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Home My WebLink AboutPW Citywide St. Resurfacing 2012 ProjectI 'A C"ry OA n4 M Agenda Item No: 3. 1 Meeting Date: October 15, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public orks Prepared by: --;� City Manager ApprovaPJ' Public Works Director (HY) File No.: 16.06.78 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 PROJECT, CITY PROJECT NO. 11203, TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF $1,358,221.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Brothers, Inc. in the amount of $1,358,221 for the base bid and alternate bid items 1, 2 and 4. BACKGROUND: In December 2009, Marin County and 11 jurisdictions within the County became eligible for $2,434,904 in Cycle I STP/CMAQ (Surface Transportation Program/Congestion Mitigation and Air Quality) funds. The City of San Rafael was originally allocated $540,115, which was augmented to $1,019,000 after the City entered into agreements with eight other local agencies for receipt of federal funds. Five roadway segments have been approved by Caltrans for reimbursement as part of the grant. The segments in the base bid include: 1. Fifth Avenue from H Street to B Street; 2. Bellam Boulevard from 1-580 EB Ramps to 1-580 WB Ramps; 3. Bellam Boulevard from Kerner Boulevard to Windward Way; and 4. Mission Avenue from H Street to Grand Avenue. City staff has structured the bid documents to include the following street segments, which have also been approved for reimbursement, as alternate bid items: L Bellam Boulevard from Woodland Avenue to 1-580 EB Ramps (Alternate 1); 2. Mission Avenue from Grand Avenue to Union Street (Alternate 2); 3. Redwood Highway from Mitchell Boulevard to Smith Ranch Road (Alternate 3); and 4. D Street from Second Street to Antonette Avenue (Alternate 4). FOR CITY CLERK ONLY File No.:— Council Meeting: I OLK 101 —2 -- Disposition: w to 044-i B ti SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On September 17, 2012, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal Code and policies on September 18, 2012, and sealed bids were publicly opened and read aloud on October 9, 2012 at 10:30 AM. The base bid was used for comparison of prices and award of the contract. The engineer's estimate was $880,000 for the base bid while the engineer's estimate for alternate bid items 1, 2, 3, and 4 were $215,000, $81,000, $146,000, and $240,000, respectively. The following five base bids were received: NAME OF BIDDER AMOUNT Ghilotti Brothers, Inc $796,630.00 Ghilotti Construction Company $884,670.50 Maggiora & Ghilotti $896,896.00 Synergy Project Management, Inc. $953,268.00 Team Ghilotti $954,100.50 The following bid was received from the low bidder, Ghilotti Brothers, Inc. for each of the alternate bid items: Alternate Bid Item # Roadway Segment AMOUNT 1 Bellam Blvd (Woodland — 580 EB) $208,724.75 2 Mission Ave (Grand — Union) $100,300.00 3 Redwood Hwy (Mitchell — Smith Ranch) $188,489.00 4 D St (Antonette — Second) $252,566.25 The roadways included in this project are arterials and major collector roads with a large number of vehicles that travel upon them each day. Work upon these types of roadways tends to be complex and involves a significant amount of coordination, with neighboring property owners, businesses, and residents. In addition, monitoring the traffic control and operations for large portions of the project is necessary in order to ensure safety for vehicles, pedestrians and bicyclists who utilize these roads. In addition, a portion of this project is to be constructed during nighttime hours, when staff is not available. Public Works is therefore recommending hiring a construction inspection firm to inspect and help coordinate the work due to the fact that insufficient staff is available at this time to cover this complex project as well as other important public works projects. Prior to bidding this project Public Works staff communicated with utilities companies to determine if their facilities needed repair or improvement. In this case Marin Municipal Water District is currently upgrading their facilities on Mission Avenue and 5th Avenue in preparation of the resurfacing. With the number of roadways stated above, performing all this resurfacing prior to the winter rainy season is not possible such that a majority of the work will be performed in the spring of 2013. However, the Department of Public Works will be consulting with the contractor to determine if work on 5`h Avenue may be pursued prior to December V in order improve the road surface where the recent utility improvements have been completed. ANALYSIS: The low base bid from Ghilotti Brothers, Inc. of $796,630.00 plus alternate bid items 1, 2 and 4 of $561,591.00 falls within the allocated project budget totaling 1,358,221.00. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: To date, a total of $1,449.74 has been charged to this project for plan and specification reproduction. The remaining project expenses include the construction to be performed by Ghilotti Brothers, Inc. and a recommended contingency of approximately 10% for construction resulting in a total construction cost of $1,598,550.26 and a total project cost of $1,600,000. Supplemental funding for this project will be provided from local sources such as local Measure A and Refuse Vehicle Registration Fee funds. The following table summarizes the costs which are associated with this project: Category -Eden Expense Code Amount Notes Already Charged Expenses Supplies & Services -07 $1,449.74 Reproduction of Plans and Specifications Already Charged Expenses Subtotal $1,449.74 Remaining Expenses Construction -02 $796,630.00 Base Bid Contract Amount $208,724.75 Alternate Bid Item 1 Contract Amount $100,300.00 Alternate Bid Item 2 Contract Amount $252,566.25 Alternate Bid Item 4 Contract Amount Sub -Total Construction Contract $1,358,221.00 $140,329.26 Contingency (Approx 10%) Construction Inspection Services -07 $100,000.00 Currently Acquiring Remaining Expenses Subtotal 1 $1,598,550.26 Total Project Cost $1,600,000.00 OPTIONS: The Council may choose not to award the contract and direct staff to rebid the project. Adopt resolution awarding contract to Ghilotti Brothers, Inc. in the amount of $1,358,221.00. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 13428 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 PROJECT, CITY PROJECT NO. 11203, TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF $1,358,221.00. WHEREAS, on the 9'h day of October, 2012, 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: "Citywide Street Resurfacing 2012" City Project No. 11203 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. 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 and improvements is hereby awarded to Ghilotti Brothers, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Brothers, Inc. in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract, RESOLVED, FURTHER, that the Public Works Director 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, 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 15`h day of October, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.06.78 City of San Rafael ♦ California Form of Contract Agreement for Citywide Street Resurfacing 2012 City Project No. 11203 This Agreement is made and entered into this 15th day of October, 2012 by and between the City of San Rafael (hereinafter called City) and Ghilotti Brothers, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Citywide Street Resurfacing 2012, City Project No. 11203, Federal Aid Project No. STPL- 5043(033), 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 City by Contractor under this contract shall be primary with respect to any other insurance available to the City. H - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within EIGHTY (80) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar 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 $3,000 for each and every working 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. 1V - 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. iTEM NO. DESCRIPTION BASE BID ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL i PRICE 1, 7Mobilization 1 LS $23,000 $23,000.00 2. Traffic Control 1 LS $59,000 $59.000.00 3. Full Width Grinding**349,000 SF $0.36 $125,640.00 4. Hot Mix Asphalt 1 4,500 TON $103 5463,500.00 5. Adjust Existing Facility to Grade Z] ORIGINAL Page 1 Im Im ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID, CONTINUED a. Adjust Manhole Castings to Grade 45 EA $600 $27,000.00 b. Adjust Water/Gas Valve Cover to Grade 96 EA $115 $11,040.00 c. Adjust Monument to Grade 4 EA $400 $1,600.00 d. Adjust Rodhole to Grade 11 EA $420 $4,620.00 6. Install Traffic Striping a. Install Detail 9 Striping 1,750 LF $0.45 $787.50 b. Install Detail 22 Striping 6,900 LF $1.75 $12,075.00 c. Install Detail 25 Striping 75 LF $0.90 $67.50 d. Install Detail 27B Striping 1,000 LF $0.85 $850.00 e. Install Detail 29 Striping 270 LF $3.50 $945.00 f. Install Detail 37B Striping 400 LF $1.50 $600.00 g. Install Detail 38A Striping 230 LF $1.7.5 $402.50 h. Install Detail 38 Striping 1,630 LF $1.75 $2,852.50 i. Install Detail 39 Striping 250 LF $1.00 $250.00 j. Install Detail 40 Striping 75 LF $2.00 $150.00 7. Install Pavement Markings 11,500 SF $3.75 $43,125.00 8. Traffic Signal Loops a. Type A 15 EA $375 $5,625.00 b. Type D 8 EA $375 $3,000.00 c. Type E 28 EA $375 $10,500.00 SUBTOTAL BASE BID $796,630.00 ALTERNATE BID ITEM 1 1 Mobilization 1 LS $6,000.00 $6,000.00 2 Traffic Control 1 LS $36,000.00 $36,000.00 3 Full Width Grinding** 83000 SF $0.36 $29,880.00 4 Hot Mix Asphalt 1050 TON $103.00 $108,150.00 5 Adjust Existing Facility to Grade a. Adjust Manhole Castings to Grade 7 EA $600.00 $4,200.00 b. Adjust Water/Gas Valve Cover to Grade 6 EA $115.00 $690.00 c. Adjust Monument to Grade 2 EA $400.00 $800.00 6 Install Traffic Striping a.Install Detail 9 Striping 2280 LF $0.45 $1,026.00 b. Install Detail 22 Striping 280 LF $1.75 $490.00 c. Install Detail 29 Striping 240 LF $3.50 $840.00 d. Install Detail 32 Striping 470 LF 1 $4.00 $1.880.00 e. Install Detail 38A Striping 425 LF $1.75 $743.75 f. Install Detail 38 Striping 80 LF $1.75 i $140.00 . Install Detail 39 Striping` 950 LF $1.00 $950.00 h. Install Detail 40 Striping 30 LF $2.00 $60.00 i Install Pavement Markings 1300 SF $3.75 $4,875.00 8 Traffic Si nal Loops a. Type A 18 EA $375.00 $6,750.00 b. Type D 8 EA i $315.00 $3,000.00 C. Type E 6 EA $375.00 $2,250.00 i SUBTOTAL ALTERNATE BID ITEM 1 $208,724.75 9M ' ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE ALTERNATE BID ITEM 2 1 Mobilization 1 LS $3,000.00 $3,000.00 2 Traffic Control 1 LS $34,000.00 $34,000.00 3 Full Width Grinding** 32000 SF $0.36 $11,520.00 4 Hot Mix Asphalt 400 TON $103.00 $41,200.00 5 Adjust Existing Facility to Grade a. Adjust Manhole Castings to Grade 7 EA $600.00 $4,200.00 b. Adjust Water/Gas Valve Cover to Grade 8 EA $115.00 $920.00 c. Adjust Rodhole to Grade 1 EA $420.00 $420.00 6 Install Traffic Striping b. Install Detail 22 Striping 855 LF $1.75 $1,496.25 7 Install Pavement Markings 945 SF $3.75 $3,543.75 SUBTOTAL ALTERNATE BID ITEM 2 $100,300.00 ALTERNATE BID ITEM 4 1 Mobilization 1 LS $5,000.00 $5,000.00 2 Traffic Control 1 LS $52,000.00 $52,000.00 3 Full Width Grinding** 84000 SF $103.00 $98,880.00 4 Hot Mix Asphalt 1050 TON 5 Adjust Existing Facility to Grade $600.00 $4,200.00 a. Adjust Manhole Castings to Grade 14 EA $115.00 $1,150.00 b. Adjust Water/Gas Valve Cover to Grade 18 EA $400.00 $1,600.00 6 Install Traffic Striping b. Install Detail 22 Striping 2500 LF $0.45 $90.00 c. Install Detail 27B Striping 5300 LF $1.75 $2,975.00 d. Install Detail 29 Striping 140 LF $0.85 $884.00 f. Install Detail 38 Striping 135 LF $3.50 $647.50 7 Install Pavement Markings 2600 SF $1.75 $1,575.00 8 Traffic Signal Loos $3.75 $3,487.50 a. Type A 8 EA b. Type D 2 EA $375.00 $3,750.00 10 Pavement Fabric** 9300 SY $375.00 $1,125.00 SUBTOTAL ALTERNATE BID ITEM 4 $208,724.75 GRAND TOTAL $1,358,221.00 ** This item shall be a final pay item V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Forks 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 RM 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 Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the 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. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: her �CBeirne City Clerk ter, Robert F. Epstein City Attorney File No.: 16.46.78 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director CONTRACTOR: For: Ghilotti Brothers, Inc. Im Bond Executed in Duplicate Im FAITHFUL PERFORMANCE BOND Bond No 09091323 PUBLIC WORK (The premium charged on this bond is S 7,811.00 1 being at the rate of S 100,000 @ 7.94/m per thousand of the contract price) Next $400,000 @ 6.00/m; Next $858,221 @ 5.38/m KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of San Rafael State of California, entered into a contract dated October 15th 1 2012 1 with Ghilotti Bros., Inc. hereinafter designated as the "Principal," for the work described as follows: Citywide Street Resurfacing 2012; City Project No. 11203 Federal Aid Project No. STPL-5043(033) ; 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 One Million Three Hundred Fifty Eight Thousand Two Hundred Twenty* Dollars (S 1,358,221.00 —), 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 18th day of October 2012 *One & 00/100 --- Ghilotti Bros., Inc. Principal By Michael M. Ghilotti, PresidenVTreasurer Fidelity and Deposit Company of Maryland PRF71001CA0201f By --A Kelly Holt(imann Attorney -in -Fact Im ACKNOWLEDGMENT Im State of California County of ------ Marin --------------------- On ----October 18th, 2012 -- _ _ before me, J: DeLuca�_Notary_ Public ___ _ _ (insert name and title of the officer) personally appeared------------------------Ketly_ xoltemann_...................... who proved to me on the basis of satisfactory evidence to be the person(s') whose names. is/are subscribed to the within instrument and acknowledged to me that 1�e/she/" executed the same in +tr#her/tio_+ authorized capacity(4ee*, and that by iiWher/tom signature(&) 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. J. DELU A 1 15054 tTARP sit; C if-OIW r,1�AM4 Ou r Y CWM bq*egOctober 24 20112 t Signature ------------------------------ (Seal) Im State of California County of Marin ACKNOWLEDGMENT Im On before me, -Elizabeth L. Pedley a Notary Public, personally appeared Michael M. Ghilotti , 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/sheA*" executed the same in his/hefi4h& authorized capacitykies), and that by his/he0i& 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 y.21!Ll' L' (Seal) U r ELIZABETH LYNN PEDLEY 0 t COMM. #1980637 1 NOTARY PUBLIC -CALIFORNIA < MARIN COUNTY 0 1 My Cotm. Expires June =4 Im Im Bond No. 09091323 Bond Executed in Duplicate 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 of San Rafael has awarded to Ghilotti Bros- Inc. as Principal, a contract for the work described as follows: Citywide Street Resurfacing 2012 No. 11203 Federal Aid Project No. STPL-5043(033) 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 One Million Three Hundred Fifty Eight Thousand Two Hundred Twenty One & 001100 -- Dollars ($ 1,358,221.00 ) 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 3 18 1, 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. PAY? 1 OOtCA6202f ■ In witness Whereof, We have hereunto set our hand and seals this day of October 2012 15th Ghilotti Bros., Inc. Principal By: Michael M. Ghilotti, President/Treasurer Fidelity and Deposit Company of Maryland By: fir' z� f Kelly Holtemann Attorney -In -Fact ACKNOWLEDGMENT State of California County of ------Marin On October 18th, 2012 before me, ___ J. 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(s,) whose name(s� is/are subscribed to the within instrument and acknowledged to me that toe/she/" executed the same in h5Yher/t*eir authorized capaclty(iee� and that by lie/her/tom signature(cr 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-----' -------------------- (Seal) JDELUCA s Uy Y COMM, EVwes 0=bar 24 2012 ®' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"). by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kelly HOLTEMANN and Joan DELUCA, both of San Francisco, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of May, A.D. 2011 ATTEST: 0 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SiAL0 UX10 z j low tj � .... ...... Assistant Secretary Vice President Eric D. Bames Thomas O. McClellen State of Maryland City of Baltimore On this 14th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. THOMAS O. MCCLELLEN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he' ' she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that me said Corporate Seals and the signature as such officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ooloo", Maria D. Adatriski. Notar-, Public My Commission Expires: July 9, 2015 11900-7121101119M. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8. Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument Linder the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V. Section 8, of the By -Laws of the Companies is still in force, This Power of Attorney and Certificate may be signed by facsimile Linder and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the Lyth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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. INTESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this of Cf ' _ 20-L 0 r I.0 10Z 86AL Geoffrey Delisio, Vice President ACKNOWLEDGMENT State of California County of Marin On 6-6 22, -01k, before me, Elizabeth L. Pedley a Notary Public, 2 personally appeared Michael M. Ghilotti who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he4theif authorized capacity(ies), and that by his/he6#i& 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 �11 �'-' Y� (Seal) ELIZABETH LYNN PEDLEY > 0 COMM. #1980637 11 NOTARY "LIC -CALIFORNIA < MARIN COUNTY 0 k My Conim. Expires June =� ACORLa` PRODUCER Don Ramatici Insurance, Inc. P.O. Box 551 Petaluma, CA 94953 Paul Ramatici INSURED nrt��rn w nct• GHILO-1 OP ID: N1 DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 10118/12 Phone: 707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE _ NAIC # INSURER A: National Union Fire Ins. of PA 19445 INSURER B: Granite State Insurance Co. _ '23809 INSURER c: Starr indemnity & Liability Co . 38318 INSURER D: $ 2+ + 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 QR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADD'POLICY NUMBER J POLICY EFFECTIVEFFECTIVE POLICY EXPIRATION DATE (MMIDDNYYY) LIMITS A X GENERAL LIABILITY EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY GL2491952 10!01!12 10!01!13 PREMISES {Ea occurenca) CLAIMS MADE X OCCUR MED EXP (Any one person) �X Brd Form PD ;S1o,000 PD DED • PER OCC { PERSONAL & ADV INJURY I $ 2,000,00 100+00 $ 5,00 $ 2+ + i k �Cntrctl/XCU Incl. INDEP. CONTRACTORS INCL. GENERAL. AGGREGATE $ + + (��--GE--NT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 4+000+00 POLICY _X–PRO- JECTLoc Empl Liab 1,000,00 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT$ )C ANY AUTO ICA5101564 10/01/12 10/01113 (Ea accident) 1,000,00E I F-' ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS _ $ $ $ X HIRED AUTOS BODILY INJURY X I NON -OWNED AUTOS (Per accident) X -IDed' $1000 APD PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC THER THAN $ I ^y— $ AUTO ONLY: AGO UMBRELLA LIABILITY EACH OCCURRENCE $ 00C is 10,000,00 [EXC,ESS! OCCUR CLAIMS MADE SISCCCL01600312 10/01/12 10/01/13 AGGREGATE $ i I j DEDUCTIBLE$ ..._ _. PX RETENTION $ 0... I ' $ WORKERS COMPENSATION I I�(:TO YTA'U- i0T_H- AND EMPLOYERS' LIABILITY }— -L�--L' -—. A ? ANY PROPRIETOR/PARTNER/EXECUTIVE Y t N WC035896574 ' 10!01112 10101/13 E.L. EACH ACCIDENT I OFFICERIMEMBER EXCLUDED9 � !`1,000,000 ` (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE t $ 1,000+00 $ 1 000 00 $ + + If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LNMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Operations of the Named insured for the Certificate Halder. !Job: Citywide Street Resurfacing 2012, City Project No. 11203, Federal Aid IProject #STPL5043(033) GB1#12418 I—SEE ATTACHED NOTEPAD FOR COMPLETE NAMED INSURED 30"X97838(04108)97837(04!08)74434(LF) "10 day notice sent for nonpayment SANRA19 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THEEXPIPATION DATE THEREOF, THE ISSUING INSURER MLL-E4419110YOR FO MAIL 30* DAYS WRITTEN City of San Rafael, its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 18 8111*L officers, agents & employees'* Dept. of Public Works I R 911 Morphew Street ftPfte9eIqI%tIITES. San Rafael, CA 94901 A THORIZED REPRESENTATIVE ACORD 25 (2009!01) Q 1988-2009 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD This endorsement, effective 12,01 AW Policy No, GL2491952 by National Union Fire Ins, Co, of PA ENDORSEMENT 10/0,1/12 IN forms a part of issued to Ghllottl Bros., Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS -- SCHEDULED SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: o As Required by Written Contract or Agreement (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement,) A, SECTION If — WHO 18 AN INSURED Is amended to Include as an Insured; The person or organization shown In the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional Insured, B, With respect to the insurance afforded to these additional Insureds, SECTION I - COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILIT-Y', 2, - Exclusions, is amended to Include the following additional exclusion; This insurance does not apply to "bodily Injury" or "property damage" occurring after: (1) all work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the Injury or damage arises has been put to :ts intended use by any person or organization other than another oonlraQto; or subcontractor engaged in performing operations for a principal as a part of the 15arre project, /1,H other terms and conditions remain unchanged, 97838 (41108) includes copyrighted material of Insurance services Olflca, Inc., with Its permission THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ENDORSEMENT This, endorsement, effective 12:01 XM, io/oi/izforms a part of Policy GL2491952 issued to Ghilottl Bros,, Inc. by National Union fire Ins, Co, of PA ADDITIONAL INSURED- OWNERS, LESSEES), OR CONTRACTORS - COMPLETED OPERATIONS This endorsement.modifles insurance Provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF: ADDITIONAL INSURED PERSON OR ORGANIZATION: As Required by Written Contract or Agreement LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: (if No entry appears above, Information required to complete this endorsement wN be shown in the Declarations as applicable to this endorsement.) SECTION 11 - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arisin(� out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". All' otl-ier terms and conditions remain unchanged, 97837 (4/08) includes copyrighted materlat of insurance Services Office, Irc- with IS permission, ENDORSEMENT ## This endorsement, effective 12:01 A.M., 10/01/12 forms a part of Policy No. GL2491952 issued to Ghilotti Bros. , Inc. by National Union Fire Ins. of PA' ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following; However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance, Authorized Representative -4434 (10t}9) Page 1 of 2 Jeannie Courteau From: Eric Davis Sent: Wednesday, October 24, 2012 1:35 PM To: Leslie Blomquist Cc: Nader Mansourian; Kevin McGowan; Esther Beirne; Jeannie Courteau; Lisa Goldfien; Laraine Gittens Subject: Ghilotti Brothers Contract for Citywide Street Resurfacing Project Leslie: Per our discussion, and Lisa Goldfien's reminder about the new state law limiting retentions to 5%, 1 have signed the checklist and sent the contract along to the City Clerk's office for attestation and distribution. I do not believe that the erroneous code reference in Section V(d) needs to be corrected on this contract, but please correct the PW Contract template for future contracts to reference Public Contract Code Section 22300. Thanks Eric From: Eric Davis Sent: Wednesday, October 24, 2012 11:46 AM To: Leslie Blomquist Cc: Nader Mansourian; Kevin McGowan; Lisa Goldfien; Laraine Gittens Subject: Ghilotti Brothers Contract for Citywide Street Resurfacing Project Leslie: I have reviewed the subject contract sent to me with the Checklist and have the following comments: 1. Section V(b) provides for 95% progress payments (ie. 5% retention) but SRMC Section 11.50.160(D) (2) requires a 10% retention. I checked in the City Clerk's office and saw that the contract with Cleary Brothers for the San Pedro Median project had a 90% progress payment (ie. 10% retention), consistent with the City code. 2. The reference in Section V(d) to Government Code Section 4590 for the substitution of securities in lieu of retained funds is obsolete since that statute has been repealed. The reference should be to Public Contract Code Section 22300. 3. The insurance documents provided appear satisfactory. There is a CGL Policy with National Union Fire Ins. Co., a California admitted insurer, for $2 Million per occurrence and $4 Million aggregate, backed up with a $10 Million Excess/Umbrella policy with Starr Indemnity and Liability Co., also an admitted insurer, which I believe satisfies the Insurance specification incorporated into the contract. The CGL policy has satisfactory additional insured and primary insurance endorsements as required by the contract and the Insurance specification. There is a $1 Million Automobile liability policy with Granite State Ins. Cc, an admitted insurer, which I believe satisfies the Insurance Specification, but I would appreciate your confirming that the $1 Million coverage meets that specification. There also is a Workers Comp insurance policy with National Union. Please call me to discuss the above. I will be here today until 3:30 pm, and in tomorrow and Friday from 6:30 am to 3:30 am( Thanks Eric T. Davis Deputy City Attorney II City of San Rafael San Rafael, CA 949915-1560 Tel: (415) 485-3080 1012411'2412 Im SAN PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney; City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor or Agreement executed by Council authorized Department Head official. 6, City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Pr Project Name 0J Agendized for City Council Meeting (if necessary): Y -�- ;XJ J If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over 520,000 on a cumulative basis. CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL/ AGENCY. SRRA / SRCC AGENDA ITEM NO. 3. i DATE OF MEETING: October 15, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: October 9, 2012 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 PROJECT, CITY PROJECT NO. 11203, FEDERAL -AID PROJECT NO. STPL- 5043(033), TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF $1,358,221.00. { Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: R. City Manager (signature) City Attorney (signature)