HomeMy WebLinkAboutPW Jacoby Street Pothole Repairs ProjectCITY OF SAN RAFAEL
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
Public Works Contract for Projects up to $200,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Ghilotti Bros., Inc. ("Contractor"), a c poration, for work on the City's Jacoby Street Pothole Repairs
("Project"), and is effective on
200�?ffective Date").
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms
and conditions of this Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or
are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This
Project requires a valid California contractor's license for the following classification(s): C-12
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Notice Inviting Bids;
2.2 Contract;
2.3 Addenda, if any:
2.4 Exhibit A — Scope of Work;
2.5 Exhibit B — Payment. Performance, and Bid Bonds:
2.6 Exhibit C — Noncollusion Declaration;
2.7 Exhibit D — Bid Schedule;
2.8 Exhibit E — Subcontractor List.
3. Contract Price. As full and complete compensation for Contractor's timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City
will pay Contractor $59,977.85 (the "Contract Price") for all of Contractor's direct and indirect costs to
perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all
overhead costs, in accordance with the payment provisions contained herein.
3.1 Payment. Contractor must submit an invoice on the first day of each month during the
Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the
preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor
warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of
any claims, liens, or encumbrances upon payment to Contractor.
3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor
must provide City with a payment bond and a performance bond using the bond forms included in this
Contract as Exhibit B. Bond Forms, and submit the bonds with the executed Contract. Each bond must
be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent,
Contractor must provide a substitute bond from a surety acceptable to City within seven days after written
notice frorn City. If Contractor fails to substitute an acceptable surety within the specified time, City may,
in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
Jacoby Street Pothole Repairs
City Project #: 11432-02 Up to $200,000 Contract
Approved by City Attorney, dated 03/28/2022 Page 1
4. Time for Completion. Contractor will fully complete the Work within 6 months from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay
in completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers (the "Indemnitees") from and against any and all liability, demands, loss, damage, claims,
settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and
costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with the
acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing
the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability
caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This
indemnification obligation is not limited by any limitation on the amount or type of damages or
compensation payable under Workers' Compensation or other employee benefit acts, or by insurance
coverage limits, and will survive the expiration or early termination of this Contract. City will notify
Contractor of any third -party claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A-VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self -insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
Jacoby Street Pothole Repairs Up to $200,000 Contract
City Project #: 11432-02 Page 2
Approved by City Attorney, dated 03/28/2022
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for all
liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
Jacoby Street Pothole Repairs Up to $200,000 Contract
City Project #: 11432-02 Page 3
Approved by City Attorney, dated 03/28/2022
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
Public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice, -
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14• Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
Jacoby Street Pothole Repairs
City Project #: 11432-02 Up to $200,000 Contract
Approved by City Attorney, dated 03/28/2022 Page 4
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
Jacoby Street Pothole Repairs Up to $200,000 Contract
City Project #: 11432-02 Page 5
Approved by City Attorney, dated 03/28/2022
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address:
111 Morphew Street
City/State/Zip
San Rafael, CA 94901
Phone:
(415) 256-5501
Attn:
Sage Crosby, Junior Engineer
Email:
Sage. CrosbV65�cityofsanrafael.org
Contractor:
Name: Ghilotti Bros., Inc.
Address: 525 Jacoby Street
City/State/Zip: San Rafael, CA 94901
Phone: (415)454-7011
Attn: Gwen Mayer
Email: gwenm@gbi1914.com
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
Jacoby Street Pothole Repairs Up to $200,000 Contract
City Project #: 11432-02 Page 6
Approved by City Attorney, dated 03/28/2022
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
[Signatures are on the following page.]
Jacoby Street Pothole Repairs
City Project #: 11432-02
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Page 7
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approve�s tq/ rm: J
sl zoe2isl (L), &L
APR MILLER, Director of Public Works ROBERT,, F)EPST N, City Attorney
2 Date: ®//// 23 Date:
Attest:s/ X.
/
;r LINDSAY LA , City Jerk
Date:
CONTRACTOR:I oth 101. 1. I h G-
Business Name
s/ Seal:
Q �ebiAw�-
Name/Title
Date:
s/
12i28x,P Z- i Z3
Contractor's California License Number(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
Jacoby Street Pothole Repairs
City Project #: 11432-02
END OF CONTRACT
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Page 8
Jacoby Street Pothole Repairs
City Project #: 11432-02
Exhibit A
SCOPE OF WORK
Up to $200,000 Contract
Scope of Work
Approved by City Attorney, dated 03/28/2022
MRO-T T I goo
KVS MRAFI
Exhibit A
General Engineering Contractors — Excavating, Paving, Grading, Concrete. Underground
525 JACOBY STREET • SAN RAFAEL, CA 94901 • TELEPHONE (415) 454-7011 • Fax (415) 454-8376
STATE CONTRACTORS LICENSE# 132128
PROPOSAL
Proposal Submitted to: City of San Rafael
Date: 09-28-2023
Attention: April Miller
Phone: 415-485-3409
Address: Jacoby Street, San Rafael, CA 94901
Job Name: Paving Jacoby Street Job Location: Jacoby Street, San Rafael
Email Address: saee.Crosby a.cityofsanrafael.ore
ar)ril.millera,cityofsanrafael.oriz
The scope of work and conditions are as follows: Site Work as follows:
1.Mill out 4" of the worst locations on Jacoby Street.
2. Pave back 4" ''/2" asphalt.
3. The paving will be 8,350 sqft.
1. EXCLUSIONS: This contract does not include, and Contractor shall not be responsible for: fees; permits; engineering; testing;
layout; disposal of hazardous materials; re -testing; bonds; licenses; items not specifically mentioned in this proposal; responsibility
for having the area free from parked cars on days of our operations; if tree roots are encountered within our grade they will be
scratched down only to the extent that they are in the new grade of improvement, Ghilotti Bros. assumes no responsibility of any
damage to the trees; any tree root over 3 inches in diameter shall be removed on a rental time & material basis;
2. Construction staking, SWPPP, surveying, material testing, layout, permits, fees, bond premiums, and quality control
requirements.
3. Abatement Survey
4. Handling or off -hauling of Hazardous Materials.
5. Handling or off -hauling of buried unsuitable material or debris.
6. Supply of underground pipe not included in pricing due to market volatility. GBI can provide a budget price if requested.
7. Exclude Traffic light pole & foundation removal.
8. Off haul of any spoils generated by others.
9. Excavating and/or processing of hard rock. Hard rock to be defined as any material that cannot be ripped with a Caterpillar D6
Dozer or cannot be dug with a Caterpillar 320 excavator.
10. Building footing structural excavation or backfill; drain rock; vapor barrier; or sand under buildings.
11. Stabilizing over optimum, wet or yielding soils by means of heavy ripping, sub excavation, stabilization fabric, lime treatment,
etc.
12. Installing temporary fencing for jobsite & trees.
13. Dewatering.
14. Installing, maintaining or removal of bracing, shoring or underpinning.
15. All irrigation and landscaping.
16. Importing of planting soil/topsoil.
17. Soil sterilant or rodent control.
18. Prime coat and/or pavement seal coat.
19. Backfilling of planters & concrete flatwork verticals.
Pagel of4
i X
OVRR 100 YEARS General Engineering Contractors - Excavating, Paving, Grading, Concrete, Underground
525 JACOBY STREET • SAN RAFAEL, CA 94901 • TELEPHONE (415) 454-7011 • Fax (415) 454-8376
STATE CONTRACTORS LICENSE# 132128
20. Electrical and Joint Trench.
21. Landscape header boards
22. Relocating of existing utilities. It is assumed at all new underground improvements are free of conflicts with existing utilities
including streetlights, signal poles and electrical conduits.
23. Fire Marshal Drawings
24. Water meters, or bypass water meters.
25. Backflow and/or check valve certification other than by manufacturer.
26. Final sanitary sewer, fire water, domestic water, joint trench and rainwater leader connections to home. We will only bring
these utilities to within 5' of the new building.
27. Drainage inlet filters such as fossil filters.
28. Striping, parking bumpers & signage.
29. All overtime, plant premiums and inefficiency costs that may be associated with schedule acceleration.
30. Work in Inclement Weather.
31. Abandonment or removal of: septic tank, leach field, cesspools, cisterns.
32. Import/Export
33. Trench stabilization measures
34. Regrading of finished areas.
35. Work in areas that are either obstructed or not acceptable for equipment.
36. Shrinkage crack moisture conditioning and closure.
37. Moisture condition below 6" of subgrade.
38. Waterproof or moisture barriers for retaining walls.
39. Redistribution of topsoil/stockpiled strippings.
40. Pavement edge treatment or concrete edge moisture barrier including all moisture barriers and edge drains.
41. Concrete Color/Additives.
42. Trash pad enclosure and related concrete pads.
43. Fencing of tree drip lines or tree protection. Hand excavation under tree drip lines.
44. Tree pruning, canopying, or trimming.
45. Arborist
46. Termite Control.
47. Protection of wetlands
48. Concrete Moisture barrier.
49. Tamper -proof switches on P.I.V.
50. Rainwater leaders.
51. Roof Drain hookups.
52. Barricades, bollards, and guard rails.
Special Conditions:
1. GBI will have complete and unimpeded access to our entire work area.
2. We may withdraw this proposal or adjust the cost within 30 days.
3. We will provide dust control for our scope of work only on days that we are working on -site.
4. We will work only when the site is sufficiently dry to work productively using standard construction methods.
5. We have included one mobilization in our proposal. Any additional mobilizations to be negotiated as required.
Page 2 of 4
I X
OVER 100 YEgRs General Engineering Contractors — Excavating, Paving, Grading, Concrete, Underground
525 JACOBY STREET • SAN RAFAEL, CA 94901 • TELEPHONE (415) 454-7011 • Fax (415) 454-8376
STATE CONTRACTORS LICENSE# 132128
6. Work based upon standard 8-hour work shifts. Project schedule to be mutually agreeable to both parties.
7. Price is contingent on the final plans and or permit requirements..
8. This proposal is based on the use of hydrant water for construction, no reclaimed or imported water costs have been included.
9. Unknown conflicts with existing utilities, where offsets are required, will be done on a time and material basis.
10. The AC Paving will be installed complete in one continuous operation. We do not include costs for a construction lift followed
by the finish lift.
11. Our pricing is based on current asphalt, aggregate and cement pricing.
12. GBI will have the ability to bill & be paid for increased material pricing during the duration of the project.
(Other):
DISCLAIMER OF RESPONSIBILITY: Engineering design; Adequacy of existing subgrade, base or pavements; Removal & replacement
of unsuitable subgrade material, any unsuitable material to be removed and replaced shall be on a rental time and material basis;
Concrete or pavement settlement, cracks, or discoloration of concrete or asphalt; Damage to underground facilities, moving or
relocating existing utility lines that may interfere with the placement of new work, any work required to be done on a rental time &
material basis. Note: The drainage pattern that you have after this work will be essentially the same pattern as you have now. If
resurfacing pavement and the pavement area does not drain properly now, it will probably not drain properly after the pavement
repairs and resurfacing, any asphalt pavement surface with less than 2% cross slope will most likely have bird baths or water
standing. Additional fees will apply if existing asphalt to be removed contains Petromat or other fabric interlayer membranes, or any
concrete is thicker than 6 inches thick or contains steel or wire mesh; please be advised that concrete can crack after installation;
We hereby propose to furnish material and labor limited to the above work for the sum of: $59,977.85
Payment to be made as follows: $1,000 upon signing of contract; 100% balance upon completion of our work as invoiced.
If project requires longer than 30 days to complete, Progress payments shall be made for 100% of the work performed during that
30-day period as evidenced by invoice.
This proposal is subject to our approval of financial arrangements or funds set aside.
In the event that it becomes necessary for Contractor, by lien or other action, to enforce collection of any amount payable by Buyer
hereunder, Buyer agrees to pay Contractor all expenses, including interest and attorney's fees, incurred in the institution and
prosecution of such action. Invoices are due and payable when rendered. If, after a period of 30 days, said invoice remains unpaid,
a Service Charge will be added to the unpaid balance at the rate of 1.5% per month (Annual Percentage Rate 18%) from the date of
invoice until paid.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.
Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will
become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our
control. Our workers are fully covered by Worker's Compensation Insurance, and we carry current General Liability Insurance. A
two -week process of contract and planning before work is started, unless otherwise agreed.
Page 3 of4
ES�tl
AEL
General Engineering Contractors — Excavating, Paving, Grading, Concrete, Underground
525 JACOBY STREET • SAN RAFAEL, CA 94901 • TELEPHONE (415) 454-7011 • Fax (415) 454-8376
STATE CONTRACTORS LICENSE# 132128
Matt Valceschini
Date: 09-28-2023
ACCEPTANCE OF PROPOSAL: If the above prices, terms and conditions are satisfactory please contact Matt Valceschini at
mattv9Rbi1914.com or (415)722-0037 (cell) and a contract will be issued for this project.
Signatu
Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning the
responsibilities of a contractor may be referred to the Registrar of the Board: Contractors' State License Board, 9835 Goethe Road,
Sacramento, CA (P.O. Box 26000, Sacramento, CA 95826), or www.cslb.ca.gov
over-109 years- Farr ay awned.
Page 4 of 4
Exhibit B
BONDFORMS
Required for contracts over $25, 000.
Jacoby Street Pothole Repairs
City Project #: 11432-02
Up to $200,000 Contract
Bond Forms
Approved by City Attorney, dated 03/28/2022
Bond Executed in Duplicate
Bond No: 576CSJB4278
Payment Bond
Premium: Included
City of San Rafael ("City") and Ghilotti Bros., Inc. ("Contractor") have entered into a contract,
dated 20_ ("Contract") for work on the Jacoby Street Pothole Repairs
("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
1. General. Under this Bond, Contractor as principal and Hartford Fire Insuranr_.e Comnanv
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ 59.977.85` . under California Civil Code sections 9550, et seq.
"Fifty Nine Thousand Nine Hundred Seventy Seven & 85/100 ---
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of Contractor and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 9100, so as to give a right of action to those persons or their assigns in
any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond
upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn:
Keith Lovitt
Address:
One Pointe Drive. 6th Floor
City/State/Zip:
Rraa A g9R91
Phone:
(469) 287-1022
Fax.
(866) 780-9956
Email
Keith. Lovitt(cDth eha rtford.r_.om
6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
Jacoby Street Pothole Repairs
City Project #: 11432-02
Up to $200,000 Contract
Payment Bond
Approved by City Attorney, dated 03/28/2022
7. Effective Date; Execution. This Bond is entered into and is effective on Oct 19th ,
2023. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Hartford Fire Insurance Company
Business Name
sl +C L' � .
Kelly Holtemann, Attornev-In-Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Ghilotti Bros., Inc.
Business Name
J I
p
MWA
i< . .� i01PRi�
Michael M. Ghilotti, President
Name/Title
s/
David Cantor, P.E.. Chief Estimator
Name/Title
APPROVED BY CITY:
i
s/
ROBE T F':-EPSTEIN, C;ty Attorney
l�
Jacoby Street Pothole Repairs
City Project #: 11432-02
END OF PAYMENT BOND
Approved by City Attorney, dated 03/28/2022
Date
Up to $200,000 Contract
Payment Bond
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
On 10/20/23 before me, Natalia Kataoka, Notary Public
(insert name and title of the officer)
personally appeared David Cantor
who proved to me on the basis ot sa Is ac ory 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, 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.
NATALIA KATAOKA
Notary Public • CaliforniaWITNESS
my hand and official seal.
_ MarinCounty
*my
/D n
Commission ; 23095b2
Comm. Expires Oct 20, 2023
Signature
(Seal)
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
On 10/20/23 before me, Natalia Kataoka, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti
who proved to me on the basis ot satisfactory evl ence o e the person(s) whose names 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, 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.
Sign
(Seal)
amy
NATALIA KATAOKA
Notary Public • CaliforniaMarin CountyCommission ; 2309562
Comm. Expires Oct 20, 2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:r.,�c�x�cc.�ccc�crr�,cocry.Gr,�cair,�cc�,cc,�c�ccrcrc�,�ctxcrcrtss�.ceer,�.cecr,,�r,�c,��;���c.<tc��c�,ac�
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 ( ( A- �1�1� -2 i� L before me,
Date
personally appeared
J. DeLuca, Notary Public
Here Insert Name and Title of the Officer
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
IiWher/their authorized capacity(ies), and that by i}is/her/theiF signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
" r J. DELUCA
Notary Public • California
Marin County
:t Commission # 2338744 - Signature
+u.o
�.� My Comm. Expires Nov 27, 2024 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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual Attorne ' act
❑ Trustee ian or Conservator
❑ Other:
Signer I presenting:
+Srner's Name: _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Direct Inquiries/Claims to:
THE HARTFORD
POWER
OF
ATTORNEY
BON
One Hartford Plaza
Connecticut
Hartford, Connecticut 06155
Bond. Claims(n)thehartford.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
XO Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut
O Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe 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, Patrick R Diebel, Andrew S.
Holloway, Kelly Holtemann, Thomas E. Hughes, Mark M. Munekawa, Zachary V. Overbay,
Christina Parsons, Rossio Polio, Karen Rhodes, Yvonne Roncagliolo, Charles R.
Shoemaker, Valerie Takeuchi , Peter Tam 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(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 23, 2016 the Companies
have caused these presents to be signed by its Assistant 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.
-`c.wiri � unD r cc �.w
_ f Y �-�y/-y ` :.ar.vur, � ♦ 9 E r ..t '�,� i 3�<�"'� ,'; _ ` �r. ecoeaur '.
+.r ( \ �•+.runN••� a,•w ': ID7o :IG79i Si
* ~�\,�.n•��` •i• . •� ./ } ems,' cr•o.+ arnr• - I
Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA
Ss. Lake Mary
COUNTY OF SEMINOLE
Joelle L LaPierre. Assistant Vice President
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that
(s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)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 (s)he signed his/her name thereto by like authority.
e; Jessica Ciccone
My Commission HH 122280
Expires June 20, 2025
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 October 19th, 2023
Signed and sealed in Lake Mary, Florida.
rylYi� (AA
.,-- ; s e�• _ - S - � •
♦ C/ S r'aur• - tD79 7979
Keith D. Dozois, Assistant Vice President
Bond Executed in Duplicate
Bond No: 57BCSJB4278
Performance Bond Premium: $425
City of San Rafael ("City") and Ghilotti Bros., Inc. ("Contractor") have entered into a contract, dated
120 ("Contract") for work on the Jacoby Street Pothole Repairs ("Project").
The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and Hartford Fire Insurance Comoanv . its
surety ("Surety"), are bound to City as obligee for an amount not less than $ 77..85*
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond. *Fifty Nine Thousand Nine Hundred Seventy Seven & 85/100 ---
Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
Jacoby Street Pothole Repairs Up to $200,000 Contract
City Project #: 11432-02 Performance Bond
Approved by City Attorney, dated 03/28/2022
Attn: Keith Lovitt
Address: One Pointe Drive. 6th Floor
City/State/Zip: Brea CA 92821
Phone: (469) 287-1022
Fax: (866)780-9956
Email Keith. Lovitt(o thehartford.com
7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be
responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond.
8. Effective Date; Execution. This Bond is entered into and effective on October 19th,
2023 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Hartford Fire Insurance Company
Business Name
s/ - -f C -6
Kelly Holtemann. Atinmev-In-Fart
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
s/
Ghilotti Bros., Inc.
Business Name
Michael M. Ghilotti, President
Name/Title
s/
David Cantor. P.E.. Chief Estimator
Name/Title
APPROV D BY CITY:
s/
ROBERT 91PSTF-IN, ty Attorney Date
END OF PERFORMANCE BOND
Jacoby Street Pothole Repairs
City Project #: 11432-02
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Performance Bond
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 )
On 10/20/23 before me, Natalia Kataoka, Notary Public
(insert name and title of the officer)
personally appeared David Cantor
who proved to me on the basis of sa Is actory evl ence to be the person(s) whose names 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, 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
Signature
(Seal)
NATALIA KATAOKA
Notary Public - California
r1D.•L- = Marin County 1z
z Commission ; 2309562
a•"''`My Comm. Expires Oct 20, 2023
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
On 10/20/23 before me, Natalia Kataoka, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti
who proved to me on the basis of sates ac ory 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, 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.
NATALIA KATAOKA
WITNESS m hand and official seal.
Notary Public - California
y Marin County >
. .
Commission # 2
Oct 20,
• �•'� My Comm. Expires Oct 202023
Signature
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:c�:.�rc��rac�cr,�c�eeca�c,��.cr.�e�r.�crcc,�,�n�ccc,cr.�rirr,�cccs�cac�c.�r,�r,��c c�.�ca:s>G��ac�c
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 (;)L_t.' M _ 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(&) whose name(s) Were -
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
l,vWher/their authorized capacity(ies), and that by l%WherAlei- signature(e) on the instrument the person(e),
or the entity upon behalf of which the person(s) acted, executed the instrument.
J. DELUCA
Notary Public
- California
Marin County
Commission # 2338744
`t My
Comm, Expires Nov 27, 2024
Place Notary Seal Above
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
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:
Number of Pages:
Document D
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorne act
❑ Trustee I-1 ian or Conservator
❑ Other:
Signer I presenting:
miner's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
it,Y:GSX.`C2C)4t.`4•"t.K :t?C.(J4>(.'C:GR.Yet.`�tX:L`�%C�%CJC:t.`S:t?SiC.`C:6`SiG)S�CJG4`4'C.`SeC7�%t.'�JX;,<JS�(74%C>�%�J�.%r.`C%t.`�%CJ4:lJL()u.'C%U�;t."�%(^SILKX>�%G'S'<.`L%gE�VS%�.`�
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Direct Inquiries/Claims to:
THE HARTFORD
POWER
OF
ATTORNEY
BONnectic
One Hartford Plaza
Hartford, Connecticut 06155
Bond.0 laimsC&thehartford.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 ofthe State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana
O Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe 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, Patrick R Diebel, Andrew S.
Holloway, Kelly Holtemann, Thomas E. Hughes, Mark M. Munekawa, Zachary V. Overbay,
Christina Parsons, Rossio Polio, Karen Rhodes, Yvonne Roncagliolo, Charles R.
Shoemaker, Valerie Takeuchi , Peter Tam 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(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 23, 2016 the Companies
have caused these presents to be signed by its Assistant 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.
.aJ'r Wy tp�•4 pun �•-•us,,�, .sN� �Myt.
s �ir,� 1 .. '�',:a«•vuV ; ♦0 � r !!!! ,�n•r0 _ =�': s/`"`O��rrO ,.
� gg � rev � • • 3 �- gI •
�� .i ,�+.•utK �.,=,••1•M• ��, �070•,� t�T9` '3\ Al
• � �t+s.�:: �<; -�� ��ri : ••�• 7ZZY// • 1 - rung �•,►wa•' \\\•n'�•6�
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President
STATE OF FLORIDA
ss. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that
(s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)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 (s)he signed his/her name thereto by like authority.
Jessica Ciccone
My Commission HH 122280
Expires June 20, 2025
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 October 19th, 2023
Signed and sealed in Lake Mary, Florida.
�TMyy � `tu^• , t••tr� ,•fi IRSU� �yC. s•y`. ��t
r~ :•t«•rtgri ' � t 0 ♦! > ~ // �Y•••Ys _ ? ad^•rZ. • f ,"`odo••n "
9 �� rasa _ � � S � • ); 3 t� .a •
4r ` �ti..rnrwa+' •.raM►� ��i tYTO•te :,itY70�21{,` 79T0
• t� �•a_� �`�'...N'•,• ��h-. ••�t • `'ttnory 4MY.• Vy
Keith D Dozois, Assistant Vice President
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares
I am the [title] of _
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on _ [date], at
[city], [state]
s!
Name [print]
Jacoby Street Pothole Repairs
City Project #: 11432-02
END OF NONCOLLUSION DECLARATION
Up to $200,000 Contract
Noncollusion Declaration
Approved by City Attorney, dated 3/28/2022
Exhibit D
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
TOTAL BASE BID: Items 1 through inclusive
Note: The amount entered as the `Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
Jacoby Street Pothole Repairs Up to $200,000 Contract
City Project #: 11432-02 Bid Schedule
Approved by City Attorney, dated 3/28/2022
This Bid Proposal is hereby submitted on
s/
s/
Company Name
Address
City, State, Zip
Contact Name
20_
Name and Title
Name and Title
License #, Expiration Date, and Classification
DIR Registration #
Phone
Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum: Date Received Addendum: Date Received
#01 #05
#02 #06
#03 #07
#04 #08
Jacoby Street Pothole Repairs
City Project #: 11432-02
END OF BID SCHEDULE
Up to $200,000 Contract
Bid Schedule
Approved by City Attorney, dated 3/28/2022
Exhibit E
SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 %
of the bidder's total Contract Price, I the bidder must list a description of the Work, the name of the
Subcontractor, its California contractor license number, the location of its place of business, its DIR
registration number, and the portion of the Work that the Subcontractor is performing based on a
percentage of the Base Bid price.
DESCRIPTION
OF WORK
SUBCONTRACTOR I CALIFORNIA
NAME CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG. NO.
PERCENT
OF
WORK
END OF SUBCONTRACTOR LIST
For street or highway construction this requirement applies to any subcontract of $10,000 or more.
Jacoby Street Pothole Repairs
City Project #: 11432-02
Up to $200,000 Contract
Subcontractor List
Approved by City Attorney, dated 3/28/2022
hP� RAFq�!
61
2
y0
y
y WITH A' \
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: Nataly Torres (for Sage Crosby) Extension: 3353
Contractor Name: Ghilotti Bros. Inc.
Contractor's Contact: Gwen Mayer Contact's Email: gwenm@gbi1914.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE DESCRIPTION
COMPLETED
T REVIEWER
DEPARTMENT
Project Manager a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
10/12/2023
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X NT
2 City Attorney
a. Review, revise, and comment on draft agreement
10/12/2023
and return to Project Manager
10/12/2023
X❑ NT
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
0 NT
3 Department Director
10/12/2023
Approval of final agreement form to send to
❑X AM
contractor
4 Project Manager
Forward three (3) originals of final agreement to
10/16/2023
contractor for their signature
When necessary, contractor -signed agreement
5 Project Manager
0 N/A
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click Here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
10/24/2023
NT
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
/
City Attorney
agreement
Review and approve insurance in PINS , and bonds
8
V "
(for Public Works Contracts)�771
9
City Manager / Mayor
Agreement executed by City Council authorized
City Clerk
official
10
Attest signatures, retains original agreement and
`
NOV
forwards copies to Project Manager