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HomeMy WebLinkAboutPW ADA Curb Ramps 2008 ProjectCITY OF n. 1 Agenda Item No: 8 Meeting Date: January 5, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Wo ks V , 0 Prepared by. City Manager Approval: Director of Public Works (JD) File No. 16.01.246 SUBJECT: REPORT ON BID OPENING FOR THE 2008 ADA CURB RAMP PROJECT, PROJECT NO. 15006, AND RESOLUTION AWARDING THE CONTRACT TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $246,894.75 RECOMMENDATION: Adopt Resolution BACKGROUND: In August 2004, the City of San Rafael entered into a Settlement Agreement with the federal Department of Justice to address lack of compliance with the Americans with Disabilities Act (ADA) and related accessibility issues in City facilities and the public right-of-way. A portion of the agreement called for the City to construct curb ramps for each resurfacing project undertaken since 1992, and for all future resurfacing projects. Public Works has therefore identified a backlog of approximately 800 curb ramps, approximately 250 of which have been constructed since 2004. Public Works hired Harris & Associates to survey sites and prepare construction documents for this current project. Sixty-two (62) curb ramps are to be constructed. The City advertised the project in December 5, 2008 and opened bids on December 23, 2008. The federal Community Development Block Grant (CDBG) program will provide $300,000 of the project's total cost of $400,000. The General Fund will provide the $100,000 balance. Due to time restrictions on the federal funds, the contractor must complete construction and submit all invoices by March 31, 2009. FOR CITY CLERK ONLY File No.: � F f - LOCA x 13 -1 -1 Council Meeting: I'S -'20.0g Disposition: �CSD�y7tD� # r�63� SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 2 ANALYSIS: The Engineer's Estimate was $322,626.00. The bid from Ghilotti Brothers, Inc., $246,894.75, is the lowest conforming bid on this project. The following is a list of the Engineer's Estimate and the bids received: Engineer's Estimate $322,626.00 1. Ghilotti Bros., Inc. $246,894.75 2. Fieldstone Construction Co. $249,669.00 3. Maxicrete, Inc. $255,962.50 4. FBD Vanguard Construction, Inc. $258,752.00 5. Golden Bay Construction $277,650.75 6. Team Ghilotti, Inc. $291,148.48 7. Sposeto Engineering, Inc. $302,185.00 8. Michael Paul Company, Inc. $308,812.00 9. Ghilotti Construction Co. $313,326.00 10. Alaniz Construction, Inc. $322,207.00 11. W.R.Forde Associates $377,126.00 12. Coast Construction Inc. $382,026.00 13. North Bay Construction $381,625.00 Refer to the attached Bid Summary Sheet for complete details on Unit and Total Prices of Items. FISCAL IMPACT: The total projected cost for this project is as follows: Category -Eden Expense Code Amount Note(s) Desi n-01 $77,221.00 Harris & Associates Construction -02 $271,584.23 Includes 10% contingencies Construction Management -03 $0.00 In-house Soils Testing -05 $5,000.00 Consultant Supplies and Services -07 Construction Inspection -99 $46,194.77 Consultant Total Projected Cost $400,000.00 We request that the Council approve $400,000.00 for the project from the following funding source(s). Funding Source Amount Note(s) General Fund $100,000.00 Community Development Block Grant $300,000.00 Total Available Funds $400,000.00 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 OPTIONS: The City Council may reject all bids but staff does not recommend this option, since all 62 ramps have to be constructed prior to March 31, 2009 in order to receive full reimbursement from CDBG. ACTION tEQUIRED: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Brothers, Inc. for the amount of $246,894.75. Enclosures (2) 1. Bid Summary 2. 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O E ca. ao o C E E a E W" m U a 3 m E M U o ° rn o 14 u N WI uu n n Cy m cn D a n a o 2 o ca o o L N 7 7 7 7 �% .• U U. Q+ y U U U U o R C' E 'D G c7 [7 y c c7 ; y O c o o ¢ m U C7 4 0: p a d U n n n u o_ °_ o w o g u O u c u h y h o o E o O U °' y 7 U U a a a a u " ... o = u F. o (fy rn U ^ N C5 o p U m p o u v v v v v u o u u x o N o iv n n 7 •• o: 2 2 y 2 o J N a H ti> > n > ey 7 % •"' € CC 7 •® m y ayJ y y y rn en va ❑. y a' U w p O O 3 O « U O en Q u E 'C u v C O c O c O e O c E O c E O O c o O c O c O c O u O E O O E ^� O ,0 E d 7 c 7 o N E N O U U U U U r2 U W C U n U U U C7 c cn aC 0 F- U rx � A 5� 5 5 d d 4 ¢ 0. N crr h co O< a N t+5 V rnU N 00 O< O ^ N rn Jr c U F Z RESOLUTION NO. 12639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR 2008 ADA CURB RAMP PROJECT TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF $246,894.75 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 23rd day of December, 2008 pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "2008 ADA CURB RAMP PROJECT" PROJECT NO. 15006 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Brothers, Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Ghilotti Brothers, Inc. is hereby accepted at said unit prices and that the contract for said work is hereby awarded to Ghilotti Brothers, Inc. IT IS FURTHER ORDERED AND RESOLVED that the City Manager of said City be authorized and directed to execute a contract with Ghilotti Brothers, Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED, FURTHER, that the Council does hereby authorize the Interim Public Works Director to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5th day of January, 2009, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Heller, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Brockbank ESTHER C. BEIRNE, City Clerk File No. 16.01.246 City of San Rafael ♦ California Form of Contract Agreement for 2008 ADA CURB RAMPS, Project No: 15006 This Agreement is made and entered into this 5th day of January 2009 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: 2008 ADA Curb Ramps Project No: 15006, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within forty (40) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IV - 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 $1,000 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 ITEM UNIT EST UNITITEM NO. ITEM TY PRICE, $ TOTAL, $ 1 Traffic Control LS 1 13,301.00 13,301.00 2 Pedestrian Control and LS 1 12,400.00 12,400.00 Accessibility 3 Construct Case A Curb Ramp SF 945 11.00 10,395.00 4 Construct Case B Curb Ramp SF 260 11.75 3,055.00 5 Construct Case C Curb Ramp SF 7665 12.20 93,513.00 6 Construct Case G Curb Ramp SF 180 15.25 2,745.00 7 Construct Modified Case B Curb SF 1010 10.50 10,605.00 Ramp 8 Construct Modified Case C Curb SF 2680 13.25 35,510.00 Ramp 9 Construct Combination Case B SF 1275 12.00 15,300.00 and Case F Curb Ramp 10 Construct Type A Passageway SF 165 11.50 1,897.50 11 Construct Custom Curb Ramp SF 2075 12.00 24,900.00 12 Construct PCC Sidewalk SF 5 24.00 108.00 13 Reconstruct PCC Median SF 230 14.00 3,220.00 14 Remove and Replace Curb and LF 37 73.00 2,701.00 Gutter 15 Remove and Replace PCC SF 95 14.50 1,377.50 Sidewalk 16 Remove and Replace Valley SF 370 21.00 7,770.00 Gutter 17 Transition Vertical C&G to Rolled LF 26 67.00 1,742.00 Curb 18 Relocate Sign EA 3 225.00 675.00 19 Remove & Reset Sign EA 10 225.00 2,250.00 20 Install 12" Wide White Stripe LF 181 5.15 932.15 (Thermoplastic) 21 Install 12" Wide Yellow Stripe LF 204 5.15 1,050.60 (Thermoplastic) 22 Install Red Curb Paint LF 54 1.75 94.50 23 Install Yellow Curb Paint LF 30 1.75 52.50 24 Adjust Water Valve to Grade EA 2 130.00 260.00 25 Adjust Water Meter to Grade EA 1 140.00 140.00 26 Ad'ust Manhole to Grade EA 3 300.00 900.00 Grand 'Folal $246,894.7; AGREEMENT • 2 VI - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VII - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT 0 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: is-fk'e-e— G , 4�a ZOL,-. Esther C. Beirne City Clerk APPROVED AS TO FORM: y lot I ............ Robert F. Epstein City Attorney CITY OF SAN RAFAEL: r 4no off ..._ _ ..._ . City Man r CONTRACTOR: for 6MOTH OSIJ I' ' MICHAEL M. MOM PRESMENTMTASURER AGREEMENT • 4 Bond Executed in Duplicate FAITHFUL PERFORMANCE BOND Bond No 08936086 PUBLIC WORK (The premium charged on this bond is $ 1,839.00 being at the rate of %$100,000 @ 8.75/M per thousand of the contract price) Next $146,894.75 @ 6.56/M KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of San Rafael State of California, entered into a contract dated January 5th 2009 with Ghilotti Bros., Inc. hereinafter designated as the "Principal," for the work described as follows: 2008 ADA Curb Ramps, Project No. 15006 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto of San Rafael in the penal sum of Two Hundred Forty Six Thousand Eight Hundred Ninety Four & 75x/100 -- Dollars ($ 246,894.75 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the City of San Rafael its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise 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 or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 9th day of January 2009 PRF71001 CA0201 f Ghilotti Bros., Inc. By ell Michael M. Ghilotti, President/Treasurer Fidelity and Deposit Company of Maryland By wt1 I — Kelly Holt ann , Attorney -in -Fact � , 1 State of California County of Marin on January 12, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public (insert name and title of the officer) personally appeared Michael M. Ghilotti, Presidenffreasurer , who proved to me on the basis of satisfactory evidence to be the personks-rwhose name(wis/am subscribed to the within instrument and acknowledged to me that he/-shVthey executed the same in his1heWJ2eir authorized capacity(ies), and that by his/ -eMh& signaturq(0 on the instrument the person fps'), or the entity upon behalf of which the personX 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 m hand and official seal. "" THLEEN J.. FR�ECKHAUSY Corrs lss@on ;t m Notary Public . California a a° A Morin County sM MVComrn.E0esNov13,2010 Signature (Seal) ACKNOWLEDGMENT State of California County of _ __Marin On ,1/9/09 before me, J. DeLucayNotar _Public (insert name and title of the officer) personally appeared Kelly Holtemann who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ei subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in -MT/her"rauthorized capacity0es); and that byttisiher/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 0. * `'>. J. DELUCA D COMM. #1815054 tfF� NOTARY PUBLIC-CAUFORMA 0 M.RiN000NTY y Comm. Expires October 24. 2012 (Seal) Bond Executed in Duplicate 08936086 Bond No. Premium: Included PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas City of San Rafael has awarded to Ghilotti Bros., Inc. as Principal, a contract for the work described as follows: 2008 ADA Curb Ramps, Project No. 15006 AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the City of San Rafael in the amount required by law, the sum of Two Hundred Forty Six Thousand Eight Hundred Ninety Four & 75/100 -- Dollars ($246,894.75 ) for which payment well and truly be made we bind ourselves, our heirs executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001 CA0202f In witness Whereof, We have hereunto set our hand and seals this 9th day of January 2009 Ghilotti Bros., Inc. Principal ���„ �m m By. ,. ., ° o Michael M. nhilo ti, President/Treasurer Fidelity anXM-k-1 .t Company of Maryland By:, , — Kelly Holtemann , Attorney -In -Fact ACKNOWLEDGMENT State of California County of Marin on January 12, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public (insert name and title of the officer) personally appeared Michael M. Ghilotti, Presidenffreasurer , who proved to me on the basis of satisfactory evidence to be the personkwwhose namekwis/am subscribed to the within instrument and acknowledged to me that he/shlWthey executed the same in histhedtheir authorized capacityoerg), and that by his/FSUT/th& signature;W on the instrument the person, or the entity upon behalf of which the personf,,b'jacted, 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 KATHLEEN J. FREW ECKHAUS Commission # 1 704510 Notary Public - California Marin County My Comm. Expires Nov 13„ 2010 (Seal) ACKNOWLEDGMENT State of California County of Marin On 1/9/09_ before me, _ J. DeLuca,_Notary_Pub lic (insert name and title of the officer) personally appeared Kelly Holtemann___ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/aFe subscribed to the within instrument and acknowledged to me that I re/she/lhe)r executed the same in rttts/herAlTeirauthorized capacity(iesr and that bytr cher/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 ;lam J. DELUCA D 1-�•�,, comm. #1815054 NOTARY PUBLIC—CALIFORNIA 0 \c'•>•: r %.:.i MARIN COUNTY (Seal) My Comm. EI¢ims October 24, 2012 '' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t a reof, does hereby nominate, constitute and appoint Kelly HOLTEMANN and Joan DEL r , California, EACH its true and lawful agent and Attorney -in -Fact, to make, execu o as surety, and as its act and deed: any and all bonds and undertakin n o ertakings in pursuance of these w7presents, shall be as binding upon said Co , a 1 )' and purposes, as if they had been duly executed and acknowledged b d panyat its office in Baltimore, Md., in their own proper persons. This t e r3"'ehalf of Kelly HOLTEMANN, dated August 30, 2007. The said Assistant Section 2, of the By - mat the extract set forth on the reverse side hereof is a true copy of Article VI, , and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2007. ATTEST: 'gyp DEPOS W IML State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary Lo Theodore G. Martinez On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. n POA -F 016-0949G Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." L4q ;1 :4 110 W_ I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed .he corporate seal of the said Company, this 9th day of January 2009 9 Assistant Secretary A CORDCERTIFICAI OF LIABILITY INSURANOP ID SD DATE (MM/DD/YYY) I _ GHILO-1 01/09/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPE OF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Phone: 707-782-9200 Fax: 707-782-9300 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Natl Fire Ins. Co. of Hartford 20478 INSURER B: Transportation Ins. Co. 20494 X INSURER C: Continental Casualty Company 20443 Ghilotti Bros., Inc. INSURER D: Zurich American Ins Co of Ill 525 Jacoby Street San Rafael CA 94901 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMM LTR AUU'� NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YYION LIMITS San Rafael, CA 94915 GENERAL LIABILITY EACH OCCURRENCE s2,000,000 A X X COMMERCIAL GENERAL LIABILITY GL2 0 98131032 10/01/08 10/01/09 lEe occurence) $100,000 CLAIMS MADE FX] OCCUR -PREMISES MED EXP (Any one person) $ 5,000 PERSONAL BADV INJURY $ 2,000,000 X Brd Form PD $10,000 PO DED - PER OCC X Cntrctl/XCU Incl. GENERAL AGGREGATE s4,000,000 INDEP. CONTRACTORS INCL. GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X jE 0 LOC Em 1 Liab 1,000,000 B AUTOMOBILE X LIABILITYCOMBINED ANY AUTO BUA2087746336 10/01/08 10/01/09 SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ X Ded. $1000 APD GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ ANY AUTO EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 C X I OCCUR EICLAIMSMADE L209BO41315 10/01/08 10/01/09 AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND X TORY LIMITS ER D EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? WC427761402 10/01/08 10/01/09 E,L EACH ACCIDENT $ 1,000,000 E DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. JOB: 2008 ADA Curb Ramps, Project #15006, GBI #08438 *Ten day notice would be sent on non payment. **its elective & appointive Boards, Commissions, Officers,Agents & Employees 30*XG140331A99 CERTIFICATE HOLDER CANCELLATION SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EN91RAVeRi0 MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT AlhURET898-888HAL-L City of San Rafael Dept. of Public Works Pie 46 URER UPS OR - P.O. Box 151560 AU IZED RESE E San Rafael, CA 94915 ACORD 25 (2001/08) t— —� `^"� uK1'AZ8RD CORPORATION 1988 G -140331-A99 (Ed. 10/1) CNA For All Commitments You Make* Named Insured: Ghilotti Bros., Inc. Policy No. GL2098131032 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1.OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: City of San Rafael, its elective and appointive boards, 2008 ADA Curb Ramp Project commissions, officers, agents & employees Project #]5006 GBI #08438 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and G -140331-A99 (Ed. 10/01) G -140331-A99 (Ed. 10/1) b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G -140331-A99 (Ed. 10/01) CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. O FROM DEPARTMENT: Stephen Castaldo (JD) Public Works DATE: 12/29/08 TITLE OF DOCUMENT: DATE OF MEETING: 1/5/09 REPORT ON BID OPENING ON DECEMBER 23, 2008 FOR THE 2008 ADA CURB RAMP PROJECT, PROJECT NO. 15006, AND RESOLUTION AWARDING THE CONTRACT TO GHILQTTI BROTHERS, INC., IN THE AMOUNT OF $246,894.75 Deparfinent"Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPRC/ RM AGE DA TEM: .% City Nhkager (signature) City Attorn (ignature) NOT APPROVED REMARKS: File No.: 16.01.246