAIU• UIH- - I Ep6irL ERE V LIARI !LATION AND _X I.TORY LIMITS I..- 1, ER --• A 1 EM!'LOYEIIi• LIAR141TY 315129399 10/01/99 10/01/00 EL EAulAccw[NT s 1000000 I t�THF:R nhSC1;1Pf10N OF OPERATION: JLCCATIDN..-,VWIICLGSfC-XCLU SIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE,: Work performed by Ehe Namc'ed Insured for the Certificate Holder JOB: Stroot Resurfacing 1999/2000, Job 1100430 EL.DISEA.SE-EAFMPLOYrr. s 1000000 EL.C,I7CASC-POL117YLIMR 3 1000000 3a;; CERTIFICATE HOLDER N ADDITWNAL INSURED INSURER LETTER: CANCELLATION SANRAI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIAATI ON DATE YHEREOF, THE ISSUING INSURER WILL • . MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF C, City of San Rafael Dcpt, of Public Works P.O. Box 151560 Sin Rafael, CA 99915 I �--•+e ACORG 26-S 17197) _, ILJL�I (JAM CORPORATION 1960