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HomeMy WebLinkAboutPW Lifeline Transportation Program Phase IIAgenda Item No: 3.1 Meeting Date: June 3, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: 4�City Manager Approva Director of Public Works (JD) File No.: 125.10.11 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE 2, CITY PROJECT NO. 11174, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $575,605.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Construction Company in the amount of $575,605.00. BACKGROUND: The Lifeline Transportation Program (LTP) is a state funded program administered by the Metropolitan Transportation Commission (MTC) that supports projects to low income communities by improving mobility and accessibility for residents. The City received LTP funding for Phase I of the Canal Neighborhood Transit and Pedestrian Access and Safety Improvements in March of 2007. Phase I construction started in January 31, 2011 and was completed in June 15, 2011. The work consisted of constructing new pedestrian and transit improvements at Canal Street at Larkspur Street, Canal Street at Novato Street, Canal Street at Fairfax Street, and Canal Street at Sonoma Street/Portofino Road. On February 22, 2011 the City Council approved Resolution No. 13112 authorizing the Public Works Director to execute a Memorandum of Understanding (MOU) with Golden Gate Bridge, Highway and Transportation District (GGBHTD, to utilize State Transportation Assistance (STA) with Proposition 1B that allowed the City to receive the grant funds to design and construct transportation and safety improvements. In December 2011, the City Council approved Resolution No. 13273 authorizing the Public Works Director to enter into a professional services agreement with Gannett Fleming to design Phase Il improvements at the following intersections: FOR CITY CLERK ONLY File No.: 14 - i e Council Meeting:L'L31.)LCg 1 Disposition: y ' `i SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • Canal Street at Capri Court; • Canal Street at Kerner Boulevard/Sorrento Way • Kerner Boulevard at Larkspur Street • Kerner Boulevard at Novato Street • Kerner Boulevard at Fairfax Street/Bahia Way On April 15, 2013, 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 April 22, 2013, and sealed bids were publicly opened and read aloud on May 21, 2013 at 2:30 PM. The engineer's estimate was $485,000.00. The following four bids were received: NAME OF BIDDER AMOUNT Ghilotti Construction Company $575,605.00 Ghilotti Brothers., Inc. $616,886.00 CF Contracting, Inc. $642,203.00 W.R. Forde Associates $766,062.00 ANALYSIS: The low base bid from Ghilotti Construction Company of $575,605.00 was $90,605.00 higher than the Engineer's estimate. The noticeable increase in bid items was a result of economy recovery. Therefore, supplemental funds from gas tax must be utilized to subsidize and accomplish project construction. FISCAL IMPACT: The engineer's estimate for construction of the project is $485,000.00. The project sponsor, GGBHTD, requires four percent of the grant funding to administer the State Transit Agency (STA) Proposition 1 B funding. The STA Proposition I B funding requires a local match of $155,000.00. REVENUE Lifeline Transportation Program Grant $644,800.00 City of San Rafael Matching Funds(Measure A) $100,000.00 City of San Rafael Matching Funds (Gas Tax) $55,000.00 Gas Tax Supplemental $40,000.00 Total Available Revenue Funds $839,800.00 EXPENSES SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3 Construction Contract (Ghilotti Construction) $575,605.00 Construction Contingency (Approximately 12.7%) $73,171.87 Subtotal Construction $648,776.87 Allowances (Bus Shelter and Fire Hydrant Relocation) $14,000.00 Construction Subtotal = $662,776.87 Total Project Expenses = $839,800.00 OPTIONS: The Council may choose not to award the contract and direct staff to rebid the project. Choosing this option may result in loss of grant funds. ACTION REQUIRED: Adopt resolution awarding contract to Ghilotti Construction Company for the total award amount of $575,605.00. Enclosures 1. Resolution 2. Draft Agreement RESOLUTION NO. 13543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE 2, CITY PROJECT NO. 11174, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $575,605.00. WHEREAS, on the 21 st day of May, 2013, 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: "Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian And Transit Access And Safety Improvements Project Phase II" City Project No. 11174 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Construction Company 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 Construction Company is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Ghilotti Construction Company 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 Construction Company 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 3rd day of June, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.10.17 Y City of San Rafael ♦ California Form of Contract Agreement for Lifeline Transportation Program — Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Phase 2, City Proiect No. 11174 This Agreement is made and entered into this 3rd day of June 2013 by and between the City of San Rafael (hereinafter called City) and Ghilottti Construction Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: Lifeline Transportation Program — Canal Neighborhood Pedestrian and Transit Access and Safety Improvements — Phase 2, City Project No. 11174, 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 Contracotr under this contract shall be primary and excess of 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 shall be completed, including all punchlist work, within FORTY (40) 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 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 $1,900 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. 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. ITEM DESCRIPTION ES TPYIATED E UNIT` ! GNIT TOTAL PRICE QUANTITY E PRICE € 1. Mobilization (Not to Exceed 3% of Bid) 1 LS @ $17,000 = I 17,000.00 2. Signs and Traffic Control 1 LS @ $71,000 = I 71,000.00 3. Construction Staking 1 LS @ $4,000 } = 4,000.00 4. Clearing and Grubbing 1 LS 1 `u j $59,000 = 1 59,000.00 j ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 5. Minor Concrete — Minor Structures a. Type A Curb and Gutter 1,020 LF @ $37 = $37,740.00 b. Type E Curb (6" Max. Height) 50 LF @ $31 = $1,550.00 c. Vertical Curb (Adjacent to Bus Pad) 135 LF @ $40 = $5,400.00 d. 4 -inch Thick Sidewalk 6,190 SF @- $12 = $74,280.00 e. 6 -inch Thick Shelter Pad/ Driveway/ Median Island Surface 1,800 SF oa $14 = $25,200.00 f. Curb Ram — Case A 18 EA @ $1,450 = $26,100.00 g. Curb Ram —Case C 1 EA @ $1,450 = $1,450.00 h. Sidewalk Ramp 1 EA @ $1,450 = $1,450.00 i. Bus Pad 1,350 SF @ $26 = $35,100.00 '. Type C Catch Basin 4 EA @ $3,050 = $12,200.00 k. Type D Catch Basin 6 EA (a $3,550 = $21,300.00 1. Modify Curb Inlet to Drop Inlet 2 EA @ $2,800 = $5,600.00 m. Type A Manhole 3 EA @ $4,300 = $12,900.00 6. Hot Mix Asphalt 300 TON q $146 = $43,800.00 7. Storm Drain Pipe a. RCP (12" Class V) 155 LF C $175 = $27,125.00 b. PVC (12" SDR -26) 195 LF @ $165 = $32,175.00 8. Fences a. Chain Link Fence 35 LF @ $86 = $3,010.00 b. Wood Fence 15 LF Cal $200 = $3,000.00 9. Install/Adjust Existing Facilities to Grade a. Adjust Existing Utility Box 6 3 EA C $300 r = $1,800.00 b. Adjust Existing Water Valve Cover 5 EA C $500 f = $2.500.001 c. Install Sewer Clean Out Box and Lid 3 EA ! ri, $325 _ € $975.00 I d. Adjust Sanitary Sewer Rod Hole 1 EA @ $650 = $650.00 10. Safety Lighting 1 i LS $33,600 _ $33,600.00 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 11. Signs and Striping 1 LS a $12,400 = $12,400.00 12. Site Furnishings 1 LS $3,300 = $3,300.00 GRAND TOTAL BID $ 575,605.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (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) 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: Esther C Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein�61 City Attorney CITY OF SAN RAFAEL: Nader Mansourian Public Works Director GHILO TI COP(STRUCTION COMPANY: Libertv SURETY CONTRACTBOND-CAL|FORN|A FAITHFUL PERFORMANCE - PUBLIC WORK KNOW ALL 8YTHESE PRESENTS, That Ghilo#Construction Company, Inc Executed in Duplicate Initial premium charged for this bond is subject to adjustment upon completion mcontract otapplicable rate nufinal contract price. of 246 Ghilotti Avenue, Santa Rosa, CA 95407 as Principal, and the Liberty Mutual Insurance Company a corporation organized and existina under the laws—of the State of — Massachusetts and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Rafael in the sum ofFive Hundred Seventy-five Thousand Six Hundred Five Dollars And Zero Cents Dollars (857580500for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, s-ticcessors and } assigns,jointly and severally, firmly hythese presents. THE CONDITION OPTHE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated June 12013 , with the City ofSan Rafael mdoand perform the following work, to -wit: Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Project NOW, THEREFORE, Jthe above -bounden Principal shall faithfully perform all the provisions ofsaid Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must hcinstituted before the expiration oftwo (2)years from the date o{ substantial completion ofthe work to6eperformed under the Contract. Si2ned and seated this 3rd day of June -2013 LMS -1081' , 1W99 GhilottiConstruction Company, Inc Liberty Mutual Insurance Corrip4ny Bv Principal ACKNOWLEDGMENT State of California County of Placer On June 10, 2013 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared Jana B. Pilgard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY RANGEL WITNESS my hand and official seal. COMM. # 2007083 NOTARY PtNKX sA PLACER COUNTYmte Co. Exp, FEB. 11, 2017 Signature t (Seal) I 1� CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, Ghilotti Construction Company, Inc. Executed in Duplicate 7_9�, 11,11101111 and the Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Rafael in the sum of Five Hundred Seventy-five Thousand Six Hundred Five Dollars And Zero Cents as Obligee, Dollars ( $575,605.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. Z' THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 3rd day of June , 2013 , with the Obligee to do and perform the following work, to -wit: Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Project NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3 181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3 181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, scaled and dated this 3rd day of June 2013 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. LMS -1081.6 10199 Ghilotti Construction Company, Inc. Principal Liberty Mutual InsywceC pany By JaQa,1A. Pilgard, Attorney -in -Fact ACKNOWLEDGMENT State of California County of Placer ) On June 10, 2013 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared Jana B. Pilgard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHY RANGEL COMM. # 2407083 � NOTARYs t� PLACER COUNTY _C0nvn,Exp.FEB. 11, 2017 Signature Y (Seal) fey THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 6085485 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectivelyy called the "Companies'), Pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Dona Lisa Buschimann; J. Buschmann; Jana B. Pilgard;Kathy Rangel; Robert 9, Laux; Susan Fournier all of the city of Roseville state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of April 12013 American Fire and Casualty Company The Ohio Casualty Insurance Company 21 0 Liberty Mutual Insurance Company CL West American Insurance Company N bw By: Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss COUNTY OF KING to day On this 18th day of April, I , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American u a) Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, 0.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. M at > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written, Z By: 0 KD Riley, Not .Af4 Public 60 0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fireand Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a) ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject a) to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Corporation to make, execute, seal, t *- 0 r— acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so I- executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under 0 4— the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0 ARTICLE X111 — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf ofthe Company to make, execute, 0 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their Z 0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company., wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary., of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto 3et my hand aid affixed the seals of said Companies this 3rd day of June 20 13 By: David M. Carey; 'Assistant Secretary LMS 12873 682012 58 of 200 ACORtU� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTA M CT NAE: Cass Hamann Woodruff -Sawyer & Co. 50 California Street, Floor 12 San Francisco CA 94111 PHONE 1 - I FAX A/C No :41 - E-MAIL ADDRESS: h INSURERS AFFORDING COVERAGE NAIC # INSURER A: 1 Republic GeneralCorp4 /31/2013 INSURED GHILCON-01 INSURER B: INSURER C : Ghilotti Construction Company, Inc. 246 Ghilotti Avenue Santa Rosa CA 95407 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1710799743 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER I POLICY EFF MM/DDNYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY Y AlCG37541309 /31/2013 /31/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $100,000 CLAIMS -MADE IT] OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,006,000 GENERAL AGGREGATE $4,000,000 [GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ POLICY X PRO- LOC A AUTOMOBILE uABIUTYED A1CA37541309 /31/2013 /31/2014 SIN LE LIMIT Ea accident $1000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ Pear a.cidPER entDAMAGE $ X HIRED AUTOS X AUTOS ED UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION lCW94681310 /2/2013 /2/2014 X wC STATLIMI_U- O R AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? A NIA - (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1 $1,000,000 I i � I DESCRIPTION OF OPERATIONS / LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GCC job #5513, CITY PROJECT NO. 11174, LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE 11, PROJECT NO. 11174 It is herby understood and agreed that the City of San Rafael its officers, agents, employees are additional insured hereunder but only as respects liability arising out of the land &/or property &tor work described in the Public Works contract for the project entitled LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE 11, PROJECT NO. 11174 between the City of San Rafael and Ghilotti Construction Co, for the work & improvements described therein. Forms CG 20 37 07 04, CG 20 10 07 04 attached. Coverage is Primary and Non -Contributory per form CG EN GN 0029 09 06 attached. CERTIFICATE City of San Rafael 111 Morphew Street San Rafael CA 94915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): As required by written contract: Location(s) of Covered Operations where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV -- Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Policy Number Policy Period Producer's Name: Producer Number: Ghilotti Construction Company, Inc. A 1 CG3754t309 03/3112014 AUTHOR I EREPRESENTATIVE to Endorsement No. Endorsement Effective Date: j 3131113 DATE NAMED INSURED: Ghilotti Construction Company, Inc. POLICY NUMBER: AICG37541309 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INN This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organ izat ion (s): Locations Of Covered Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 location 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 its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 0 NA -MED INSURED: Ghilotti Construction Company, Inc POLICY NUMBER: AICG37541309 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. M ffi A W1 ! n•' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contract Where required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- at the location designated and described in the elude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM CONSTRUCTION COMPANY - Corporate Resolution to Execute Contracts Resolved that this Corporation, Ghilotti Construction Company, hereby approves and appoints Richard W. Ghilotti, President of Ghilotti Construction Company, Brian Ongaro, Vice President of Ghilotti Construction Company, All Yazdi, VP, General Manager of Ghilotti Construction Company, and Stacy L. Magill, Secretary of Ghilotti Construction Company for the purpose of executing in the name of this corporation, all bid documents, contract documents and contract bonds. Resolved further, that any and all actions taken by Richard W. Ghilotti, Brian Ongaro, Ali Yazd] and Stacy L. Magill in executing said bid documents, contract documents, contract bonds and any other required documents be, and they hereby are, ratified and approved, and all such Contracts and bonds and documents are hereby adopted as binding obligations of this corporation. I, Stacy L. Magill, Secretary of Ghilotti Construction Company, a corporation incorporated under the laws of the State of California, do hereby certify that the foregoing is a full, true and correct copy of resolutions of the Board of Directors of the said corporation, duly and regularly passed and adopted at a special meeting of the Board of Directors of the said corporation which was duly and regularly called and held in all respects as required by law, and by the bylaws of the said corporation, at the office thereof on the 21s` day of August, 2001, at which special meeting a majority of the board of Directors of the said corporations was present and voted in favor of said resolutions. IN WITNESS WHEREOF, I have hereto set my hand as such Secretary and affixed the corporate seal of the said corporation, this 22nd day of October, 2012. Stacy L. M96 11 Secretary -- Engineering Contractor — 246 GHILOTTI AVENUE e SANTA ROSA, CA 95407 o 707-585-1221 * FAX: 707-585-0129 STATE CONTRACTORS LICENSE #644515 SA N 6/1 C� L I FO�`� 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 1 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 farm of agreement; bonds, and insurance certificates and j 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. t To be completed by Contracting Department: - Proect Manager:Project Name: -j�. r Agendized for City Council Meeting of Of necessary):01 _�-- . 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 $20,000 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: 6/3/13 FROM: Jude Dictado DEPARTMENT: Public Works DATE: 5/24/13 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE 2, CITY PROJECT NO. 11174, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $575,605.00. Department Head (signature) REMARKS: (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: E m City Manager (signature) City Attorney (signature) r REMARKS: 0 P0 FAXED AND E-MAILED April 17, 2013 Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 FAX NO: 382-7205 Attn: Donna Lazarus MAYOR GARY O. PHILLIPS VICE MAYOR BARBARA HELLER COUNCILMEMBER KATE COLIN COUNCILMEMBER DAMON CONNOLLY COUNCILMEMBER ANDREW CUYUGAN MCCULLOUGH PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Nader Mansourian, Director of Public Works P. O. No. 00449 (City Council) Account #2070419 File No: 18.10.17 Re: NOTICE INVITING SEALED PROPOSALS - LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE II, PROJECT NO: 11174 Enclosed is one copy of Notice Inviting Sealed Proposals for Public Works entitled: "Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Project Phase II". Please publish the enclosed notice on April 22, 2013 and furnish us with Galley Proof and Proof of Publication in duplicate. Thank you for your cooperation in this matter. Sincerely yours, Hunter Young Assistant Civil Engineer HY:dw Enclosure (1) cc: Esther C. Beime, City Clerk (2 copies-w/encls.) Project Engineer (w/encl.) Admin. (2) (w/encl.) I I I MORPHEW STREET • PO Box 151560 - SAN RAFAEL, CA 94915-1560 WWW.CITYOFSANRAFAEL.ORG 11 ■ 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 Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Project — Phase 2 City Project No. 11174 Project Description: This project consists of all associated work described in the attached plans, specifications and the provisions of this document for excavation, removal of existing concrete sidewalk, curb, gutter, and landscaping, and construction of new sidewalk, curb ramps, curb, gutter, concrete bus pad, asphalt concrete pavement, storm drain, street lighting, and traffic signing and striping modifications located in the Canal neighborhood of San Rafael, California. Each bid shall be in accordance with the plans and specifications adopted by the City of San Rafael City Council on April 15, 2013, 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 94901. Cost shall be One Hundred Fifty Dollars ($150.00) per set, non-refundable. Cost of mailing sets shall be an additional Twenty Five Dollars ($25.00) 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, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before May 21, 2013 at 2:30 pm. The City reserves the right to reject any or all bids or to waive any informality in a bid. Z--. ESTHER C. BEIRNE City Clerk Dated: April 22, 2013 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 Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Project — Phase 2 City Project No. 11174 Project Description: This project consists of all associated work described in the attached plans, specifications and the provisions of this document for excavation, removal of existing concrete sidewalk, curb, gutter, and landscaping, and construction of new sidewalk, curb ramps, curb, gutter, concrete bus pad, asphalt concrete pavement, storm drain, street lighting, and traffic signing and striping modifications located in the Canal neighborhood of San Rafael, California. Each bid shall be in accordance with the plans and specifications adopted by the City of San Rafael City Council on April 15, 2013, 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 94901. Cost shall be One Hundred Fifty Dollars ($150.00) per set, non-refundable. Cost of mailing sets shall be an additional Twenty Five Dollars ($25.00) 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, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before May 21, 2013 at 2:30 pm. The City reserves the right to reject any or all bids or to waive any informality in a bid. ESTHER C. BEIRNE City Clerk Dated: April 22, 2013