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HomeMy WebLinkAboutPW Deep Lift Asphault Repairs 2008 Project-rr aF Agenda Item No: 15 n, Meeting Date: March 16, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public / Prepared by- ' City Manager Approval: rks Lilo Nn 14 04 71) SUBJECT: REPORT OF BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR DEEP LIFT ASPHALT REPAIRS 2008/2009, PROJECT NO. 11132, TO GHILOTTI BROS., INC., IN THE AMOUNT OF $89,700. RECOMMENDATION: Adopt resolution. BACKGROUND: The Deep Lift Asphalt Repairs 2008/2009 project targets three collector and two arterial streets throughout the City of San Rafael for repairs. The streets to be repaired are: Kerner Boulevard from Bellam Boulevard to Canal Street, Knight Drive from Alderwood Way to the end, Las Gallinas Avenue from Montevideo Way to Lucas Valley Road, and Smith Ranch Road from the southbound Highway 101 on-ramp to Silveira Parkway. Bids for Deep Lift Asphalt Repairs 2008/2009 were opened on March 12, 2009. ANALYSIS: The City expects to receive $989,000 from the President's Economic Stimulus Program, which will be spent on a street resurfacing project that is currently at Caltrans awaiting approval to proceed. There are constraints on the Economic Stimulus money such as having to award the project within 75 days and that the money can only be spent on arterial or collector streets. In order to comply with the requirements, Caltrans has requested that the projects be streamlined in order for them to review the projects coming to them from all of the cities and counties in their districts within the time constraints. In order to streamline the Caltrans review process, two projects were put out to bid to prepare for the street resurfacing project. This project, formally bid, will repair the street failures and another project "Street Resurfacing 08/09 — ADA Curb Ramps", informally bid with bids opening on March 18, 2009, will construct the ADA required curb ramps on the two arterial and two FOR CITY CLERK ONLY File No. Li —/_6U4 Council Meeting: Z 11(oto9 Disposition: Pt5sa_U rt Orth —4-f9_644- SAN RAFAEL CITY COUNCIL, AGENDA REPORT / Page: 2 collector streets. These two projects have been submitted to Caltrans for informational purposes only since they will be funded with local funds and will not require Caltrans oversight. The following is a list of the Engineer's Estimate and the bids received: Engineer's Estimate $100.000 1. Ghilotti Bros., Inc. $ 89,700 2. G.D. Nielson Construction, Inc. $121,292 3. Ghilotti Construction Company $127,540 4. W.R. Forde Associates $129,080 5. W.K. Mc Lellan Co., Inc. $149,800 6. Maggiora & Ghilotti, Inc. $158,441 7. Team Ghilotti, Inc. $163,450 8. J.A. Gonsalves & Son Construction, Inc. $170,420 Refer to the attached Bid Summary Sheet for complete details on Unit and Total Prices of Items. FISCAL IMPACT: The total proiected cost for this proiect is as follows: Category -Eden Expense Code Amount Note(s) Design -01 In-house. Construction -02 $98,670 Lowest bid, includes 10% contingency Construction Management -03 Land Acquisition -04 Site Testing -05 Furniture and Equipment -06 Supplies and Services -07 Personnel -08 Construction Inspection -99 $18,700 Contract Inspector Total Projected Cost $117,370 We request that the Council approve $180,000.00 for the project, from the following funding source(s): Source Amount Note(s) Proposition 1 B $180,000.00 08-09 Allocation Total Available Funds $180,000.00 OPTIONS: The Engineer's Estimate was $100,000. Ghilotti Bros., Inc. with a bid of $89,700 is the lowest and responsible bidder for this project. The City Council may reject all bids, but staff does not recommend this option, since the bids reviewed are very competitive and well within current construction costs. ACTION REQUIRED: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Bros., Inc. in the amount of $89,700. Enclosures (2) 1. Bid Summary 2. Resolution City of San Rafael • California Form of Contract Agreement for Deep Lift Asphalt Repairs 2008/2009 Project No: 11132 This Agreement is made and entered into this 16th day of March 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: Deep Lift Asphalt Repairs 2008/2009, Project No. 11132, 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. The liability insurance provided to the City by contractor under this Agreement shall be primary and excess of any other insurance available to the City. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 15 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $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. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT 0 1 ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE NO. 1. Mobilization 2. Traffic Control 3. Deep Lift Pavement Patching GRAND TOTAL BID V - Progress Payments LS @ $500.00 LS @ $5,200.00 = 320 CY @ $262.50 = $500.00 $5,200.00 $84,000.00 $89,700.00 (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. AGREEMENT • 2 (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. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: ' CITY OF �SAN RAFAEL: Esther C. Beirne Albert koro City Clerk Mayor APPROVED AS TO FORM: 7 Robert F. Epstein City Attorney CONTRACTOR: for PR " M g GMOZTI BROS., INC. AGREEMENT • 3 RESOLUTION NO. 12677 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR DEEP LIFT ASPHALT REPAIRS 2008/2009, PROJECT NO. 11132 TO GHILOTTI BROS., INC., IN THE AMOUNT OF $89,700. WHEREAS, on the 12`h day of March, 2009, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "DEEP LIFT ASPHALT REPAIRS 2008/2009" PROJECT NO. 11132 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the streets designated for repairs are eligible to be funded utilizing Proposition IB funds; and WHEREAS, the bid of Ghilotti Bros., Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the Council approved the streets designated for deep lift asphalt repairs to be funded utilizing Proposition 1 B funds. RESOLVED FURTHER, that the bid of Ghilotti Bros., Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Bros., Inc. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. for said work, in a form approved by the City Attorney, and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, that the Interim Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, 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 16th day of March, 2009, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Heller ESTHER C. BEIRNE, City Clerk File No. 16.06.70 W, l< O Z7 N N ^^� O CD m G CD O '-h C 6 n� 0 w z=� ano z-� acro Om �•<� w N - O ; r d r. o y A � .+ O 3 N a, v .. m y r 2. .O � ti O OD N H _• ..d N O O v n 0p 00 O _• b 00 n W n r r .0 VJ Vl --1 cn 0 n L^� - ro , W 0 m D o c _ 00q o" 3 � p - ro O y W — W O C a o o c c r n c O c 0 0 0 0 "' m m ac 0 CE. 3. 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SRRA / SRCC AGENDA ITEM NO: DATE OF MEETING: March 16,2009-- FROM: CX009 - FROM: Nader Mansourian DATE: March 12, 2009 ��� , t� .�. 2 ORIGINATING DEPARTMENT: Public Works TITLE OF DOCUMENT: REPORT OF BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR DEEP LIFT ASPHALT REPAIRS 2008/2009, PROJECT NO. 11132, TO GHILOTTI BROS., INC., IN THE AMOUNT OF $89,700. Nader Mansourian (for Parviz Mokhtari, Interim PW Director) (LOWER HALF OF FORM FOR APPROVALS ONLY) Reviewed - y City Manager / Executive Director Approved as Council / Agency Agenda Item APPROVED AS TO FORM: City Attorney (Signature) CITY OF SAN RAFAEL OPENING OF SEALED BIDS RE: Deep Lift Asphalt Repairs 2008/2009 PROJECT NO. 11132 Date of Bid Opening: Thursday, March 12, 2009 @ 2:30 p.m. NAME OF BIDDER W.R. Ford Associates 984 Hensley Street Richmond, CA 94801 Ghilotti Bros. Inc. 525 Jacoby Street San Rafael, CA 94901 Ghilotti Construction 246 Ghilotti Avenue Santa Rosa, CA 95407 J.A. Gonsalves & Son P.O. Box 6553 Napa, CA 94581 Maggiora & Ghilotti, Inc. 555 DuBois Street San Rafael, CA 94901 W.K. McLellan Co. Inc. 254 Sears Point Road Petaluma, CA 94954 G.D. Nielson 147 Camino Oruga Napa, CA 94558 Team Ghilotti 2531 Petaluma Blvd. South Petaluma, CA 94952 ENGINEER'S ESTIMATE: AMOUNT $129,080.00 $ 89,700.00 $127,540.00 $170,420.00 $158,451.00 $149,800.00 $121,292.00 $163,450.00 $100,000 PW Street Resurfacing 2007Y2008 CITY OF SAN RAFAEL OPENING OF SEALED BIDS RE: Deep Lift Asphalt Repairs 2008/2009 PROJECT NO. 11132 Date of Bid Opening: Thursday, March 12, 2009 @ 2:30 p.m. NAME OF BIDDER AMOUNT W.R. Ford Associates 984 Hensley Street $ Richmond, CA 94801 Ghilotti Bros. Inc. cJ 525 Jacoby Street $ San Rafael, CA 94901 Ghilotti Construction 246 Ghilotti Avenue $ Santa Rosa, CA 95407 J.A. Gonsalves & Son P.O. Box 6553 $ ! Lj Napa, CA 94581 Maggiora & Ghilotti, Inc. 555 DuBois Street $ 1 San Rafael, CA 94901 W.K. McLellan Co. Inc. 254 Sears Point Road $ Petaluma, CA 94954 G.D. Nielson 147 Camino Oruga Napa, CA 94558 Team Ghilotti 2531 Petaluma Blvd. South $ 16 3 Petaluma, CA 94952 ENGINEER'S ESTIMATE: $100,000 PW Street Resurfacing 2007/2008 CITY OF 0 . Mayor YCU.tkbert J. Boro T- memo Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller PUBLIC WORKS - ADMIN/ENGINEERING: (415) 485-3355 FAX: (415) 485-3334 FAXED, E-MAILED AND MAILED February 17, 2009 P. O. No. 00449 Independent Journal P.O. Box 6150 File No: 16.06.70 Novato, CA 94949 FAX NO: 382-1535 Attn: Donna Lazarus Re: NOTICE INVITING SEALED PROPOSALS - DEEP LIFT ASPHALT REPAIRS 2008/2009 PROJECT NO: 11132 Enclosed is one copy of Notice Inviting Sealed Proposals for Public Works entitled: "DEEP LIFT ASPHALT REPAIRS 2008/2009". Please publish the enclosed notice on February 19, 2009 and furnish us with Galley Proof and Proof of Publication in duplicate. Thank you for your cooperation in this matter. Sincerely yours, Diane Decicio <� Sr. Associate Engineer o rrn DD: dw LnC.7:; Enclosure (1) _ :;a-< cc: Esther C. Beirne, City Clerk (2 copies-w/encls.) ;- �,,r- Project Engineer (w/encl.) CA rn= Secretaries (2) (w/encl.) r - :K 111 Morphew Street, P. O. Box 151560, San Rafael, CA 94915-1560 CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is hereby given that the City of San Rafael Department of Public Works will receive bids for furnishing all labor, materials, equipment and services for DEEP LIFT ASPHALT REPAIRS 2008/2009 PROJECT NO. 11132 Each bid shall be in accordance with the plans, specifications and other contract documents now on file with the City Clerk, City Hall, San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. O. Box 151560, San Rafael, CA 94915-1560. Cost shall be Twenty Five Dollars ($25.00) per set, non-refundable. Cost of mailing sets shall be an additional Five Dollars ($5.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. Each bid shall be made out on the form to be obtained at the Department of Public Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, Room 209, 1400 Fifth Avenue, San Rafael, California 94901 on or before 2:30 P.M., Thursday, March 12, 2009. The City reserves the right to reject any or all bids or to waive any informality in a bid. Dated: February 19, 2009 '`Zs—M-_� )&E4 K"z ESTHER BEIRNE City Clerk PROOF OF PUBLICATION (2015.5 C.C.P.) ....CITY OF 'SW)w. r ..................................... TWITINO' SEAL'EU PROPO'SAUS' ....... DEEP 'LIFT' ASi'11t'AL`i`'ItEPA'IRS'2008/200 ............................................................................................... STATE OF CALIFORNIA County of Marin ss I ani a. citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the prin- cipal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper lips been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY i, 1955, CASE iVUMBER 25568; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: all in the year 2009. I certify for declare) under penalty of Perjury that the foregoing is true and correct. Dogna L4zarus Signature Dated this.....19......day of .....FEB ...............2009 TIOFSRFECIYAN AAE 2009 FEB 23 AM 9: 34 Proof of Publication of PROOF OF PUBLICATION CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FON PUBLIC WORKS Notice is hereby given that the City of San Rafael Depart- ment of Public Works will receive bids for furnishing all la- bor, materials, equipment and services for DEEP LIFT ASPHALT REPAIRS 2DOB/2009 PROJECT NO. 11132 Each bid shall be in accordance with the pians, speclflca- tions and other contract documents now on file with the City Clerk, City Hall, San Rafael, California; and may be ex- amined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. 0. Bax 151560, San Rafael, CA 94915-1560. Cost shall be Twenty Five Dollars ($25.00) per set, non-refundable. Cost of mailing sets shall be an additional Five Dollars ($5.00) per seL Bidders are hereby notified that pursuant to Section 1770 of the labor Code of the State of California, the City of San Ra- fael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work In the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the con- tract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file In the office of the City Clerk, copies of which are available tD any Interested party on request Each bid shall be made out on the form to be obtained at the Department of Public Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by rash, certified check or bidder's band for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, Room 209, 1400 Fifth Avenue, San Rafael, California 94901 on or before 2:30 P.M., Thursday, March 12, 2009. The City reserves the right to reject any or all bids or to waive any informality in a bid. Dated: February 19, 2009 /s/Esther C. Beime ESTHER BORNE N0.166 Feb 19, 2009 City Clerk ACORD CERTIFICATE OF LIABILITY INSURANCE OF ID SP DATE(MM/DD/YYYY) GHILO-1 03/18/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSWSR 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 A X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/08 10/01/09 �p Phone: 707-782-9200 Fax: 707-782-9300 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER& Natl Fire Ina. Co. of Hartford 20478 INSURERS, Transportation Ins. Co. 20494 ........ X Brd Form PD $10,000 PD DED - PER OCC _ ....� INSURER C Continental Casualty company 20443 Ghilotti Bros., Inc. 525 Jacoby Street San Rafael CA 94901 INSURER D! Zurich American Ins Co of Ill INSURER E $4,000,000 ,., 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 CLAIMSWSR Dull. TR SR TYPE OF INSURANCE ..... .... • DATE MMIDD D .• _.- -••- L POLICY NUMBER I ATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE j s 2000, 000 A X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/08 10/01/09 �p PREMISES lEaoccurence) �.. $100,000 . CLAIMS MADEX.1 OCCUR 'MED EXP (Any one person) S 5 , OOO m..,. ........ X Brd Form PD $10,000 PD DED - PER OCC _ ....� PERSONALSADV INJURY _ �................. ...._.... s 2 000, 1111,,, 1.000.... ..._ _....V. .._............__._. _. X Cntrctl/XCU Incl. INDEP. CONTRACTORS INCL, GENERAL AGGREGATE $4,000,000 ,., GEN'L AGGREGATE LIMIT APRO-PLIES PER, PRODUCTS - COMP/OP AGO $ 4,000,000 POLICY X JECT N LOC Em 1 Liab 1 000,000 AUTOMOBILE LIABILITY ". COMBINED SINGLE LIMIT s1 000 000 B X ANY AUTO BUA2087746336 10/01/08 10/01/09 (Ea accident) , , T ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ i X NON•OWNEDAUTOS (Per accident) X Ded. $1000 APD ___._._._,.,.._...____..__w—....�.. PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT S ANY AUTO EA ACC OTHER THAN _....._ S ...., ,,, . 4 AUTO ONLY. AGG ' $ EXCESSIUMBRELLALIABILITY i EACH OCCURRENCE $10,000 C X OCCUR ❑ CLAIMS MADE L2098041315 10/01/08 10/01/09 ,H./000 AGGREGATE ,•,_ $10,000,000 T$ DEDUCTIBLE ...._ . .,,......._.......A....w..a, ,. X RETENTION $10,000 s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X TORY LWU IMITS _ER D WC427761402 10/01/08 10/01/09 E. L. EACH ACCIDENT $ 0 GTiw ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? — .---�- ��. E.L. DISEASE - EA EMPLOYEE $ OO If yyes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT „ S O O OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. �C-J Drn JOB: Deeplift Asphalt Repair 2008-2009, Project #11132; GBI #09405 *Ten day notice would be sent on non payment. to rte-= **agents & employees & Dept. of Public Works 30*13140331A99/SPECIAL CERTIFICATE HOLDER City of San Rafael, its elective & appointive Baords, Commissions, officers, ** P.O. Box 151560 San Rafael, CA 94915 CANCELLATION SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, F1 at! INGURGR I;FG I GE -1-6 OR ACORD 25 (2001/08) r-- `-"vv' U"VACeRD CORPORA G -140331-A99 (Ed. 10/1) CNA For All Commitments You Mahe* 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 Oreanization: City of San Rafael, its elective Boards, Commissions, officers, agents & employees Dept. of Public Works Desienated Proiect: JOB: Deeplift Asphalt Repair 2008/2009 Project #11132; GBI #09405 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) 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 E 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: G -140331-A99 (Ed. 10/0 1) G -140331-A99 (Ed. 10/1) 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 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. E 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) f:(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) Bond Executed in Duplicate FAITHFUL PERFORMANCE BOND Bond No 08936097 PUBLIC WORK (The premium charged on this bond is $ 785.00 , being at the rate of % 8.75 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of San Rafael State of California, entered into a contract dated March 16th 2009 with Ghilotti Bros., Inc. hereinafter designated as the "Principal," for the work described as follows: Deep Lift Asphalt Repair 2008/2009, Project No. 11132 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 nine thousand seven hundred & 00/100 --- Dollars ($ 89,700.00 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 16th day of March 2009 PRF71001CA0201f Ghilotti Bros., Inc. ,P M By ,Principal ,'' Fidelity and Deposit Qompanv of Maryland By Kelly Holte ann , Attorneyin-Fact IT111150111, Iv [90TIRAIX11i 1411114 State of California County of —..-,,.,--Marin On March 20, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public (insert name and title of the officer) personally appeared Michael M. Ghilotti, PresidenVTreasurer � who proved to me on the basis of satisfactory evidence to be the persons) whose name(sf is/ire, subscribed to the within instrument and acknowledged to me that he/ a.y executed the same in his authorized capacity ' , and that by his r signature(4 on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .pro �a "0 r�r rF'I EM!Xj Comrnksbn # 170 10 Notary d�wAjc - C'o{BrornRa Z. ,,...�, r�6orbn ��ur°dry o nr�. a sus Nov 13, -,010 Signature"`° (Seal) State of California County of Marin On 3/16/09 ACKNOWLEDGMENT before me,__ J. DeLuc _Notary Public (insert name and title of the officer) personally appeared Kel_y Holtemann who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s� is/tea subscribed to the within instrument and acknowledged to me that fie/she/" executed the same in +OeYher/their authorized capacity(4esi and that by his/her/tfe' signature(e� on the instrument the person(, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ -3 0 J. DELUC� q � I COMM. #1815054 D NOTARY PUBUC.CAUFORNIA MARIN COUNTY 0 (Seal) M Comm. E.Vires October 24, 2012 When recorded mail to: City of San Rafael Esther C. Beirne, City Clerk 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 2 7`0 Recorded Official Records County of t1ari n JOAN; C. T'iAYER Assessor -Recorder I 0: 0-A�l 05-12.) -2009 REC EE 0.00 a Pape 1 of 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 20th day of April, 2009 and accepted the 21st day of April 2009; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows: DEEP LIFT ASPHALT REPAIRS 2009 Project#11132 and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements now on file in the office of the City Clerk of said City, and said plans and specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Ghilotti Bros., Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Rafael, California, on ./W1J S 20 CITY OF SAN RAFAEL A Municipal Corporation By NADER MANSOURIAN Assistant Public Works Director STATE OF CALIFORNIA COUNTY OF MARIN On this 511, day of h1AY 20 05, before me, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, County of Marin, State of California, residing therein, personally appeared NADER MANSOURIAN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (sLs�/ are subscribed to the within instrument and acknowledged to me that ,hJ�'she/they executed the same in&s�her/their authorized capacity (ies), and that by�her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature�� ESTHER C. BEIRNE, City Clerk File:16.06.70 Bond Executed in Duplicate Bond No. 08936097 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas has awarded to of San Rafael Ghilotti Bros., Inc. as Principal, a contract for the work described as follows: Deep Lift Asphalt Repair 2008/2009 Proiect No. 11132 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 eighty nine thousand seven hundred & 00/100 --- Dollars ($ 89,700.00 ) 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. PAY71001CA0202f In witness Whereof, We have hereunto set our hand and seals this 16th day of March 2009 Ghilotti Bros., Inc. Principal ALI By: Michael M. G ilot i, President Treasurer Fidelity and Deposit Company of Maryland By: v— Kelly Holtemann , Attorney -In -Fact State of California County of Marin on March 20, 2009 ACKNOWLEDGMENT before me, Kathleen J Frew-Eckhaus, Notary Public (insert name and title of the officer) personally appeared Michael M. Ghilotti, PresidenVTreasurer who proved to me on the basis of satisfactory evidence to be the person,(R) whose name(pf is/�Ir-e. subscribed to the within instrument and acknowledged to me that he/siy executed the same in his/tmAheir authorized capacityUas), and that by hisMtTk#eif signature(rs') on the instrument the personal, or the entity upon behalf of which the personXacted, 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 1, riH l Pq J, i REE ECKFIa Comrnls�Jon 1704510 Signature (Seal) l Cam bores Nov 1, 010 State of California County of Marin On 3/16/09 ACKNOWLEDGMENT before me, --!L. DeLuca,._ Notary 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(&) whose name(s4 ismf& subscribed to the within instrument and acknowledged to me that 4ge/she/tom executed the same in -h sYher/their authorized capacity(iee� and that by 494e/her/t*L* signature(s� on the instrument the personM, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 COMM, #1815054 NOTARY PUBUC­CAUFORNIA " 'MAMN COUNTY1 Signature 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 VI, 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 hereof, 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 o n o ertakings in pursuance of these presents, shall be as binding upon said Co y, a 1 A nd purposes, as if they had been duly executed and acknowledged b 64 lcted pany at its office in Baltimore, Md., in their own proper persons. Th}sB at rs-y()alf of Kelly HOLTEMANN, dated August 30, 2007. The said Assistant Section 2, of the By-: E6St"at 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: tp OEPps, r f Is 0 c 1E9Q ? State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND n Gregory E. Mu-raqr Assistant Secretary 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. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 016-0949G "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." 1, 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 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 / Certificate may 4• signed 4.'.. facsimile under1 r..... authority of f {wing resolution of Board of Directors of ! 4f"4` `. . r R _ 1. f 7A1 1 the I Oth day of {0 hereuntoRESOLVED: "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 subscribed my name { affixed the corporateof f Company, this 16th dayof _Marc13:. Assistant secretary