No preview available
HomeMy WebLinkAboutPW G Street Improvements - Phase II ProjectCity of San Rafael ♦ California Form of Agreement for G Street Improvements — Phase 11 Fourth St to Mission Ave This Agreement is made and entered into this __Q day of _AM 12018 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinafter calk4d Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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 described in the specifications for the project entitled: G Street Improvements — Phase II, City Project No. 11345, all in accordance with the requirements and provisions of the "Specifications and Contract Documents for G Street Improvements — Phase I I; Fourth St to Mission Ave" dated May 2018, which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within Thirtv (30) Working Days and with such extensions of time as are provided for in the General Provisions. 111 - 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 detennined 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; provided that the total compensation under this Contract shall not exceed Three Hundred Sixty-five Thousand Four Hundred Forty-four Dollars and 00 100 ($365,444.00) unless a written amendment is executed by the City and the Contractor. ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL PRICE QUANTITY PRICE 1. Mobilization 1 LS 2. Signs and Traffic Control 1 LS 3. Clearing and Grubbing 1 LS 4. Minor Concrete a $20,000 = $20,000 n $39,774 = $39,774 r, $98,000 = $98,000 AGREEMENT -1 ORIGINAL ITEIVI DESCRIPTION ESTIMATED QUANTITY UNIT @ UNIT PRICE TOTAL PRICE a. Type A Curb and Gutter 250 LF @ $41.00 = $10,250 b. 4" PCC Sidewalk 1,400 SF @ $11.00 = $15,400 c. Curb Ramp — Case A 4 EA @ $4,000.00 = $16,000 5. Storm Drain Improvements 2 EA @ $800.00 = $1,600 a. Type E Catch Basin w/ Gallery Inlet 4 EA @ $6,000.00 = $24,000 e. 12" PVC Storm Drain Pipe 100 LF @ $225.00 = $22,500 6. Full Width Grinding** 21,000 SF @ $0.87 = $18,270 7. Hot Mix Asphalt a. Full Depth HMA Plug Paving 60 TON @ $305.00 = $18,300 b. Deep Lift Patching 25 TON @ $305.00 = $7,625 c. HMA Overlay 315 TON @ $175.00 = $55,125 8. Adjust Existing Facility to Grade a. Adjust Manhole Castings 2 EA @ $800.00 = $1,600 b. Adjust Water Valve Cover 10 EA @ $58.00 = $580 c. Adjust Gas Valve Cover 1 EA @ $420.00 = $420 9. Roadside Signs a. Relocate Existing Sign(s) to New Post 3 EA @ $350.00 $1,050 10. Striping and Pavement Markings a. Detail 22 (Thermoplastic) 600 LF @ $3.00 = $1,800 b. Pavement Markings (Thermoplastic) 2,500 SF @ $5.50 = $13,750 c. Red Curb 400 LF @ $2.50 = $1,000 GRAND TOTAL BID $365,444.00 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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% 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. AGREEMENT -2 (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 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, 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 City 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 City 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) 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 City Engineer so certifies, the City shall, upon certificate of the City 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. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. AGREEMENT -3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jim , Intta City Maaaer ATTEST: Lit, say Lara City Clerk APPROVED AS TO FORM: Ghilotti Bros., Inc. By: qQh&= Printed Name Officer: Michael M. Ghilotti Title of Corporate Officer: President and, I Robert F. Epstein Printed Name of Officer: Daniel Y. Chin City Attorney Title of Corporate Officer: Chief Financial Officer File No. 16.01.287 AGREEMENT -4 Contract Bond Public Work California KNOW ALL MEN BY THESE PRESENTS, That we, and the Hartford Fire Insurance Company �;��: THE HARTFORD. Hartford Plaza, Hartford, Connecticut 06115 Bond executed in Triplicate PERFORMANCE BOND Bond No.. 57BCSHX5767.. . . Premium Charge $2,.59,1.0.0 Ghilotti Bros., Inc. as Principal, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto .. City of San Rafael . in the sum of Three Hundred Sixty Five Thousand Four Hundred Forty Four & 00/100 — Dollars ($ 365,444,.00,._ ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, exec- utors, admmistrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals, and dated this .10th day of ... . August, 2018 The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered Into a contract dated,-... July 16th, 2018 -+} with said City of San Rafael to do and perform the following work, to -wit: City Project No. 11345 G Street Improvements - Phase II Fourth St to Mission Ave The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. NOW, THEREFORE, if the above -bounden Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void; other- wise It shall remain in full force and effect. Ghilotti Bros., Inc. (SEAL) Principal Michael M. Ghilotti, President / Treasurer Hartford Fire Insurance Company By �Gp L— (SEAL) Attorney-jn-fact Kelly Holtemann Form S-3665.1 (HF) Printed In U.S.A. California All -Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin S.S. On August 13, 2018 before me, Melissa J. Russo, Notary Public Name of Notary Public iltle personally appeared Michael M. Ghilotti, President/Treasurer Narne of Signer (1) who proved to me on the basis of satisfactory evidence to be the person(t) whose name(t) is/subscribed to the within instrument and acknowledged to me that hekk1W_ti executed the same in hist lid authorized capacity(, and that by his/;/ Iii' signature(s) on the instrument the person(x), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MELISSA J. MSO COMM. #2213840 z Notary Public - California Z Marin County gnature ry Publi Conor. 'Expires Se . 14, 2021 OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevt ,,--udulen..--.-.u.nmeI f this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached c .ument. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Id Ification document titled/for the purpose of Pr�;rnn(s) to m n the basis of satisfactory evidence: of identification ❑ credible witnesses) containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - LimitedlGen ElTrustee(s) El Other: repre_Wnting: tJame(s) of Person(s) Em�tviiesl Sioner is Representing Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer ❑ Signer(s) Thumbprints(s) u 0 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form froth our web site at www The NotarysStore.corn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed the [:A ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Marin ) On ! u L k I before me, J. DeLuca, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ _ Kelly Holtemann Name(s) of Signer(s) who proved 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/" executed the same in hWher/t'heir authorized capacity(ies), and that by his/her/#t& signature(e) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t J. DELUCA _^�• Notary Public - California is Marin County z z: Z ' Commission # 2166061 vt My Comm. Expires Oct 24, 2020 t :P. s cam:, S, v"ti✓v��°vim, ,..-.-.,� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. / Description of Attached Document Title or Type of Document: Document Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ LI Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne act f 1 Trustee ian or Conservator ❑ Other: Signer I presenting: _ Signer's Name: Ll Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General G Individual ❑ Attorney in Fact L1 Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY Agency Code: 57-554795 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R Diebel, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loar, Mark M. Munekawa, Yvonne Roncagliolo, Charles R. Shoemaker of SAN FRANCISCO, California their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �rrl�,� �t � �,+►.^i '`'�� ane.ri �: a �Q�'r�',J�°� � � � ^: �t'► . �`��r •F�r4w1N r .,�+I.P. • If�i� s o•rrM r ;.;;`''v, t'46gTo105 se +' �Ipa�u 9��� John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 11 v,``Nt �`Y Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2011 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 10th, 2018 Signed and sealed at the City of Hartford. �11' 1ly�. �tJw7Ft tt ,x*r^ S IS..+Jb ` l �y any �r _� .�•y Ct i"• `,�••rll.rrfif a `0�! �il G �•� . li i real .�. � • .�r�n` ji• • �:i_ � h ,may � .Al •`ir `, rv.r:nJ: G i•�r�' i:i tai9lllaC• wi ID74 � 79'r9 '¢f:�. ::1�' 4a� �A ... 1' • ., 'tinat5 4nu•' Y�'��je�• Kevin Heckman, Assistant Vice President POA" 'N Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 POWER OF ATTORNEY HartfOne ord, Conne tcut06155 Bond.0 laims(cbthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY Agency Code: 57-554795 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R Diebel, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loar, Mark M. Munekawa, Yvonne Roncagliolo, Charles R. Shoemaker of SAN FRANCISCO, California their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �rrl�,� �t � �,+►.^i '`'�� ane.ri �: a �Q�'r�',J�°� � � � ^: �t'► . �`��r •F�r4w1N r .,�+I.P. • If�i� s o•rrM r ;.;;`''v, t'46gTo105 se +' �Ipa�u 9��� John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 11 v,``Nt �`Y Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2011 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 10th, 2018 Signed and sealed at the City of Hartford. �11' 1ly�. �tJw7Ft tt ,x*r^ S IS..+Jb ` l �y any �r _� .�•y Ct i"• `,�••rll.rrfif a `0�! �il G �•� . li i real .�. � • .�r�n` ji• • �:i_ � h ,may � .Al •`ir `, rv.r:nJ: G i•�r�' i:i tai9lllaC• wi ID74 � 79'r9 '¢f:�. ::1�' 4a� �A ... 1' • ., 'tinat5 4nu•' Y�'��je�• Kevin Heckman, Assistant Vice President POA" 'N Contract Bond Public Work — California KNOW ALL MEN BY THESE PRESENTS: That we, Jk THE HARTFORD Bond executed in Triplicate LABOR AND MATERIAL PAYMENT BOND 57BCSHX5767 Bond No. Premium Charge Included in Premium Charged for Performance Bond GhilottiBros., Inc. .............. ... ......... ...................... ....................... .................... .......... ............ .............. I ... .... ... .... I as Principal. and ........Hanford, Fire.Insutance, CornPany,,,,,,,,,,,,,,, a Corporation organized and ex sting under the aws of the State of Connecticut and authorized to transact surely business In the Stale of California, as Surety, are held and firmly bound unto the Stale of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment Fund and any and al materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the perform• ance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporal one renting or hiring teams, or Implements or machinery, for or contributing to said work to be done and all persons perform ng work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of................................................................ ... ......... . .... .. .. Three Hundred, Sixty Five Thousand Four Hundred Forty Four & 001100 — ...... ,,,Dollars Is ... 365,44A.P.Q...,,.............. .....y lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals and dated this ............... .1.OthAugust, 2018 ........ day ol......... ........... .........-1+J-....... The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated.. July.1gft.201,f3, ................ ........ with...............Cily,ofSan.Rafael................. ................................ to do and perform the following work, to wit: City Project No. 11345 G Street Improvements - Phase II Fourth St to Mission Ave The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond. and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. NOW THEREFORE. If the above -bounden Principal, or ........ .......... .... Ghilotti Bros., Inc sub -contractor, fails to pay for any materials, provisions provender or other supplies or teams, used In. upon, for or about the performance of the work contracted to be done under said contract, or for any work or labor done thereon of any k'nd, or for amounts due under the Unemployment Insurance Act with respect to such work, the Surety on this bond will pay the some, in an amount not exceeding the sum specified In this bond, and, also, In case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be taxed as costs and to be included in the judgment therein rendered; PROVIDED that this bond is filed by the Principal to comply with the provisions of Chapter 7, Title XV of the Clvll Code of California and other applicable provisions of said Title XV relating to Public Work and lability, hereunder Is subject to the provisions of said section and acts amendatory thereof, and sections of other codes of the State of Ca'ifomia referred to therein and acts amendatory thereof. Ghilotti Bros, Inc. [SEAL) Principal Michael M. Ghilotti, President 1 Treasurer ..................... Kaf 4F4fd. lfo.j4su rat!os, 99MPAny...................... . �f By.....4. j ............................... .............. ....,........... (SEALI Attomey-indaet! Kelly Holtemann Form S-3674-3 Printed m LI.S,A Q 2009-2015 Notary Learning Center -All Rights Reserved You can purchase copies of this form from our web site at www. The Nota FysStore. corn California All -Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin S.S. 7 On August 13, 2018 before me, Melissa J. Russo, Notary Public Name of Notary Public I itle personally appeared Michael M. Ghilotti, President/Treasurer Narrie of Signer (1 who proved to me on the basis of satisfactory evidence to be the person(A) whose name(t) is/subscribed to the within instrument and acknowledged to me that hehA1W_tt_*y executed the same in his/ authorized authorized capacity(and that by his6d&Rk signature(s) on the instrument the person(x), or the entity upon behalf of which the person(k,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MELISSA J. RUSSO M'L' COMM. #2213840 z COM X 6AN:otary Public - California 0 W MI Z Marin County z Corfn. �xpires �kI14,212111 ignature I ry Public OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevt_ f this acknowledament to an onaiithnri7pr] document and may prove useful to pet -sons relying on the attached ument Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Id Ification document titled/for the purpose of Proved nin n the basis of satisfactory evidence: t' r rm� m(s) of ide (.1 of identification F] credible witnesses) containingpages, and dated Notarial event is detailed in notary journal on: Page # _ Entry # The signer(s) capacity or authority is/are as: El Individual(s) Notary contact: El Attorney-in-fact El Corporate Officer(s) Other E] Additional Signer ❑ Signer(s) Thumbprints(s) El Guard ian/Conservator 0 El Guard ian/Co nservator E01 Partner-Limited/Gen 0 Trustee(s) r. 0 Other: h El Other: repre ing: Name B) of Personks) Eilfily(es) Signers Representing Q 2009-2015 Notary Learning Center -All Rights Reserved You can purchase copies of this form from our web site at www. The Nota FysStore. corn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �;r�rcri>r.�rcr - - - - - - .er��r•.cres.�,c�e�ra�tir,�.�c�.�r.4���,s�„er�ss A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin ) On k U QJ21k:, before me, J. DeLuca, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kelly Holtemann Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/ -are - subscribed to the within instrument and acknowledged to me that he/she/#iey executed the same in hWher/t'heir authorized capacity(ies), and that by #pis/herAheif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .' J. DELUCA Notary Public - California z Marin County z Z ' g Commission # 2166061 D My Comm. Expires Oct 24, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ___� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. / Description of Attached Document Title or Type of Document: Document Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ LJ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne ac rl Trustee Ian or Conservator ❑ Other: Signer I presenting: _ miner's Name: — Ll Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual CI Attorney in Fact Ll Trustee C -i Guardian or Conservator ❑ Other: Signer Is Representing: - �.�.�z.�,uxc:t:cox.�:c.�:�.�e�:t.Y;c,c�sx:cx:c,�c.u.�.�c.s:cx:c.�cr�.�:c.c;c�-cx;<.�_cxc�c-•-�.�c;�z.�c,�c,-r=e.�c.�:c.�c;�t.��c�.zz.ec.� 02014 National Notary Association • www.Nationa[Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY Agency Code: 57-554795 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R Diebel, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loar, Mark M. Munekawa, Yvonne Roncagliolo, Charles R. Shoemaker of SAN FRANCISCO, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �lrury, e+na• atrs t a"" ��"'v 156.7 ,^, E • �'?�� 1" • �;:` •� • %'�M+� .A'r •`~ f ' in rtvJ: • /•o1N1r• ��:;: tpT9�p• tei IpTp � •= I9l9 f Rrp`. _.. Via' 'tiriu �p .., r• • .. '.u•ot5' /nu•' •'�.��,. /14 - John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. yy 4 �`Nt �•Y Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 10th, 2018 Signed and sealed at the City of Hartford. 7t1 ,ttrs iu ,r�`i a Z+ , 1567 ! . 'o' * c- 1w_- . :,_ • l c: ~' '>>nrena,` • /•a11M� t,•:;tpT9�E t t 1D7p I9R9 a * 'er:�.. t:_�aaaN j�R . !•�t • �'`.'tii.ot5 4.tut' Y��i{ms�• •_ rJ ��v f�f -� Kevin Heckman, Assistant Vice President POA 9 Direct Inquiries/Claims to: THE HARTFORD BOND,POWER OF ATTORNEY tcut06155 Hartford,One onne Bond.ClaimsAthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY Agency Code: 57-554795 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R Diebel, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loar, Mark M. Munekawa, Yvonne Roncagliolo, Charles R. Shoemaker of SAN FRANCISCO, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �lrury, e+na• atrs t a"" ��"'v 156.7 ,^, E • �'?�� 1" • �;:` •� • %'�M+� .A'r •`~ f ' in rtvJ: • /•o1N1r• ��:;: tpT9�p• tei IpTp � •= I9l9 f Rrp`. _.. Via' 'tiriu �p .., r• • .. '.u•ot5' /nu•' •'�.��,. /14 - John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. yy 4 �`Nt �•Y Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 10th, 2018 Signed and sealed at the City of Hartford. 7t1 ,ttrs iu ,r�`i a Z+ , 1567 ! . 'o' * c- 1w_- . :,_ • l c: ~' '>>nrena,` • /•a11M� t,•:;tpT9�E t t 1D7p I9R9 a * 'er:�.. t:_�aaaN j�R . !•�t • �'`.'tii.ot5 4.tut' Y��i{ms�• •_ rJ ��v f�f -� Kevin Heckman, Assistant Vice President POA 9 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Ghilotti Bros., Inc. Contractor's Contact: Debbie Petersen Contact's Email: DebbieP@ghilottibros.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) & attachments to City 6/26/2018 ❑x HY Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 7/11/2018 ❑x LG and return to Project Manager 7/11/2018 ❑x LG b. Confirm insurance requirements, create Job on Project Manager PINS, send PINS insurance notice to contractor 3 Forward at least two originals of final agreement to 7/12/2018 ❑x HY Project Manager contractor for their signature When necessary, * contractor -signed agreement 4 ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑X HY Public Works Contract > $125,000 8/6/2018 Date of Council approval PRINT Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY 5 Forward signed original agreements to City 7/23/2018 X HY Attorney with printed copy of this routing form Review and approve hard copy of signed 31 Z� $- 6 City Attorney agreement 7 City Attorney Review and approve insurance in PINS and , and 12-0'�� (A/ bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and 'tel 9 City Clerk forwards copies to Project Manager 2 2 14' I --+V !)-. .,,.. Record Without Fee ~ When recorded mail• to: Far GC 27383 and ' 11,i-,t When recorded mail to: City of San Rafael Lindsay Lara, City Clerk 1400 Fifth A venue P. 0. Box 151560 San Rafael, CA 94915-1560 1111111 /llll lillllllll 1111111111 II/ii 1111111111 H/1!111111/lil 11111!11 2018-0040945 fi'ecorded Official Recc,ro:; Countyc,r l\l;erin liKHAfW N. BENSON A:.:i,e:,:-;c,r· fiecc,rtier County CJert jj:Q2AM 30·t,/ov•WjS I REC FEE I cor•JFc,RMED GJPY I ! MH f Page .i □f :Z SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: o.oo o.oo NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 16 th day of October, 2018 and accepted the 19 th day of November, 2018; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, 1400 Fifth Avenue, San Rafael, California, 94901, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows : G STREET IMPROVEMENTS -PHASE II PROJECT CITY PROJECT #11345 and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements now on file in the office of the Department of Public Works, and said plans and specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Ghilotti Bros., Inc. I declare under penalty of perjury that the foregoing is true and correct. ~-\-1-2CS Executed at San Rafael, California, on ~cv ~~ "L c:i , 20...1_§;, CITY OF SAN RAFAEL A Municipal Corporation By~~----Ljj__)_-=-- BILLGUERIN Director of Public W ork s » • .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIA COUNTY OF MARIN Subscribed and sworn to (or affirmed) before me on this lC\ day of Nove..oa, 'ae( , 20 \~, by Bill Ouerin 1 proved to me on the basis of satisfactory evidence to be the person(s) who , \ j ·, I appeared bef ~r~ me. , · •• I WITNESS {ny;~~d-~~i 6ffi¢ial seal. ': I •'..,I .,.~•:, .. ·,; .p•/ . f '" ~1"1 -···· · ---:-. ' ;:.~, • •:r:-: :~.:.~;• >" :. J: _' I ·/.. · ,·11\,\\ . . / ... ,. , S . ., \'· .. , ~ 1gnature ~ ·,· --< ·.· LINPSA¥"IiARA San Rafael City Clerk File: 16.01.287